The mechanic’s lien title scam is one of the oldest title scams in the book. As a consumer, you may not be familiar with the steps of a mechanic’s lien process, but what you should know is that it’s a powerful legal process that is not taken lightly.
A mechanic’s lien is a legal right that attaches to real property (in this case, the property being the vehicle) and protects mechanics who have done work on a car. Mechanics are able to file liens against cars after they have performed repairs/repairs on them because they have been damaged by the owner. The purpose of this law is to prevent mechanics from having their work go unpaid by people who abandon their cars before paying for repairs.
Similar to a mechanic, towing companies and storage facilities can also file mechanic’s liens, sometimes referred to as towing liens or storage liens, respectively.
Scammers will use skip tracing technology to search through repo lists, delinquent loan lists, and other collection agency lists. Once their lists are created, they will contact these people saying that they can get them a clean title for their vehicle, despite the owner being behind on their loan payments.
The scammer, who is actually an unscrupulous body shop or fake company posing as a legitimate body shop, will charge the vehicle owner hundreds of dollars for their clean title and will typically keep the owner in the dark about the title recovery process being used. After receiving payment, the scammer will use the mechanic’s lien process to apply for a new certificate of title for the vehicle.
In most states, the mechanic’s lien process requires that the vehicle be sold at auction to the highest bidder. The scammer may require you to bid on your own vehicle to get it back, or it may end up being sold to someone else. Regardless, once the car has been sold under a mechanic’s lien auction, it cannot be undone.
There are many reasons why this mechanic’s lien title scam is illegal. The main reasons are fraud and that the process is being misused. This scam not only defrauds the vehicle owner but also defrauds the lender by improperly removing the loan and the next buyer by giving them an invalid title. You can use the mechanic’s lien process to get a title, but only if the vehicle and circumstances meet very specific requirements. The mechanic’s lien process cannot be used to remove a lien that has not yet been satisfied.
The bottom line is – if someone says they can get you a clean car title using a mechanic’s lien process, it’s a scam. The mechanic’s lien process is only applicable under very specific circumstances and cannot be used by consumers as a method of title recovery. When in doubt, ask questions and get legal advice if needed. If it feels too good to be true, it probably is.
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The certificate of car title is a legal document that proves ownership of a car. You can’t just assume ownership by buying a title or even printing yourself a new one — it’s been legally issued by the state’s governing title agency, and can be considered invalid if it has any marks, changes, or otherwise has been tampered with. So what happens if there is an error on your car title?
A car title or certificate of title is a legal document that establishes ownership of a car. car titles are only printed by the DMV or another authorized state agency. The car title is given to the buyer typically at the time of purchase when ownership is signed over by the seller or dealership.
The DMV considers anything that wasn’t printed by them on the original title to be an error. This includes, but is not limited to:
If you notice an error on your car title, it’s important to address it with your state DMV as soon as possible. An error on a car title can be a misspelling of names, an inaccurate odometer statement, an incorrect sale date, or other miscellaneous errors. An error is not considered to be title document damage, mutilation, or loss of the car title. Do not attempt to make any changes yourself or it may invalidate your title and put your legal ownership status at risk.
Most states actually have a process to fix errors on car titles. In Indiana, it’s called an Affidavit for Certificate of Title Correction. To fix errors on your car title in Indiana, simply complete the Bureau of Motor cars (BMV) form 55582 and submit the completed form to the BMV office. This process is for titles completed in error only and will not work for title transfers.
If your car title is lost, damaged, or stolen, it’s not considered to be a car title error. In this case, if you were the last titled owner, you may be eligible to simply apply for a duplicate title in your state. Be advised that a duplicate title can only be produced from the state DMV where the car was last titled. Additionally, only the registered titleholder in the state DMV records is able to apply and receive a duplicate title. Most states charge a duplicate title fee ranging from $2-$25 per application.
When buying a car, make sure to check the title and the ID of the seller before buying and transferring the title. Once you have received your title, keep it in a safe space. If you know there are issues on your title, get them fixed as quickly as possible to avoid delays further down the line.
Are you looking to replace a lost title? If you were the last titled owner of the vehicle, a duplicate car title process is likely the best way to recover your lost title.
A duplicate car title is a very common method of title recovery. A duplicate car title is simply an identical copy of a car title that can be issued by the DMV when the original car title has been lost, damaged, or stolen. Just like for traditional title transfers and other methods of title recovery, the DMV or equivalent in your state will issue your duplicate car title. Every state in the US provides some form of duplicate car title process.
If you recently moved out of state and need to obtain a duplicate title, you won’t be able to get one from your current state. Duplicate titles are only issued in the state where they were last titled. To obtain a duplicate title from your previous state, either visit the state to apply in person if you can or apply by mail to the state DMV or equivalent.
The DMV takes the condition of the application seriously. If there are rips, spills, tears, stary markings, erasures, or any other visible damage to the application, it will become void and you will have to resubmit. Additionally, make sure all names are listed and suffixes are provided if applicable. Your duplicate car title application contents must identically match what is shown on the title. If there are two or more owners, they all must be listed and sign the application.
In order for a duplicate car title to be issued, it must be free of liens and security interest. If you have a lien on your title, you must obtain a lien release letter or letter of non-interest from the lienholder and include this with your application.
This may sound counterproductive because the DMV doesn’t accept photocopies of documents, but the photocopy should be kept for you and for your reference. In the event that there are questions about the application during processing, you will have a copy of the application to refer back to if needed.
Depending on the DMV location, if you are able to submit your application in person, sometimes this yields quicker results. When applying in person, you submit your application directly to the DMV agent who processes it usually in real-time. In these cases, sometimes it’s possible to get your duplicate car title back on the same day. If you cannot go in person or do not wish to, submitting a duplicate car title application via mail is perfectly acceptable. The only downside to submitting via mail is it may take a bit longer or get lost in the mail.
If you were the last titled owner of your vehicle and you are looking to replace your car title, the duplicate car title process is a straightforward option for title recovery. If you were not the last titled owner of your vehicle, but you are looking to replace your car title, consider other methods of title recovery. If it’s your car, you deserve a title in your name.
An abandoned vehicle is one where the vehicle owner has dumped the vehicle with no intention of returning to claim it. Typically, if you know where the vehicle came from or who it belongs to, it’s not an abandoned vehicle. There are many ways to claim a vehicle that is abandoned on your property, the first thing to do is to avoid calling the vehicle abandoned. Depending on the jurisdiction, referring to the vehicle as abandoned to the DMV or law enforcement will automatically trigger the removal and disposal of the vehicle. In many states, you cannot get a title for an abandoned vehicle without going through an auction process.
If you are a private property owner who has been left with an abandoned vehicle on your property, it can be incredibly stressful and overwhelming to have to deal with the necessary steps to get rid of the vehicle. This blog discusses general steps to take if you have discovered an abandoned vehicle on your property and what other options for title recovery may be available.
Each of the 50 US states has a different process to file for an abandoned vehicle. With each state having different legal requirements, it’s important to contact an attorney that specializes in vehicle title laws in your state. This article is not legal advice, we recommend speaking to an attorney prior to beginning your abandoned vehicle process.
What are your intentions with this abandoned vehicle? Abandoned vehicles aren’t necessarily a “finder’s keepers” type of situation. In most states, if you file an abandoned vehicle, you’re intending for the vehicle to be towed and disposed of. Many abandoned vehicle title processes do not allow for the property owner to take possession of the vehicle. If you’re planning to keep the vehicle and possess it or sell it, consider other title options such as a bonded title or a court-ordered title.
A court-ordered title may be a valuable alternative to an abandoned vehicle process. A court-ordered title can be applied for by filing a court case with your local county or circuit court to declare you as the vehicle owner. This is often the last resort title recovery method, but it is a great choice if you are missing most or all of the ownership paperwork. This is not legal advice, before using this method, be sure to obtain good legal advice for success in your county and state.
A bonded title may be a valuable alternative if you live in a state that allows for this method. A bonded title requires you to obtain a surety bond to secure the title of the vehicle. Obtaining the surety bond releases liability from the DMV in the event that there is an ownership discrepancy over the vehicle.
The Driver’s Privacy Protection Act (DPPA) is a federal statute that protects driver information from being public records. According to the DPPA, to obtain personal driving information, an individual or organization must submit an official form to the state DMV requesting specific information. To obtain information protected by the DPPA, you must disclose your reasoning in your official request. Just because the DMV receives your official request form doesn’t mean they will give out the information. The information you obtain from the DPPA request can help you locate the prior owner and will assist in the title or removal process. Not all states allow for this information to be requested. Arkansas and Wyoming do not allow for DPPA information to be provided about other individuals, in these states you can only request your own driving and vehicle records.
In some states, the property owner must sign an affidavit that states the vehicle has not moved from the original location in which it was abandoned. By moving the vehicle, you may be inadvertently invalidating the abandoned vehicle process.
In certain cases after all other methods of title recovery have been exhausted or if your state requires it, you may need to have a judgment against the prior owner of the vehicle. Certain businesses such as storage and towing companies may be able to charge storage fees for the abandoned vehicle, but private property owners are not permitted to do the same. Private property owners can use the court process to obtain a judgment against the owner for abandoning the vehicle on their property.
The abandoned vehicle process is a complicated legal process. If you are a private property owner with an abandoned vehicle of any kind whether it’s a truck, car, motorhome, or another type of vehicle, you may be able to file for an abandoned vehicle and have it removed from your property. In most states, an abandoned vehicle title is not a regular method of obtaining a title. When choosing your method of title recovery, first decide the desired outcome of the situation. Do you want to keep the vehicle? If so, try a bonded title or court-ordered title. Do you want to dispose of the vehicle? An abandoned title process may be right for you. Always seek professional or legal advice before proceeding with your title recovery method.
If you found your dream car for sale, but it has no title, should you still buy it? All cars have to have a title or title equivalent, this proves ownership and is a requirement for auto insurance. Without an owner and insurance, it can’t be legally operated on the road. So, why are some cars sold with no title?
Many cars are sold without a title because the last title was not signed over properly. If the seller bought the car, but the owner didn’t sign over the title properly, by purchasing the car you are receiving a skipped title. This means that the ownership assignment has improperly jumped owners—the chain of title has just been broken for no good reason. The seller of such a car is technically an “owner” and is supposed to have a title for it, but they don’t actually have one.
The bad news doesn’t stop there: A skipped title can also indicate other problems with your car. When someone fails to sign over their title correctly, they may have also failed to pay off all their loans on the vehicle, giving you unexpected debt on top of whatever money they’re asking for it. It’s also possible that they have failed to make certain legally-required disclosures about accidents or damage that may not have been properly repaired.
This is unfortunately an equally common scenario as a skipped title. If the vehicle was stolen, it’s likely that the seller has no title on hand. Most people do not keep their car title stored inside of their car for this reason. If the seller has the title in hand, you’d be able to see by checking their ID that they are in fact not the owner listed on the title certificate. Additionally, if they had the title in hand for you, you could run the VIN history to see if the vehicle had been stolen. By not providing you with the title, the scammer is hoping you won’t go through the trouble of requesting the VIN history.
A car may come with no title if it has a permanent title brand. It’s extremely important to know if the car you’re buying has a permanent title brand because it will impact your car’s eligibility to receive a title. If you decide to buy a car that has a permanent brand, you should be aware of its implications.
In certain situations, a car with a salvage title brand may be able to go back on the road. However, the inspection and repair processes for salvage vehicles may end up being more costly than the vehicle is worth. On the other hand, title brands such as junk, parts-only, or certificate of destruction are not eligible to receive a title and must be disposed of or sold for parts.
It may be difficult to identify a salvage vehicle or junk vehicle versus a clean title vehicle because not all branded vehicles will look damaged at first glance. Oftentimes the damage is under the hood or has been cosmetically fixed to look in mint condition.
Sometimes the answer is as simple as the seller lost the title or it was recently damaged and they need a new one. Assuming they were the last titled owner, this is usually an easy fix. If the seller has no title because the title was lost or damaged and they were the last titled owner, they can simply apply for a duplicate title in their state. Once they have received their duplicate title, then they can sign it over to you in a proper car title transfer.
Sometimes after the transaction is complete, the seller has no interest in helping the buyer. If you’ve already bought the car and the seller needs to obtain a duplicate title to sign over to you, remind them that until they do, the vehicle is legally in their name. Until they sign over the title to your name, they are responsible for taxes, fines, and fees on this vehicle. If that still doesn’t work, contact us for a Prior Owner Contact.
Ultimately it’s your choice, but we do not recommend buying a car with no title. As a buyer, this is a risky purchase. Even though there are many methods of title recovery, your money is at risk when you buy a car with no title. Until you have the title in your hand, signed over to you from the last titled owner, the car isn’t legally yours, you’ve just spent money on it. If the car is not eligible for a title, you’ll be out the amount of money you paid for it. If you purchased the vehicle from a dealer, there will be resources you can use, but if you purchased from a private seller with no title, the recovery process will be much more difficult.
Not every car is eligible for a title, don’t accidentally buy a car that can never go on the road.
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