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Colorado Abandoned Vehicle Title Procedures

Abandoned vehicles are a common concern, often prompting individuals to seek ways to obtain a title for a vehicle they’ve acquired. However, the term “abandoned” doesn’t necessarily mean a vehicle has magically appeared on your property without explanation. In most cases, people claiming a vehicle is abandoned have acquired it through various means, such as purchasing it on Craigslist, acquiring it from a towing company, or receiving it for sale without a title.

Here, we’ll examine an example from the state of Colorado, using their Department of Revenue’s “Abandonment of Motor Vehicles Private Tow Requirements Checklist” to illustrate why the term “abandoned” doesn’t equate to a straightforward process for obtaining a title.

Abandoned Vehicle Process Overview:

  1. Tow Operator Notification to Law Enforcement:
    • Within 30 minutes of picking up an abandoned vehicle on private property, the tow operator must contact law enforcement.
  2. Record Search Submission to DMV:
    • Between two and ten calendar days of towing, the tow operator must submit a record search request to the DMV to identify the vehicle’s owner.
  3. Notice to Owner:
    • The tow operator sends a notice to the owner, stating that the vehicle has been towed and impounded. The owner typically has 30 days to pay outstanding fees and retrieve the vehicle.
  4. Vehicle Sale or Disposal:
    • If the owner doesn’t retrieve the vehicle within the specified time frame, it can be sold or disposed of. The sale must occur within 30 to 60 days from the postmark of the notice.
  5. Forms and Documentation for Title Application:
    • Depending on the vehicle’s value, specific forms and documents are required to obtain a title. For vehicles valued at $350 or less, it may receive a junk or parts-only title.

Challenges and Additional Requirements:

  • Bond Requirement for Vehicles Valued Over $350:
    • If the vehicle’s value exceeds $350, the buyer must purchase a surety bond for a minimum of $700.
  • Additional Documentation Needed for Title Application:
    • Various documents such as an original private tow information request, bill of sale and appraisal to the buyer, VIN verification, application for title event inspection, and a no-record printout are necessary.
  • Salvage Designation Disclosure:
    • The tow operator is required to disclose if the vehicle has a salvage title. If indicated during VIN inspection, the buyer may apply for a salvage title.
  • Commercially Reasonable Sale:
    • The vehicle must be sold in a commercially reasonable manner, often through public auctions.

Abandoned Vehicles Are Not Finders Keepers

The outlined process in Colorado demonstrates that abandoned vehicles are not simply finders keepers situations. For civilians without tow operator licenses, the ability to declare a vehicle abandoned and initiate this process is limited. Even when allowed, it involves a complex series of steps and requirements.

Alternative Methods for Obtaining a Title: If you’re seeking a title for a vehicle you’ve acquired, there are alternative methods that don’t involve labeling it as abandoned. Options such as surety bond titles, prior owner contact, magistrate titles, and court order titles provide more controlled and legally sound avenues.

Consulting Title Professionals: For assistance in navigating the complexities of obtaining a title, reaching out to title professionals, whether in the title division or the surety bond division, can provide valuable guidance. They can offer insights into the most suitable methods for your specific situation, helping you secure a legitimate title without resorting to the abandoned vehicle process.

In summary, understanding the limitations and complexities of abandoned vehicle procedures highlights the importance of exploring alternative avenues to secure a title legally and effectively.

Abandoned Vehicle Title Document Requirements

Hello, this is Dave, and in this video, we’re going to delve into the intricacies of the unclaimed vehicle titling process. It’s a topic that generates numerous inquiries – approximately 7 to 900 calls a day – and we want to shed light on the process using a specific example from Franklin County in Ohio. While the details are jurisdiction-specific, the fundamental steps are similar across various regions. So, whether you’re dealing with vehicles in Ohio or elsewhere, this guide provides a comprehensive overview of what to expect and whether it’s a process worth pursuing.

Understanding the Unclaimed Vehicle Titling Process:

  1. Verification of Vehicle Value:
    • Before diving into the process, it’s crucial to verify that the vehicle’s value aligns with the specified guidelines. In Franklin County, Ohio, this applies to vehicles with a value less than $3,500.
  2. File BMV Form 1173:
    • The first official step is filing a BMV Form 1173 (or its equivalent in other states), requesting information on the lien holder and owner’s last known address. This form is submitted to the DMV to notify them of your intent to claim the vehicle.
    • Note: This is often considered Step 2, but it’s imperative to complete it before proceeding with other steps.
  3. Mail Certified Notices:
    • Once armed with official information from the DMV, the next step involves sending certified notices, return receipt requested, to the owner and lien holders. This notice includes details about the vehicle’s location, value, and your intention to claim it.
    • A waiting period of 15 to 60 days (depending on state statutes) is crucial before advancing to the next step.
  4. Unclaimed Motor Vehicle Affidavit Form:
    • The claimant needs to complete an Unclaimed Motor Vehicle Affidavit form, which essentially serves as the application for title. This includes providing evidence such as repair agreements, valuation printouts, and certified mail documentation.
  5. Apply for Title:
    • The final step is applying for the title. This involves visiting a clerk of court or title office, presenting all evidence from Step 4, and completing the application process.

Additional Considerations:

  • Protection Against Fraud:
    • The unclaimed vehicle process is designed to prevent fraud, and as such, it undergoes thorough scrutiny. Any attempt to abuse the process may result in rejection and legal consequences.
  • Auditing by DMV:
    • Government agencies often audit these applications due to their susceptibility to abuse. This meticulous review ensures the legitimacy of claims and prevents fraudulent activities.

Closing Thoughts:

Navigating the unclaimed vehicle titling process requires attention to detail, adherence to timelines, and compliance with official procedures. It’s a process frequently sought after, but one that should be approached with caution and transparency.

For more detailed information, including forms and documents for every state, feel free to visit our website at CarTitles.com. We provide resources for a DIY approach, or you can explore our services if you prefer assistance. Remember, while the process can be time-consuming, it offers a legal solution to excess vehicle storage or abandonment issues.

If you have further questions or need guidance, don’t hesitate to reach out. We’re here to help you navigate the complexities of unclaimed vehicle titling.

Why Do So Many Luxury Cars Have Montana Tags?

Why do you see so many Montana license plates all over the country especially on motor homes RVs and sometimes high-end expensive vehicles? Well, the reason why is there are some advantages that people may use through titling and registering a car in the state of Montana that could be advantageous for an owner who may have a full-time RV or maybe has multiple houses and multiple addresses. 

The two most common reasons are:

  1. Sales tax advantages
  2. Titling process

Sales tax

The state of Montana does not charge sales tax on vehicles. So if you have a vehicle that you’re purchasing and you can title it in Montana if it’s legal, you may be able to avoid having to pay sales tax, which you would have to pay if you title it in a different state.

Now you want to ensure you’re following all proper laws and regulations and not doing tax fraud or tax avoidance. But if you legitimately have a multiple-state residency, have a full-time RV, or you have some domicile in Montana, you may be able to title your vehicle in that state and not pay sales tax. 

Title process

In order to do this, you will have to create a corporation in the state of Montana unless you’re a resident with a Montana license, but that’s not what most people do. Most people are residents of another state or multiple states. They form a corporation in Montana and title the vehicle in that corporate name. So you’ll have some corporation filing fees usually a couple of hundred bucks and you may have to pay a service to be a registered agent in Montana to title the vehicle in that state. 

Insurance considerations

You also have to consider insurance issues because if you get vehicle insurance for a motor vehicle titled in Montana, you’re representing to your insurance company that the vehicle is domiciled in Montana. Also known as the location where the vehicle is garaged. So you want to make sure you’re not misrepresenting your garage location to your insurance company and here’s why. You might think that you could just tell them “Hey it’s in Montana”, but if you have any type of a claim for an accident or damage, whether it’s your fault or not, you may have issues where the insurance company wants to deny your claim because you’ve misrepresented on your application where it’s garaged. 

Why do they do this? Well, if they’re giving you an insurance rate based on having your vehicle most of the time driving in Montana, it might be a lower rate because it’s a safer state. But if it turns out, you live in a big city downtown Seattle or downtown Chicago, and the rates would be higher there because of more theft, accidents, and more risk of damage, you might be accidentally unintentionally committing insurance fraud.

So you want to make sure you get good legal advice from an attorney and that you get good insurance advice from your insurance agent before you place insurance on the vehicle in Montana. You may be able to get insurance for your Montana title vehicle and still have a garage address elsewhere, just make sure your scenario matches the proper use of this process. 

That’s the reason why there are so many exotic vehicles and high-end vehicles, and expensive motor homes that have Montana license plates on them.  Next time you’re driving by an RV resort or an exotic car meet-up, look at the license plate and see how many are Montana. Even if you’re not anywhere near Montana, you may be surprised at how common it really is.

Want a CarTitles.com professional to do it for you?

For as little as $159 for most processes, we will save you the headache and prepare all of the car title paperwork needed to get you a new title. Simply choose the title recovery method you’d like to use and we’ll get started!

Select your title recovery method:

Order Vermont Title LoopholeOrder Deceased Owner Title TransferOrder Bonded Title ProcessOrder Abandoned Vehicle ProcessOrder Prior Owner ContactOrder Lien Release Request Letter

Title-Holding vs. Non-Title-Holding States

What happens to your car title when it’s financed? Well, this entirely depends on whether or not you live in a title-holding state or a non-title-holding state.

What is a title-holding state vs. a non-title-holding state?

Title-holding state: A title-holding state will send the vehicle title with the owner’s name and lienholder’s name directly to the vehicle owner to hold until the loan is paid off.

Non-title-holding state: A non-title-holding state means that this particular state requires that the lienholder hold the title until the loan is paid off. Most states in the US are non-title-holding states.

What states are non-title-holding states?

There are currently 41 non-title-holding states:

Alabama Idaho New Hampshire Tennessee
Alaska Illinois New Jersey Texas
Arizona Indiana New Mexico Utah
Arkansas Iowa North Carolina Vermont
California Kansas North Dakota Virginia
Colorado Louisiana Ohio Washington
Connecticut Maine Oregon West Virginia
Delaware Massachusetts Pennsylvania Wisconsin
Florida Mississippi Rhode Island
Georgia Nebraska South Carolina
Hawaii Nevada South Dakota

What states are title-holding states?

There are currently 9 title-holding states:

Kentucky Minnesota New York
Maryland Missouri Oklahoma
Michigan Montana Wyoming

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Can A Mechanic Get A Title For A Car?

Are you a licensed mechanic looking to get a title for a car that was left behind by its owner? If so, you may be eligible to file a mechanic’s lien to get a title. However, it’s not as straightforward as filing a mechanic’s lien and getting a title. How can a mechanic get a title for a car?

What is a mechanic’s lien?

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.

How does the mechanic’s lien process work?

The mechanic’s lien process is a legal process available in every state. Once all filings and contacts have been completed, the final steps of the process include selling the vehicle at a public auction. It is at this point that the mechanic can also bid on the vehicle, purchase it, and get a new title. As an example, take a look at how to get a mechanic’s lien in Kentucky.

Kentucky mechanic’s lien example

Eligibility

In order to be eligible for a mechanic’s lien in Kentucky, a vehicle or vessel must be in the possession of a person engaged in the business of selling, repairing, or furnishing parts for vehicles and the owner of that vehicle owes that person charges for repairs, labor, or supplies for more than 30 days. Once the vehicle or vessel has met this criterion, it may be sold at auction in order to pay for the accrued charges.

Contact and public notice

Before the sale can proceed, you must make all reasonable attempts to contact the registered owner and any security interests such as lienholders. This information must come from a title search to ensure the proper parties are contacted according to the DMV’s records. This contact must be made through certified mail to notify the owner and lienholder of the proposed sale. This initial notice of sale must be sent at least ten days prior to the proposed sale date. Be sure to keep all certified mail receipts as they will be needed when applying for a title.

In addition to the notice, you must also advertise the sale in the local newspaper once a week for three consecutive weeks. The advertisement must include the year, make, model, VIN, name of the owner(s), name of the lienholder(s), and the name, address, and phone number of your automotive shop.

Public auction

Once all notification requirements have been completed, you can proceed with the sale. The sale may be made to an outside buyer, or your shop may also bid on the vehicle. In compliance with Kentucky statutes above (KRS.376.270, KRS 376.280, and KRS 424.130), the purchaser of a vehicle sold under a mechanic’s lien must provide the following documents when applying for a vehicle title:

  • Affidavit of Motor Vehicle Sale (TC96-159) completed by the seller
  • Bill of sale from the seller on the autobody shop’s letterhead (KRS 186.200)
  • Kentucky Application for Title and Registration (TC96-182)
  • Affidavit of newspaper advertisement publication & copy of the advertisement
  • All certified mail receipts (green or white slip) and the return receipt (green slip) from the owner(s) and the lienholder(s)
  • Sheriff’s inspection if the vehicle was last registered outside of Kentucky

The mechanic’s lien process is a very powerful legal tool for licensed mechanics to recoup their losses when a bill goes unpaid. A mechanic can, in fact, get a title for a car, but they must follow the steps of the process and purchase it from the public auction as anyone else would. The benefits of filing a mechanic’s lien are immense for mechanics. Before filing, make sure you know your state’s process so you can get the payday or the car you’ve been waiting for.

Want a CarTitles.com professional to do it for you?

For as little as $159 for most processes, we will save you the headache and prepare all of the car title paperwork needed to get you a new title. Simply choose the title recovery method you’d like to use and we’ll get started!

Select your title recovery method:

Order Vermont Title LoopholeOrder Deceased Owner Title TransferOrder Bonded Title ProcessOrder Abandoned Vehicle ProcessOrder Prior Owner ContactOrder Lien Release Request Letter

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