If you are a private property owner in Alaska and you are in possession of an abandoned vehicle, you may be able to title it in your name. In most states, abandoned vehicles cannot be kept after being deemed abandoned. However, in Alaska, there is a specific abandoned vehicle process that can allow a private property owner to take ownership of the vehicle.
Abandoned vehicles are vehicles that have been left on public or private property by their owner with no further intentions to collect or dispose of the vehicle. If you know who owns the car or know how it got on the property, it is not considered to be an abandoned vehicle.
In Alaska, a vehicle is considered abandoned when it is left unattended near a public road or highway for more than 48 hours, left unattended on private property for 24 hours, or left on other public property for more than 30 days.
Before filing the claim of ownership, make sure that your situation meets the definition of an abandoned vehicle as defined by Alaska Statute 28.11.020 Presumption of Abandonment. If your situation applies, the first step to the abandoned vehicle process in Alaska, and in all states, is to send an official DPPA request to the DMV for the release of motor vehicle records.
The Driver’s Privacy and Protection Act (DPPA) of 1994 prevents unauthorized access to personal information collected b state motor vehicle departments. This act was put in place to keep drivers safe from improper use of disclosed personal information to a third party. The DMV will take your DPPA request very seriously and oftentimes they may not release the information after the initial request. To request DPPA information from the state of Alaska, complete the Request for Research/Verification of Motor Vehicle Record (Form 851).
After you’ve received the contact information for the registered owner, you must notify them and any other interested parties by certified mail stating that you are claiming ownership of this vehicle that has been deemed abandoned. The notice must be made via registered or certified mail as defined by Alaska Statute 28.05.101 Giving Notice.
If the registered owner or interested parties do not respond within 30 days, you must provide proof that the notice was undeliverable, returned, or refused. Make sure you keep all mailing receipts when foregoing an abandoned vehicle process. After those 30 days with no claims of ownership, you may apply to have the vehicle title transferred to you as the property owner under Alaska Statute AS 28.11.025 Claim of Ownership by Private Property Owner.
Using the Claim of Ownership/Involuntary Lien form (Form 826), provide the following information on the vehicle:
To file for a claim of ownership, you must disclaim why you are claiming the lien. In this situation as a private property owner, make sure you’re describing the situation correctly as an abandoned vehicle. Note that you will not be able to sell or transfer the title until the vehicle is in your name. Then, have the form notarized by a public notary and submit it to the Alaska Division of Motor Vehicles and complete a state title application.
If you live in Alaska, you may be able to keep abandoned vehicles that you find on your property. The steps listed above are designed to provide a general overview of the abandoned vehicle process in Alaska and will work for most vehicles if executed properly. Most states aren’t “finder’s keepers” when it comes to abandoned vehicles, but if you’re in Alaska, you might just get lucky!
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For property owners in Georgia, abandoned vehicles can be a big problem. If you’re a private property owner in Georgia and find yourself in possession of an abandoned vehicle, you may be able to have it removed from your property. However, if you want to keep the vehicle and get a title for it, you may want to consider using an alternate method of title recovery.
Abandoned vehicles are vehicles that have been left on private property by their owner with no further intentions to collect or dispose of the vehicle. If you know who owns the car or know how it got on the property, it is not considered to be an abandoned vehicle.
According to the Magistrate Court of Fulton County, GA, a motor vehicle is to be considered abandoned if:
If you have an abandoned vehicle in Georgia on private property, the first step is to download and complete the form Notice of an Abandoned Vehicle and Request for Information (MV-603). The purpose of filing this form is to notify the Georgia MVD of an abandoned vehicle and to request the names and addresses of any known owners, lessors, lessees, and other security interest holders.
Georgia abandoned vehicle laws state that abandoned vehicles must be removed by a towing company or law enforcement agency. You cannot move an abandoned vehicle to store it on another property. If you file the form MV-603, you are requesting that the vehicle be removed from your property and no longer be your problem.
After the vehicle has been towed and removed from the property, the towing company or other authorized business must attempt to contact any owners, lessors, lessees, and other security interests to notify them of the abandoned vehicle. If the towing company or authorized business does not receive a response from any of the interested parties, they may file for a court order to render them eligible to sell the vehicle at a public auction.
You can get a title for an abandoned vehicle in Georgia, but not by filing for an abandoned vehicle. In order to title the abandoned vehicle, the towing company must file a court order to sell the vehicle at public auction and sell the vehicle to the highest bidder. Once the vehicle is sold, the buyer can then begin the process to apply for a title.
An abandoned vehicle cannot be issued a bonded title under Georgia law. To obtain a vehicle title for an abandoned vehicle purchased at auction, you must obtain a certified copy of the court order and go through the process of a court-ordered title. Additionally, the buyer must submit the following documents:
For more information on obtaining a title with a court order in Georgia, click here.
If you’ve ever been stuck with an abandoned vehicle on your property, you know it can be just as frustrating as it is annoying. Fortunately, if your situation allows, there are typically legal avenues to address the problem. If you are looking to have an abandoned vehicle removed from your property, this guide will start you off in the right direction.
Are you looking to file a mechanic’s lien or storage lien? An abandoned vehicle can be troublesome for auto repair shops and storage facilities. Not only are they often left with an unpaid bill from the customer, but they’re also often left with the loss of a vehicle. It can be frustrating and seemingly impossible to track down the owner of an abandoned vehicle; so what can be done? If you’re a licensed automotive repair shop or a storage facility, you may be eligible to file for a mechanic’s lien or storage lien to recover the costs.
A mechanic’s lien is a legal process that allows licensed automotive facilities to recover costs for repairing a vehicle. An individual who is not a licensed automotive facility or similar entity cannot file for a mechanic’s lien. The mechanic’s lien process is complex and should only be used when absolutely necessary; it is not an easy way to title the vehicle. If you are an authorized entity and need to file a mechanic’s lien, your first step should be to check your state’s timeline of activities that must be completed in order to correctly file the lien.
For example, Texas mechanics or repair shops have only a thirty-day window from when the charge first accrues to file mechanic’s lien paperwork. On or after 31 days, the shop can hold a sale or auction of the vehicle. If all of the proper paperwork has not been submitted within that time period, the mechanic’s lien may be invalid.
Besides its mentioned time constraints, a mechanic’s lien that is not done properly can bring financial penalties to the mechanic or repair shop. For many years, mechanics and auto repair shops will sometimes abuse the mechanic’s lien filing system by overbilling for work done in order to take ownership of a vehicle. States’ Departments of Motor Vehicles are going out of their way to crack down on bogus and wrongful mechanic’s liens. For example in Oregon, HB4087 states that if liens are not placed properly, the vehicle owner can bring an action against the shop to recover without demand $2,000 or an amount equivalent to twice the value of the vehicle plus the owner’s reasonable cost up to $20,000. Similarly in Texas, vehicle owners can bring action against a shop and recover up to $10,000 if a lien is improperly placed on their vehicle.
The Department of Motor Vehicles is working to make the process for disputing bogus mechanic’s liens more streamlined for vehicle owners. Mechanics should ensure that the mechanic’s lien process is absolutely necessary for each situation. Always attempt to contact the vehicle owner or prior owner before taking further action and be sure that you are familiar with your state’s timeline for mechanic’s liens.
A storage lien is a process afforded to an automotive storage facility or similar entity in order to recover costs of vehicle storage or disposal. Similar to mechanic’s liens, not all parties are eligible to file a storage lien. A storage facility or similar entity is one that is involved with storing, repairing, or otherwise caring for automotive vehicles. Each state has its own process to file a storage lien and the timeline varies depending on the geographic location.
For example, in California, if a vehicle is valued at $4,001 or more at a storage or self-service storage facility, the storage company has 30 days from when the lien arose (when the registered owner was billed) to file a lien on that vehicle. Therefore, if they do not meet that filing deadline, they will not be eligible to file a lien on that vehicle.
The laws governing abandoned vehicles vary from state to state. Any licensed automotive repair facility or storage facility in possession of an abandoned vehicle may be eligible to file a mechanic’s lien or storage lien; however, the procedures for doing so can be tricky and are subject to strict timelines and requirements. If you are a licensed automotive repair facility or storage facility looking for assistance in filing a mechanic’s lien, learn more about our process and how we can help here. Don’t let someone else’s abandoned vehicle remain your problem.
A bonded title is a vehicle title that is obtained by purchasing a surety bond. The vehicle title is provided to the vehicle owner with all the legal documents required by state law. A bonded title is needed when a vehicle owner doesn’t have any of the proper documentation available to obtain a title, usually due to a change in ownership. Bonded titles are available in 34 out of 50 US states, as certain states do not allow this method. You may need a bonded title if you have lost the prior title, damaged the prior title, or never received it.
In some cases, a different method of title recovery may be easier than obtaining a bonded title. A bonded title is needed when there is a significant lack of evidence of ownership. If you have a bill of sale and your vehicle is 15 years old or older, you might qualify for the Vermont title loophole (also known as the Bill of Sale Title method). Look into similar methods of title recovery first before proceeding with a bonded title.
The requirements to obtain a bonded title vary by state. The bonded title application form can be found online on the state’s Department of Motor Vehicles (DMV) website. Some states also require an inspection of your vehicle before you apply for a bonded title. This can include an emissions inspection, VIN verification, or other general inspection. Inspections will vary by state but are generally completed by licensed garages or other mechanics in your area.
In some cases, residents of non-bonded title states may be able to obtain a bonded title through Vermont. Bonded titles are a valid method of title recovery only in the following states:
A surety bond is basically an agreement between you, the surety company, and the state DMV that says you are the legal owner of the vehicle. The bond also states that if the DMV finds out that there is a discrepancy regarding the ownership of this vehicle, they will not be held liable. In other words, if someone comes forward stating that they own this car and you falsely applied for a bonded title, you will be responsible for reimbursing the DMV for any costs incurred in correcting this situation. The surety bond amount is typically required to be 1.5 times the book value of the vehicle. Most surety bonds cost around $100-$150 to obtain for average valued vehicles. You are not required to pay 1.5x the value of your vehicle, only a small fraction to secure the surety bond.
Once you’ve purchased your surety bond, you can submit your completed application to the DMV. Make sure to review all state regulations and have all inspections done prior to submitting your application. Applications that are incomplete will most likely be rejected.
The good news is you do have options to get a vehicle titled without the proper paperwork. You can apply for a bonded title on your car, which may or may not be successful depending on your state’s laws. To be successful using this method of title recovery, ensure that you learn about all applicable laws in your jurisdiction and abide by all inspection regulations. Even if you’re missing the proper paperwork, if it’s your car, you deserve a title.
If you’re thinking about buying a kit car or an assembled vehicle, you’ll want to learn how to title it as well. Understanding the process of titling a kit car or an assembled vehicle is important before you commit to building a new ride. The laws for titling these vehicles vary from state to state and there may be special processes that need to be followed. Knowing about these processes will help you to complete the steps needed and avoid any potential delays.
Before registering your vehicle, however, it is important to know whether your vehicle is considered a kit car or an assembled vehicle as this will determine what documents are needed for registration.
A kit car is built by the owner or someone else. Kit cars are replicas of certain models of vehicles and are made in small numbers. The pieces are usually shipped to the buyer who assembles the vehicle or they can be purchased pre-assembled from the manufacturer. Vehicles that are made from kits, whether they are assembled by the owner or not, must be titled as a kit car or replica car.
An assembled vehicle is made when someone takes two or more separate vehicles and combines them into one using parts from each vehicle. Assembled vehicles also include rebuilt salvage vehicles where parts from other vehicles have been used to repair the original damaged vehicle after an accident.
The most important factor to consider when titling an assembled vehicle or a kit car is the VIN. Having a VIN is a prerequisite to getting a title. Before you apply for title and registration, you must have a VIN.
If the VIN is on one of the major components of the assembled vehicle such as the body or frame, you can use that VIN for your vehicle as long as it’s not logged in the NMVTIS database as junk or nonrepairable. If you don’t have the VIN from the body and frame or you have a kit car, you will have to apply for a new VIN from the DMV.
When you apply for a new VIN, this automatically triggers an inspection of your vehicle. Each state has specific requirements for kit cars and assembled vehicles. If your vehicle meets any of the general criteria, your vehicle may be denied a new VIN.
Kit cars are different from the conventional vehicles you drive every day. They are not regulated by the same standards as normal vehicles and have specific emission requirements. If you are rebuilding a kit car that is a replica, you only need to meet the safety and emissions standards of that model year. For example, if you purchase a 1956 ford model car kit, you only have to abide by the safety and emissions standards of that model year.
If your kit car is not similar to an existing vehicle model, then it needs to be inspected for emissions compliance at an approved smog check station after it is assembled and registered by the Department of Motor Vehicles (DMV).
If you are looking to get a kit car titled or even an assembled vehicle titled, the best advice is to do your research. Before you take any action, make sure to get your vehicle plans approved by your local DMV. Whether you bought the car from someone, built it yourself, or rebuilt it, if it’s your car, you deserve a title.
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