The court ordered title process is commonly overlooked as a method for vehicle title recovery, but if you’re missing key ownership documents you may want to consider it. The court ordered title process is for vehicle owners who are not eligible for typical title recovery methods due to missing paperwork, damaged or mutilated title documents, or other circumstances that render them ineligible according to their county. When all else fails, you can apply for a court ordered title.
There are more than 3,600 different counties in the United States, each of which has its own court ordered title process. While many processes are determined at the state level, court ordered titles are always determined at the county level. The county for the court ordered title process is typically identified as the county where the vehicle is located. Despite the differences in geographic location, most court ordered title processes share similar requirements. What does a typical court ordered title process look like?
Example from Fairfield County, Ohio:
Before applying for a court ordered title, you must attempt to obtain a vehicle title at the DMV even if you know you don’t have all of the proper documents. If you’re denied a vehicle title due to insufficient evidence of ownership, then you may apply for a court ordered title.
The court ordered title process is not simple, but it is an available process if all other methods of title recovery are unavailable for your situation. Before proceeding with a court ordered title, consider if another title recovery method is available such as bonded title, Vermont title loophole, lien release, prior owner search, or deceased owner transfer. If the best option for title recovery is a court ordered title, make sure to check the requirements of your county before proceeding. If it’s your vehicle, you deserve your name on the title.
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When you think of an abandoned vehicle, you might imagine that old rusty car that’s been sitting in your neighbor’s backyard for years. But it’s not only old and damaged vehicles that are left abandoned, sometimes private property owners find themselves in possession of abandoned vehicles that are in good working condition. Every state handles the abandoned vehicle process differently, but if you are in Pennsylvania, you may have the option to title the abandoned vehicle in your name.
A vehicle is to be considered to be abandoned if it is left inoperable and unattended on public property or highway for more than 48 hours or left on private property without the consent of the property owner for more than 24 hours.
Note: This does NOT apply to parking lots or garages unless the policy is explicitly stated and a notice is posted in public view.
If the property owner is not interested in obtaining a vehicle title or using the vehicle in any way after removal, the property owner should contact the local police department and request that they declare the vehicle abandoned. The police department will coordinate with salvage or junkyard to tow the vehicle from your private property and dispose of it.
If the property owner is not interested in obtaining a vehicle title or using the vehicle in any way after removal, the property owner may personally relocate the vehicle to a storage facility and bring an action before the district court. The property owner must provide the vehicle owner with reasonable notice then they may sell the vehicle to a sheriff’s auction and the department will sell the vehicle.
If the property owner would like to obtain a vehicle title for the abandoned vehicle on their private property, they may file a suit in common pleas court requesting that an order be entered that awards ownership of the vehicle to the landowner. This extinguishes the right to title and interest for the prior owner. Once filed, you may take the court order to PennDot and they will accept it as evidence of ownership in lieu of a physical title. To obtain the vehicle title, the court order must also accompany the state title application and all applicable fees and taxes. Additionally, the property owner must prove that they made every reasonable effort to contact the prior owner of the vehicle title transfer.
There are many methods to obtain a vehicle title that do not involve the abandoned vehicle process. Most vehicles that seem abandoned do not actually meet the criteria and some states prohibit the titling of abandoned vehicles. Before moving forward with an abandoned vehicle process, make sure that your situation meets the abandoned vehicle criteria for your state. Looking for more information about the abandoned vehicle title process? Click here!
A VIN verification is a very important process that verifies that the VIN listed on a vehicle title is the same VIN listed on the physical vehicle. Many states have adopted a VIN verification policy when titling vehicles and those state DMVs take VIN verifications very seriously.
A VIN verification is a good idea for everyone, regardless of if their state requires it or not. Depending on your state’s requirements, this may be performed by a notary public, DMV employee, member of law enforcement, or other authorized individuals. By performing a VIN verification, you’re ensuring that you’re receiving the correct VIN on your title and that the VIN is eligible for a title.
If the VIN on your vehicle is not the VIN that matches the vehicle title, that’s a big problem. This means that your title is invalid and that corrections must be made. On top of the corrections, there will be additional steps to take to further prove ownership of the vehicle which now has no title. If the VIN is correct but found in the NMVTIS database, your vehicle is likely not eligible for a title. VINs entered into the NMVTIS database are usually considered junk or may even be reported stolen.
The VIN verification process may seem tedious, but it’s a very necessary part of the vehicle title process. Some states don’t require a VIN verification or may waive the verification, but we recommend always performing your own VIN verification if one is not required.
A vehicle title is a legal document that proves ownership of a vehicle. While most vehicles require a title, obtaining a vehicle title isn’t necessarily a cookie cutter process. There are a variety of methods to obtain a vehicle title, each with its own set of requirements from the owner and reasons for being used.
A clear title is one in the owner’s name that doesn’t have a lien or third party that could attempt to claim ownership. With a clear title, the owner is free to sell the vehicle if desired.
If you do not have ownership documentation for a vehicle, you may purchase a surety bond to obtain a bonded title. The surety bond is equal to the value of the vehicle and covers any future claims in the event that a valid ownership claim to the vehicle comes forward in the future. Bonded titles are stamped “Bonded” for a period of 3-5 years before eventually coming off of the title where the owner can then apply for a clear title.
When a vehicle incurs major damage, the title may be designated as a salvage title. Typically insurance carriers will determine if a vehicle requires a salvage title, often when more than 60% of the vehicle’s value is lost. However, even if a vehicle doesn’t have massive damage, an insurance carrier can still place a salvage title brand on any vehicle. Salvage titles are permanent and cannot be removed under federal law.
Titles that have been sold to junkyards may be designated junk titles if the vehicle is intended to be scrapped or sold for parts. Vehicles and parts who’s VIN is part of the NMVTIS database can not be titled after receiving a junk title brand.
When insurance companies pay claims for vehicles and take ownership, they are eligible to process the title as a certificate of destruction. Vehicles with this title are intended to be destroyed or never used on the road again.
If you are the legally titled owner of your vehicle and you’ve simply lost your title document, you can apply for a duplicate title. Duplicate titles can only be issued in the state that they were originally registered and only to the last titled owner in the DMV database.
The very first document that was issued by the manufacturer to the dealer. This document is intended to be used to transfer the vehicle title to the first owner and obtain a title.
Similar to the certificate of origin, but involving brand new imported and domestic vehicles.
Vehicles that have been substantially rebuilt may have a reconstructed title brand issued by an insurance company, body shop, collision center, or licensed rebuilder. These vehicles can typically be used for road use, but may require additional inspections to verify it’s safety.
A title may be issued under an affidavit in lieu of missing documentation. This title method is often a last resort when all other options have been exhausted.
A parts-only designation is normally found on the bill of sale or transfer form, but not a title. However, if a parts-only bill of sale is submitted for vehicle title processing, the title may be issued with a salvage brand or other irreparable brand on title.
A vehicle that has a lien or a title loan may have the title issued directly to the lienholder. The purchaser will be listed as the owner, but the title will list the lienholder. Once the lien or loan is paid in full, the owner may send a lien release request letter to the lienholder for title transfer.
A vehicle being exported will likely need title documentation for customs clearance. If the vehicle is not declared at the exit point, a clear title may not be possible in the destination country. Start the title process early so that port storage fees do not accumulate while waiting for the title.
A vehicle being imported to the US must have legal title to clear customs. If the vehicle was previously titled in the US this is a vehicle title recovery process only. If the vehicle was not originally manufactured for the US market, there are requirements for certifying that the vehicle is legal for use in the United States. The Department of Transportation (DOT), Environmental Protection Agency (EPA), National Highway Transportation Safety Administration (NHTSA) and other agencies will need to verify that the vehicle meets standards for emissions, safety, bumper height, and other guidelines prior to entering the country.
Many state DMV title systems are transitioning to issuing electronic or paperless titles rather than physical paper documents.
Although selecting your title method may be challenging, it’s an important part of vehicle ownership. By titling your vehicle in your name, you’re ensuring that the certificate of ownership for your vehicle can never be legally transferred to someone else without your consent. Looking to title your vehicle, but need assistance choosing your title method or recovery process? Text TITLE to (402) 698-4853 for assistance in choosing your title method or recovery process.
One of the most common mistakes that vehicle owners make when using the Vermont title loophole is miscalculating their sales tax amount. The reason for this error is often simple – the applicant used the wrong NADA book value for their vehicle. Choosing the wrong NADA book value not only misrepresents your vehicle but can also lead to overpaying or underpaying on taxes.
The Vermont DMV states that to determine the book value of a vehicle, the applicant must use the Clean Trade-In value outlined by the National Automobile Dealers Association (NADA) commonly referred to as the “NADA Value”. The book value of your vehicle is how much the vehicle is worth and how much it would cost to replace it entirely. When determining your NADA book value, be sure to choose the lowest possible value to avoid overpaying in taxes. Some older model vehicles may not have a clean trade-in option outlined by the NADA. In these cases, you may be able to utilize a comparable book such as Kelley Blue Book to determine the value of your vehicle.
Once you’ve determined your NADA book value, you will use that figure to calculate the sales tax owed. Sales tax is due at the time of registration and is calculated using the NADA value or the purchase price, whichever is greater. Calculating the amount of sales tax for using the Vermont title loophole can be done using these formulas:
NADA book value is greater than the purchase price
(NADA value) x (6%) = Sales Tax Due
NADA book value is less than the purchase price
(Purchase price) x (6%) = Sales Tax Due
If your sales tax is calculated incorrectly, it’s likely that your application will be rejected. If it’s not rejected, but the sales tax amount is too low, you’ll receive a revised invoice for the remaining balance within 15 days.
In some situations, the applicant may believe that the vehicle’s value is lower than the stated NADA value. If so, the applicant may submit a Vermont Dealer Appraisal Form. The purpose of the appraisal process is to ensure that the fair amount of tax is being paid by the applicant for the vehicle they are registering.
Looking for additional tips for using the Vermont title loophole? Check out our article here on the top 5 tips for success. For assistance with your paperwork, learn more about our Bill of Sale only title utilizing the Vermont title loophole here!
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