Lost TitleSo what is the difference between a lost title, a duplicate title, and a replacement title? Well, a lost title is simply when you lost the document copy lost that title.
Duplicate TitleA duplicate is when you get another copy of that last prior title with no changes, meaning that if it was in the name of John Smith and the new title is issued the same way, even if it’s handed to a different person.
Replacement TitleA replacement title is like a duplicate, but you can simultaneously change ownership if you want to put it in somebody else’s name. Again, different states have different rules and different terminology, but typically a replacement title is getting another one with the option of changing the name on it.
Ownership ProofEither way, if the title is not around, you need to get one of them to prove ownership of that vehicle.
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What is title recovery? For vehicle title recovery is simply getting you as a person qualified to get a title from the DMV. If the DMV has said no to you, then you need to get title recovery.
DIY vs. Hiring CompaniesIf something you can do yourself, there’s a lot of companies that advertise online that they’ll charge you money to do title recovery, but in most cases, it’s a process you can do yourself going through the right channels in the right process.
The Importance of a Valid Title DocumentSo what all goes into the process of transferring a vehicle title? First of all, you have to start with a valid title document. You need to make sure that you have a legal title; it’s the most current version, not an old version, and it’s not a replace duplicate.
Proper Execution of the TitleOnce you have that document, you need to do a proper execution, meaning that the legal owner listed on the front has to sign that title over to somebody else. If there’s a lien on the vehicle, even if it’s paid off, it doesn’t matter if the loan amount is zero. It has to be executed that’s paid on that title. In some cases, the lien release and/or the ownership transfer have to be notarized.
Submission to the DMVOnce that’s all done, you have to present it to the DMV. The transfer is not complete until it’s submitted to the DMV, and they issue a new title which supersedes the old title. You got to do that because the owner of the car may have gotten a duplicate, they may have a loan on the car, they may have some other claims against a car that are not reflected.
Completing the TransferGetting that title transfer to the new owner isn’t complete until a new title document is issued with the new ownership name on it. You want to do that as soon as possible because if the prior owner has any legal event in their life – divorce, they die, they have a bankruptcy, they get sued – some debtors or a state can look up their assets and say, “Hey, wait a minute, this car’s in their name. Let’s add it into the estate or let’s add it into the lawsuit.” So you want to get a transfer to your name as possible so you’ll have any conflicts with people who have claims against that vehicle from prior owners.
So how do you get a car title search? Well, the first question is whether or not you can get one or not is what actually do you want searched.
What Can You Search in a Car Title?If you want a history of the vehicle that’s okay. If you want to know what type of title it is salvaged repaired junk title that’s okay too. If you want to know the last state the car was registered then that’s an okay type of search to do. If you do want the owner’s names and identity of vehicle ownership that’s not okay.
Legal Restrictions: The Driver’s Privacy Protection Act (DPPA)There’s a federal law called the DPP a driver’s Privacy Protection Act which limits access to ownership information. It was passed back in the 90s to protect identity and locations of people.
Misuse of Ownership InformationLet’s say for example you want to find out where somebody lived you look to their car you write down their plate number or their ID number and you go and do a title search and you find out where they live. Where there were people using that process to stop celebrities and to maybe find people that they want to know find out where they live. There was even cases of road rage where somebody would get mad at somebody on the road write down their car information and find out where they live and go knock on their door and do something bad to them. So for that reason you can’t search the owner of a vehicle that makes it difficult sometimes to track a prior owner.
Alternative MethodsIf you need to get a car title in that case things like acceptable uses through a licensed investigative agency may be used to find that information. The information probably can’t be revealed to a third party but it could be used to do title recovery as opposed to a title search.
Well, contrary to popular opinion, a car title is usually not an instant process. The DMV is the only place that can issue a legal title. Nobody can print one, no company can make one, you can’t buy one, you have to get it from a government agency: Department of Transportation, DMV, Department of Revenue, depending on your state.
Legal Document, Not Just PaperIt’s a legal document, it’s like money, and because of that, they don’t leave blank ones laying around at the DMV office. If there’s somebody to throw in a printer and print your name on it because it creates an opportunity for theft or fraud, and it’s outside their control to know what cars have titles printed form.
The Vault: Ensuring SecurityIn most states, they have a secure location they call it the vault that’s off-site. When somebody goes to a DMV office, they type in the information, they send it to the vault. The vault prints out these documents. They have blank legal documents that they print out.
Waiting Periods and Rush TitlesSome states even have a mandatory waiting period so that if somebody’s trying to commit fraud, it doesn’t happen immediately. Somebody can’t just grab a title, sell it real quick. They might have to wait fifteen or thirty days to get that title. Some states allow you to do a rush title if you have certain documentation.
Ensuring Security and Preventing FraudIf you can prove your identity and have notarization or power of attorney, you can do a rush title. But normally you can’t just walk into a DMV office and say I want a new title and get it printed out. There’s a few states that allow that, but most do it off-site to control access to those legal documents in those blank title forms so there’s no fraud and it protects ownership interest in vehicles.
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