So what are loopholes you can use to get a title for a motor vehicle when you don’t have the right paperwork? See, here’s a title on the screen. This is what you want. This is kind of the magic document that you would like to have. Something like this, a certificate for your car, truck, trailer, motorcycle, camper, RV, whatever it is, even boats. Until you have that certificate in your hand, you have nothing. You’re not an owner. You’re just somebody who may have a bill of sale, maybe have a receipt, but none of that means anything until you get a legal title certificate in your hands.
The Challenge: Dealing with the DMVYou probably already found this out. You’ve probably been to the DMV. They told you, “Get out of here with your bill of sale. We don’t do bill of sales. Unless you have the document from the title, you’re out of luck.” So, the first word that comes to mind is, “What’s the loophole? What can I do?”
Defining a LoopholeWell, what is a loophole? And we’ll talk about what you can do. According to Wikipedia, a loophole is an ambiguity or inadequacy in a law which can be used to circumvent or avoid the purpose of the system. Circumvent or avoid. Remember those two words, because what you’re trying to do is avoid the proper procedure to get a title because you don’t like that procedure. It’s too hard, or you can’t do it, or it’s impossible, or you just don’t feel like it.
Common Loopholes and Their IssuesOne of the most common loopholes used in the past was the Vermont loophole. Everybody wanted to do Vermont. You could send their bill of sale to Vermont, you get a registration, then you get that, then you bring it to your state, tell them, “Hey, I moved from Vermont, give me a title.” It worked for a while, but it got shut down. Why? Because it was circumventing and avoiding the purpose of the system, right? The purpose of the system isn’t just to hand out titles to anybody who asks for one, anybody who has some random bill of sale on an envelope. Because if that was the case, then no car would be safe. Your car could be taken any time by somebody using a loophole. So that’s the bad news. Don’t worry about that. That’s the bad news.
The Good News: Legitimate Methods to Obtain a TitleWhat’s the good news? Is there are methods you could use to get a title. Want to call it a loophole? Fine. You can call it a loophole. It’s a legitimate method to get a title. It’s probably going to be harder than you want, because what you want to have happen is just call somebody up, type on a computer, do something with your VIN number, get me a title, and then magically in your mailbox it shows up. That’s what you want. Again, if it was that easy, no car would be safe. Your vehicle could be taken by anybody. Go on vacation for two weeks, you come back, somebody used a loophole to get a title, make up a fake bill of sale, right?
Why Easy Titles Would Be ProblematicSo you don’t want that. You think you do because you want to get a title as fast as you can in your hands, but you don’t want it because then the title would be worthless. It wouldn’t mean anything if you could get one easily. Then anybody could get a title for any car they wanted, and you’d be out of luck. So what do you do? Enough of me rambling, no. What do you do? Well, this is the process. Some states you can do a bonded title. We’ll talk about that in another video. This is the most powerful one. This is called a court order title, declaratory judgment in some states they call it, some counties they call it a magistrate title.
Court Order Title: A Powerful MethodAnd here’s what it says: assist you in obtaining a title for a vehicle which you own but for which you did not receive a title at the time of purchase. Does that sound like you? You own it but you did not receive a title for it at the time of purchase. That sounds exactly like you. This is exactly the process that is created for you to get a title.
Using the System Instead of Avoiding ItNow let’s go back to loophole page, right? Loophole says circumvent or avoid the system. This is the system. You don’t have to avoid anything. You can go right into the system. Because here’s the problem: if you avoid the system that’s giving you your title, eventually it’s going to be a problem. If you avoid requirements and somehow try to get a title, either A, it’s not going to work, or B, even if it does work, it’ll get revoked, or you get in trouble because you avoided the purpose of the system.
Steps to Obtain a Court Order TitleSo that being said, what do you got to do for this? Now this is one county. This is Hernando County in Florida. There are 3,611 different counties in the country. They all do it differently, but it’s almost always the same. The features are basically the same thing. First, let’s read what Hernando County says because most counties don’t even tell you what to do. Most counties you can’t walk in and say, “Hey, I want to do a court order title.” They’re going to say, “What are you talking about? Get out of here. We don’t know about court order title,” because courts don’t do titles. Courts do judgments. See what it says right here? Declaratory judgment. They don’t do titles. They do judgments.
Common Court Judgments and Rare Title JudgmentsAnd most of the time they’re doing judgments about other things. Somebody’s fence is too high in their neighbor’s yard, the dog’s barking too much, they got to get a judgment of eviction. They’re not doing judgment for titles. It’s very rare. So most counties never see this. Fortunately, there’s a handful of them across the country, five or six, that have a very specific description of a court order title.
Process of Getting a Court Order TitleSo what happens? The court may issue an order directing the Department of Motor Vehicles to issue a certificate of title. See what it says? Directing them. Not asking them, not begging them, not saying pretty please with sugar on top. It’s directing them. If the court issues an order, the DMV has to do it. You walk into the DMV with that order, slap it on the counter, they have to give you a title. End of story, right? The court is their boss. It’s like going over their head.
Initial Steps Before the Court Considers Your CaseSo what do you got to do? Before the court will consider it, you must take the following steps: diligent search to locate the former owner. There’s ways to do that. We’ll get into some of these in a minute, but let’s look at what they are. Provide a bill of sale. Oh, you have that, right? If the former owner has moved from the area, you should send a certified letter. We’ll talk about that. You must get a printout from the tag office which lists the last title number. Easy enough to do. You must get a motor vehicle identification number inspection sheet. So you have to go to your sheriff. Some states let you do it at a garage. You have to check the VIN to make sure it’s not stolen, right? You have to complete an affidavit saying, “How did you get the vehicle?” Right? Then once you have all that, that’s not real hard, right? Just a few things. You file it with the clerk of, in this case, Circuit Court. Some states, counties do it differently.
Filing and Court Review ProcessAfter, listen to this, this is important, after you file the paperwork, your case will be reviewed by court staff. Reviewed by court staff and forwarded to a county judge for consideration. In most instances, you will not have to appear in court. That’s the key. This is not like Law and Order, Jack McCoy, CSI, big court case. It’s an administrative process. It happens in the office. If the judge signs the order, you’ll be notified when the order is available. You go pick it up.
Timeframe and Cost ConsiderationsHow long does it take? It tells you right here. Process will take approximately three weeks. It’s not that long. That’s shorter than Vermont. People like that Vermont loophole, right? But it took longer than three weeks, and you had to pay more money because when you did Vermont, you had to pay Vermont what I call ransom. It was a sales tax, 8% on the book value of the vehicle. So this one, you don’t have to pay that.
Necessary DocumentationWhat do you need? Well, in this county, you need some forms. You have this affidavit. You have this complaint for declaratory judgment. You have all these documents. Most counties don’t give you this. They don’t already have this pre-done for you. You have to type all this up yourself, right? But there’s ways to make it easier. If you’re in Hernando County, you’re lucky. You can just get this form, print it out, fill it in, you’re good to go. The other 3,000 plus counties, you don’t have this luxury. You have to figure it out for yourself.
Resources and ConclusionFortunately, our website gives you a lot of this information. Go to cartitles.com and you can get all this information on how to do this. But this is the loophole. If you’re looking for a loophole for the DMV, this is it. The DMV can’t give you a title unless you have the old title, unless you got one of these magic golden tickets from the last owner signed over to you on the back. You’re done. You’re out of luck. This is your loophole.
Final Thoughts on Court Order TitlesAnd people hear, “Oh, court order title, I don’t want to do it.” Forget how hard it is. It’s easier than doing Vermont. It’s cheaper than doing Vermont. It’s easier than doing any of the other crazy mental gymnastics things that are out there. Going to other states, do a corporation, do this, do that. Forget about that. This is faster, cheaper, easier. People hear the word court and they get scared. Maybe it’s because you feel like you’re going to get arrested if you got a warrant. Then maybe you’re right. But if you are a legitimate person, got a legitimate car, not stolen, no liens, this is the way to go. It’s faster, cheaper, easier. You can do it all yourself for free. You don’t have to pay anybody for this, right? Of course, we have a title service. If you want assistance with it, we can help you, but this is your way to go.
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New Jersey Vehicle Title Solutions So very often, one of the questions we get is, “Can you do a bonded title in the state of New Jersey?” And the answer is: sort of.
Improper Evidence of Ownership Procedure New Jersey has a process that’s basically the same as a bonded title in other states, but they don’t call it a bonded title. They call it, very curiously, “Improper Evidence of Ownership Procedure.” Kind of a complicated name, right?
No Surety Bond Required Why is it not a bonded title? Well, a bonded title requires that you purchase a surety bond from a bonding agency—just like bonding somebody out of jail. It’s like bonding your car title out of jail. But in New Jersey, you don’t have to buy a surety bond. You save that expense. New Jersey MVC doesn’t require you purchase a surety bond. You still have to go through the other steps that you would in other states that do a surety bond, but you don’t have to buy a bond—so that’s a good thing.
The 12-Step Process It’s a 12-step process:
It gives you all the steps, and it’s a process that you can go through. Fill out the forms, sign them, send out some notices, and once it’s all done, you notice that it says, “Do not mail any of the following steps until the entire process is complete.” That’s an important thing because all the steps have to be done before you send it into the Motor Vehicle Commission. It’s a process that has a little bit of red tape and a bunch of forms with it.
Title Service Options You could do it all yourself for free. We also have a title service where if you want us to do the paperwork and some of the steps for you, we can. But remember that in the state of New Jersey, you have an advantage over a bonded title in most states in that you don’t have to buy the bond.
Court Order Title Option You have another option in New Jersey: you could do a court order title. It’s about the same amount of paperwork. It might be a little slower, but you’re dealing with the court rather than the Motor Vehicle Commission, so there might be an advantage there.
Additional Resources and Consultation If you have questions about your options in the state of New Jersey for getting a title when you don’t have the right paperwork, you can visit cartitles.com. We also have available title consultation. You can book a live one-on-one conversation video call with a certified title agent, and they can:
Help determine the best way to get a title for your vehicle
Go through your particular case
Look up your VIN number
Do research for you
Tell you what your options are
All right, here we go again with this jumping title or skipping title problem. People buy cars and sell cars on Facebook, OfferUp, Craigslist all the time and get a title.
Understanding the TitleYou might get a legal title, right? But you got to remember the title isn’t just about the vehicle. It has somebody’s name on the front and somebody’s name on the back. The front is the current owner; the back is who it’s signed over to. If the vehicle is already signed over on the back to somebody else, they can’t sell it until they get a new title certificate in their name. If they just flip it to somebody else, that’s called jumping title or skipping title.
Legal ImplicationsIn most states, it’s illegal to jump title or skip title. It’s like a form of tax evasion and it makes it almost impossible for you to get an easy title in your name. Just because you have that certificate doesn’t mean it’s usable unless you are the person who’s listed on the back signed over to you. You can’t do anything with that title; it doesn’t mean anything to you now. Don’t try to white it out or cross it out because that’ll just void the whole thing.
SolutionsThere are methods you can use to fix it. You can see our website below. You can do a bonded title, you can do a court order title, and those are solutions. But if you’re buying a vehicle on Craigslist, on Facebook, anywhere online, make sure that before you give anybody any money that you’re getting handed to you a valid title signed directly from the owner directly to you. Nobody in between. Do not pass go, do not collect $200, get it exactly to you.
Verification and PrecautionsMake sure the person on the front of the title verifies their ID to make sure the person you’re dealing with is that person. They’re not scamming somebody else or forging a signature.
If You Face IssuesIf you have found yourself in a position where you did a jump title or skip title, definitely visit our website. We have full instructions for how to fix that problem. You can do it yourself for free. We also have Title Service; we could do it for you and even title consulting to give you more specific instructions. But the most important thing is don’t buy a car without a valid title if you can all avoid it. Make the seller get a new title in their name before they transfer it over to you.
Title Solutions in FloridaSo if you are in the state of Florida and you have a vehicle that has a title problem what do you do? Fortunately for you in the State of Florida you have two very specific processes that are provided for you by the Florida DMV and/or your local County to be able to get a title for a vehicle—a legal title certificate—without having the old title, which is very, very crucial.
Importance of a TitleMany times people buy cars on Craigslist or Facebook or auctions and they don’t get a title. And you go to DMV and you say hey I want to get a title for my car and they basically tell you you can’t get one without the old title. Now remember, a title is a legal government document issued only by a government agency.
Title Acquisition OptionsWhat happens if you don’t have the right paperwork? Well, fortunately, Florida provides you with two different options. One is what’s called a shity bond title and you can see on the screen right now that’s what this process is.
Shity Bond Title ProcessIt’s a system where you sign some affidavits, you swear that you bought the vehicle fair and square, you have to purchase a shity bond from a Bonding Company. It’s normally going to cost you about 100 bucks for a shity bond. If you want to get an exact quote you can go to a website called prob bonds.com. You can select what state, you can select vehicle title shity or vehicle title in the search box and it’ll tell you how much your bond is going to cost.
Bonded Title ConsiderationsOnce you get that, you submit it to the DMV and they issue a title. Now that title’s going to say bonded on it which may or may not be an issue for you if you’re looking to sell it, if you’re looking to trade it in, if you’re looking to finance it. A bonded title also in Florida they do not process bonded titles unless the last title was from Florida. So if you bought a car from Georgia or New York or somewhere else you cannot do a bonded title plus there are year limitations, can’t be too old, can’t be too new so double check all that before you start the Florida bonded process.
Declaratory Judgment ProcessWhat if you can’t do the bonded process or if you don’t want to do the bonded process you have another option in Florida, you can also do what’s called a declaratory judgment and what that entails is you file a petition looks like this in the county court where you reside that says this is an action requesting a declaratory judgment involving the acquisition of a clear title for and then you put in your information.
Legal Procedures and ConsiderationsIt’s a process of filling out some documents every county has a different set of forms this one has happens to be for Palm Beach you have to do an inspection of the VIN number you have to do the complaint for the declaratory judgment and as you can see there’s some Steps step one step two step three and the core is also going to require that you go through this process diligent search for the owner bill of sale you have to pay sales tax you would normally have to do that anyway but at least it gives you a way to get a title without doing this or the bonded you’re not going to have a title bill a sale by itself does not get you a title also don’t fall for any of these fake mechanics leans or out ofate loopholes they’re all going to get um enforced by the state if you try to pull any of these back door fast ones the state is going to shut you down they already uh the State of Florida already did shut down the Vermont loophole that existed for a while as did all the other states so you want to do it the right way these are the ways that the government provides for you to get a title when you don’t have the right paperwork it’s not that hard of a process it’ll probably only take you a couple hours of filling out forms.
Additional AssistanceWe have a title service if you want assistance with doing that you can check out our website cartitles.com also we have consultation so if you’re not sure if you want to do it yourself or you want to get some advice you can actually talk live oneon-one with a certified title agent you’ll see a link on our website for that you can even ask um personal private questions uh oneon-one conversation questions they can be answered by email answered by video recording or be answered live on a video call.
Conclusion and ConfidenceGetting a title is a little bit tricky only because you’re dealing with a government bureaucracy it’s not like dealing with a company that’s trying to help you out and because there’s only one company that does it the Department of Motor Vehicles one agency that does it I should say you can’t go to somebody else if you don’t like the way they do business if you go to the DMV in Florida and want to get a title and it’s too hard you can’t say I’m going to shop around and go to your competitor there are no competitors for the DMV they are the only game in town so you can get some help with that but at the end of the day the title’s going to come from that government agency so you have a couple options you could do the bonded process you could do the declaratory judgment process it’s not as hard as it seems when you hear declaratory judgment in court you might be thinking Jack McCoy Law and Order big court case that’s not what it is it’s an administrative process either way as long as you have a legitimate vehicle it’s not stolen not a salvage not a parts car not a car with a bunch of leans on it you can get a title for it you probably have to jump through a few Hoops you can get help with that if you want but be confident that if you have a legitimate vehicle there’s a way for you to get a title and be able to drive that car or sell it or whatever you’re going to do with it if you have questions reach us on our website cartitles.com.
Issue of Non-Perfected Liens on VehiclesSo what happens if you are a lender on vehicles and your dealer did not get the title listed you as a lien holder? This happens a lot with indirect lenders or direct lenders when you have a car dealership that’s arranging loans on your behalf.
Responsibilities of the Car DealershipAs you know, the car dealership is supposed to take the title, transfer the ownership to the buyer (the borrower), and list you as a lien holder. But what if they didn’t? What if they transferred the property to the buyer but never put you as a lien holder? What if they never even transferred it to the buyer?
Definition of a Non-Perfected LienThat’s what’s called a non-perfected lien or a lien not being perfected on a vehicle. What that means is your lending position has a collateral that’s defective, meaning that you might not be able to repossess the vehicle or, if you do, you might not be able to sell it.
Steps to Fix the IssueHow do you get that fixed? Well, if you still have access to the dealer, obviously you get them to fix it. If the dealer’s out of business, or if they’re out of trust on their floor plan, or there’s some other problem, you may have to take some steps like a bonded title, a court order title, a civil lien. You’ll see the link below give you more information.
Auditing Your PortfolioIf you are a lender, we work with a lot of lenders that have this problem. You want to do an audit on your portfolio on a regular basis to make sure all your liens are perfected against title. If they’re not, you want to take action as soon as you can to get that fixed. The sooner you do it, the better.
Risks of Delaying ActionIf you drag it out longer, sometimes the borrowers can sell the car, sometimes you may not have jurisdiction, you may not have a claim. If the borrower stops making payments, you might not be able to repossess it, so getting that process started early is a good thing.
Getting Help and Further InformationIf you do need more information, you can reach us on our website. We even have title consultation about specific scenarios if you’d like to avail yourself of that. But make sure as a lender you get your lien perfected on that vehicle as soon as possible and verify your portfolios to make sure that you’re in title on the cars that you have a security interest in.
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