Vehicle lease buyouts can turn into unexpected headaches, and a recent incident in Nebraska serves as a stark example. The process should be straightforward: you buy out the lease, pay the required amount, and the title is transferred to you. However, problems often arise when the leasing company fails to promptly handle the title transfer, leaving the vehicle owner in a precarious situation.
When you lease a vehicle, the leasing company is technically the owner, and you are the registrant. The title is in the name of the leasing company, distinguishing this arrangement from financing, where you are listed as the owner with a lien holder. At the end of the lease, if you decide to buy out the vehicle, you pay the lump sum, and the leasing company is supposed to transfer the title to you.
Despite the simplicity of the process, many individuals face issues when leasing companies fail to execute the title transfer promptly. The problem often emerges months or even years later, leaving the vehicle owner without legal title, even though they’ve paid a significant sum for the vehicle.
Leasing companies, whose primary focus is leasing new vehicles and collecting payments, might not prioritize the timely issuance of titles. The failure to transfer titles can stem from a lack of dedicated staff for this task, leading to oversights. It’s essential to recognize that this delay is typically unintentional, with leasing companies not attempting to harm or mislead vehicle owners.
To avoid being caught in a title limbo, there are proactive steps vehicle owners can take:
Leasing companies generally want to assist you in obtaining the title, but the process might not be seamless. By taking proactive steps and being persistent in your communications, you can significantly reduce the risk of facing title-related challenges down the road. Avoid finding yourself in a situation where you’ve paid off a lease, but the absence of a clear title path becomes a significant problem. Secure the title for the vehicle you rightfully own, making the ownership transition smooth and hassle-free.
When getting your new vehicle titled in your name, you may need to contact the prior owner before transferring the title. However, if you don’t already know the prior owner, it can be more difficult to obtain this information. You will have to have a valid reason to contact the previous owner as per regulations set forth by the Driver’s Privacy Protection Act (DPPA).
The Driver’s Privacy Protection Act (DPPA) is a federal statute that protects driver information from being public records. According to the DPPA, to obtain personal driving information, an individual or organization must submit an official form to the state DMV requesting specific information. To obtain information protected by the DPPA, you must disclose your reasoning in your official request. Just because the DMV receives your official request form doesn’t mean they will give out the information. The information you obtain from the DPPA request can help you locate the prior owner and will assist in the title or removal process. Not all states allow for this information to be requested. Arkansas and Wyoming do not allow for DPPA information to be provided about other individuals, in these states you can only request your own driving and vehicle records.
The main reason for driver information being kept private is to keep vehicle owners safe from abusive drivers on the road. The beginning of the DPPA was sparked by the 1989 murder of actress Rebecca Schaeffer. In 1989, a man named Robert Bardo obtained the address of 21-year-old actress Rebecca Schaeffer through the California DMV. He then used this information to stalk her and ultimately took her life. Sadly, this is one of many cases that lead to the enactment of the DPPA.
In order to request the prior owner information from the DMV, you must first have a legally valid reason to obtain such information.
Every state, aside from Arkansas and Wyoming, has a DPPA request form to formally request private driver information. To request this information, locate your state’s DPPA request form, ensure you have a valid reason to obtain the information and submit it to your state’s DMV agency. Keep in mind that these processes take longer to validate and process so it may take a month or more to obtain the protected information.
The ability to obtain information protected by the DPPA is a powerful tool, but also one that should be taken seriously. Those who are authorized to obtain this information on behalf of vehicle owners are obligated to abide by the DPPA regulations and to keep private information safe. If you need to obtain prior owner information, submitting your state’s DPPA request form is the first step. For assistance finding and contacting the prior owner of your vehicle, click here to learn how CarTitles.com can do it for you!
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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!
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Order Vermont Title LoopholeOrder Deceased Owner Title TransferOrder Bonded Title ProcessOrder Abandoned Vehicle ProcessOrder Prior Owner ContactOrder Lien Release Request LetterPGlmcmFtZSBzcmM9Imh0dHBzOi8vYXBwLmFjdWl0eXNjaGVkdWxpbmcuY29tL3NjaGVkdWxlLnBocD9vd25lcj0xOTQ4ODEyNiZhcHBvaW50bWVudFR5cGU9MjMwNjY0MTAiIHRpdGxlPSJTY2hlZHVsZSBBcHBvaW50bWVudCIgd2lkdGg9IjEwMCUiIGhlaWdodD0iODAwIiBmcmFtZUJvcmRlcj0iMCI+PC9pZnJhbWU+PHNjcmlwdCBzcmM9Imh0dHBzOi8vZW1iZWQuYWN1aXR5c2NoZWR1bGluZy5jb20vanMvZW1iZWQuanMiIHR5cGU9InRleHQvamF2YXNjcmlwdCI+PC9zY3JpcHQ+
The bonded title process is an extremely valuable alternative to traditional vehicle titling that can be used in most states. If you are looking to title your vehicle, but find that you are missing the prior title or other evidence of ownership, you may be able to obtain a vehicle title using the bonded title process. In a bonded title process, the applicant is required to obtain a title bond for the vehicle. How does the bonded title process work and where do you get a title bond?
A bonded title is an alternative method of title recovery that required the issuance of a title bond to secure the vehicle title. A bonded title is typically required when the owner of a vehicle does not have sufficient evidence of ownership needed to apply for a new title. Once a bonded title is issued, the title will be stamped BONDED in big letters. However, this is not a permanent title brand. This bonded title brand typically only lasts 3-5 years depending on your state. Once the 3-5 year time period has passed, you can apply for a clean title as long as there are no other clouds on the current title.
A title bond, also known as a motor vehicle title bond, is a type of surety bond that is issued as an insurance policy to secure the claim of vehicle ownership. The DMV in your state will require a title bond to be issued because essentially they are taking your word as the owner and to prevent their liability in the event of ownership discrepancy being discovered after the title is issued.
Each state will have different requirements for the value of your title bond. Many states require the bond value to be 1.5x the value of the vehicle. However, that’s not to say that if your vehicle is worth $10,000 that you have to pay $15,000 to get your title. When purchasing a title bond, you will only be required to pay a portion of the value to secure the bond. Typically, a bond will cost about $100-$150 for most moderately valued vehicles. You won’t be required to pay the full cost of the bond unless there is an ownership discrepancy found after the bonded title is issued. Title bonds can be purchased from any licensed bonding company or insurance company.
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Rhode Island, Tennessee, Texas, Utah, Vermont, Washington, Wisconsin, and Wyoming.
Delaware, Hawaii, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Virginia, and West Virginia.
If you live in one of these states, but would still like to pursue a bonded title process, you may be eligible to obtain an out-of-state bonded title from Vermont. You do not have to be a resident of Vermont to qualify, but the vehicle has to be at least 15 years old or older. Before pursuing this option, make sure that your state will accept this title as evidence of ownership for transfer.
In states that accept the bonded title process, make sure that your vehicle qualifies. Many states, although they accept the process, will have certain requirements such as the vehicle must be over a certain model year. In addition, make sure you are purchasing the correct value of the bond. Title bonds are NOT refundable and should only be purchased if eligibility is met for a bonded title.
Remember, the bonded title process isn’t as streamlined as the traditional title transfer process. Check your state’s process to make sure you have all of the correct paperwork, inspections, and documentation completed prior to your application.
A vehicle history report isn’t required for a bonded title or a title bond, but is a good idea to do before starting the process, especially if you’ve recently purchased the vehicle. A vehicle history report through one of the NMVTIS-approved providers can tell you if your vehicle has been branded as salvage, has an accident history, has ever been reported stolen, sold at auction, etc. This is important because if a vehicle has ever been branded salvage, junk, parts-only, nonrepairable, or any other permanent title brand, they are NOT eligible for a bonded title or any vehicle title other than the current brand.
When submitting your application, you may be required to pay sales tax and a fee for your state title application. Review your state’s fees prior to submission to ensure all applicable fees and taxes are paid on time.
Having a title brand may seem less than ideal, but a bonded title brand is nothing to be concerned about. Important documents are lost and damaged all of the time, it’s not uncommon for this to also happen to a vehicle title.
The manufacturer’s statement of origin (MSO), also known as the manufacturer’s certificate of origin (MCO) is the original document from the manufacturer that states the VIN and other vehicle specifications. You can think of the MSO as the vehicle’s “birth certificate”.
The MSO will identify the vehicle’s model year, color, optional equipment, and other important information about your car. It also includes an odometer statement that shows mileage at the time of shipment from the factory to the dealer (or first retail buyer).
The MSO and the certificate of title are not the same documents. Think of the MSO as the birth certificate of the vehicle. The MSO is issued first before a title is issued to the retail buyer. The certificate of title is issued to the owner when ownership is applied for through the DMV.
When you buy a new vehicle, the dealer is supposed to give you the MSO. If you didn’t receive the MSO from the dealer, or it’s been lost, contact the dealer to reissue the document.
If you are applying for a new title using your MSO as proof of ownership, the application process is typically straightforward since you are the first-ever owner of this vehicle. To get a title for a new vehicle using your MSO, apply using your state’s title application and present your MSO as proof of ownership along with the proper identification, fees, and additional required documents. Depending on your state and vehicle, additional steps may be required by your state’s DMV agency.
For as little as $329 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!
What happens when the buyer of your car doesn’t transfer the title? This is a common scenario that carries a handful of risks. In this article, we’ll explain the risks for both seller and buyer when the car title isn’t transferred immediately after purchase.
When you sell a car, you assume that you are no longer liable for the car because it is no longer in your possession. However, this is not true. The title record of the car is not officially transferred to the buyer’s name until the title is transferred through your state’s DMV agency.
The title record is associated with you, as the seller and owner, by the vehicle’s VIN. If the car is involved with a traffic infraction, parking ticket, accident, or any other type of liability and the car title isn’t transferred to the new buyer’s name, you are still considered liable for the consequences.
While you can’t force the buyer to transfer the car title in a timely manner, there are steps you can take to prevent continuous liability for the vehicle. Within 30 days of the sale, notify your state’s DMV agency. Each state has a method to disclaim ownership of a vehicle you’ve sold, for example, see Texas’s Motor Vehicle Transfer Notification form. Completing this form, either online, by mail, or in person, will help avoid liability for civil and criminal acts associated with the vehicle.
As the buyer of the car, it’s crucial to transfer the car title into your name as soon as possible. Until your name is on the title, you are not the legal owner of the vehicle.
By holding onto the title for an extended amount of time, the probability of the title certificate being lost or misplaced increases substantially. If you lose the title before you can transfer it into your name, you’ll either have to have the prior owner obtain a duplicate title for you, or you’ll have to pursue another form of title recovery. This may sound easy, but oftentimes sellers are very unlikely to assist after the transaction has been completed.
If the seller is going through a divorce, bankruptcy, or a creditor has a claim against them, the creditor is going to look for high-value assets such as vehicles and real estate. If the vehicle comes back as still listed in the seller’s name, the creditor can legally claim your vehicle to repay the seller’s debts.
If there’s a situation where the car has to be towed or impounded, without your name on the certificate of title, you cannot prove your ownership and likely won’t be able to recover the car. In any situation where you’re required to show proof of ownership for the car, you are only considered the owner if the title has been officially transferred to your name. Simply showing a car title with someone else’s name on it, but signed over to you is not valid proof of ownership.
The main takeaway here is that when you purchase a vehicle, you need to complete the transfer of the car title. If you sold a car and the buyer still hasn’t transferred the title, you should notify your state’s DMV agency to avoid future risks and liabilities.
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