Consumer Protection on Car TitlesSo if you’re a consumer looking to get a replacement for your lost car title there’s some things you can be aware of that’ll protect you from getting the wrong paperwork or creating damage or creating some type of problem with your vehicle title.
Verify the Legitimacy of the Title AgentFirst of all, consumer protection on car titles is something that is often overlooked but gets a lot of people into trouble with getting the wrong kind of title or paying for something that you don’t need to pay money for. The first thing is make sure that whoever is getting your title as either the DMV yourself directly or that it’s a licensed title and registration firm. Most states require a license for this type of company to operate.
Ensure Legality of the ProcessSecond of all, make sure that the process being used is legal. In many cases, there’s a process used to get your title that is used by a third party company just because it’s easier or cheaper but it might not be legal. Things like mechanic’s liens or other types of washing titles. Also make sure you’re not signing your vehicle over to that company because while you do that they actually own that vehicle anything can happen while the ownership is out of your hands.
Explore DIY OptionsMake sure that if you’re using a third party that it’s not something you can do yourself. For example, if you have a vehicle that’s 15 years old or older you can use the Vermont registration title process to get a title for your car and then transfer it into your state. In addition, if it’s newer than that you can contact the prior owner and they can get you a title which then can be signed over to you or you can even do a loss title transfer ownership simultaneous process in most states.
ConclusionSo make sure that you’re protecting yourself as a consumer when you’re getting a replacement vehicle title for your car.
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How to Obtain Prior Owner Information LegallySo how can you look up the prior owner of a vehicle? The title information, if you need to track them down to get a title for it or to get some paperwork sign, access to that information is very carefully controlled under a federal law called the DPPA, the Driver’s Privacy Protection Act. There are serious penalties for the misuse of that information, so you have to be very careful how you obtain it.
Permissible Uses Under the DPPAThere are certain permissible use options to get that information about a prior owner. Things like manufacturers sending out recall notices, an insurance company getting information on a car that crashed into their insured. Even for people who are allowed to get it, it’s only for that purpose. An insurance company, for example, can’t use it for marketing. Licensed private investigators are allowed to access this information for particular purposes.
Legal Acquisition of InformationSo if you need to get that information, make sure that if you obtain it somehow, it’s obtained legally. Because a third party like yourself may also be liable if you hire somebody improperly to get the information or if you misrepresent why you’re getting it.
Purpose of the DPPAWhy is the DPPA put in place? Well, it’s a privacy thing. So if, let’s say, you’re driving down the street and somebody doesn’t like the way you drive and they want to come knock on your door and yell at you, they can’t find out where you live by just getting your license plate number or even the VIN number off your car. They have to have a good reason to do that, and this protects you as well as everybody else.
Legal PrecautionsThere’s legal ways to do so. Make sure if you need to get that information that you get credentials and a waiver of liability from whoever is getting that for you so you don’t find yourself answering questions about why you broke a federal law obtaining private information.
Replacing a Lost Car TitleSo how do you get a lost car title replaced if the car is not in your name?
Transferring Title and Issuing a New OneWell, in that case, there’s going to be two steps. One step is transferring it to your name, and the other step is getting a title. Sometimes this process can be done simultaneously.
Simultaneous Transfer and Title IssuanceSome states have a form that can simultaneously transfer the vehicle and issue a new title. One good example of that is in the state of Vermont. If the vehicle is 15 years old or older, you can use their form, I think it’s VT 95, to transfer the vehicle and also get a new title or registration title based on just having a bill of sale. If it’s newer than that, you may need to have the prior owner sign the power of attorney to do this transaction.
Obstacles of a Bonded TitleBe aware that other options, such as a bonded title, have some obstacles. A bonded title requires that a bonding company issues you a policy guaranteeing that if there’s any problems with the title, that they pay it off. When that’s the case, they’re gonna verify a lot of details, which if you had all that verification, you could probably get a title on your own through DMV anyways.
Sales Taxes and TransferIn any case where you’re doing a transfer, there may be some sales taxes due if there’s not been sales tax paid on that vehicle as part of that transfer, and it is triggered by the transfer. You might have to pay that. But keep in mind all of these methods you can do yourself without having to pay a third party.
Obtaining a Replacement Title: A Step-by-Step GuideSo how can you get a free replacement title for your vehicle if you’ve lost it? Well, first of all, start with the premise that it fits your car. You deserve a title if you’re the legal owner.
Understanding the ProcessYou deserve to have a title for that vehicle. Most states only charge about five dollars for a lost title. The question is: can you get qualified to have a lost title issued to you? That’s really going to be the question.
The Importance of OwnershipIf you want the name transferred, that’s okay too. But you have to start with the premise that it’s your car. You deserve a title, and a title really only costs five dollars from a state most times.
Beware of Excessive ChargesAdditional money is paid out of ignorance or lack of knowledge about the process to get the title. You’re paying some company or some person to do work for you that you could do yourself if you just knew about it.
Knowing the FeesLook at the actual DMV fee for the title that you’re getting. Why would you pay more than that? The DMV fee is twelve dollars, and you’re paying two or three or four hundred dollars. What is that money for?
Assessing Reasonable CostsIt’s for somebody who just knows about something you could probably look up on the internet. If you need help, it’s okay, but make sure it’s a reasonable amount. Anything more than about a hundred dollars should be a red flag that there might be other things wrong with that transaction.
Risks of Third-Party InvolvementSome of the outside companies that get titles require that you transfer the car to them. They get a title in their name, and then they transfer it back to you. That’s a huge risk. Anything can happen, and you could lose your car altogether.
Avoiding False StatementsYou also want to make sure that the process is not loaded with false statements. When you’re signing a title application, you’re signing saying that everything is true. And if you’re having somebody else do it, you don’t know if they’re using a process that has false statements.
Ensuring Legal ComplianceJust because it’s easier for them to do and doesn’t cost as much money rather than looking out for your best interests. You want to make sure you’re not helping somebody jump title on a car where you’re jumping from one owner to another without documenting that ownership and trying to evade sales taxes.
Beware of Unintended ConsequencesOnce you sign that form, you’re liable for everything else that happened behind the scenes. Just using it, some out-of-state loophole in some other state might technically be legal, but it might create some other improper representations.
Final ChecksIf you’re putting an address for a state or if you’re presenting a title to state from outside your jurisdiction and might be representing that you move there or the car was in the other state. And if those things are true, it could put the titles of the car at risk, the ownership at risk, and other products at risk.
Conclusion: Stay InformedSo, if you’re paying any more than a few dollars to get a title, look at what that money is for and what somebody’s doing behind the scenes to get your title to make sure it’s legal and you’re not going to get in trouble later.
So what happens when you purchase a vehicle from Copart and you don’t get a title or you lose the title?
Insurance Company’s Title IssueReplacing a title for a Copart auction purchase has some complications. Typically, the insurance company that sold the car through Copart didn’t have the title in their name. This is a car that was crashed or damaged and was insured by, let’s say, Geico or Progressive or some insurance company, and they totaled it and sent it to Copart to sell. Copart never titles the car in their name. The insurance company usually doesn’t title in their name. So the last legal title is still in the name of the owner who had the car that crashed it.
Owner’s Inaccessibility and ComplicationsThis creates a complication if you need to get a duplicate because neither Copart nor the insurance company can get a duplicate from the DMV. Only that last title owner can do that. That person may not have had the vehicle for months, sometimes more than a year, by the time the car goes through the claims adjusting process, gets sent to auction, is appraised, and sold in the whole nine yards. So this is a person who hasn’t had any contact with this vehicle for close to a year and is now being asked to get a duplicate that could be complicated.
Lien Holder’s InvolvementWhat makes it worse, in most cases, these vehicles have a lien on it. They were under a car loan or an auto lease. So the lien holder will also need to sign off because at some point they just sent the title to the insurance company. They never closed it out with the DMV. These create complications.
Seeking SolutionsNow the first place to check for a duplicate is Copart to make sure that they didn’t retain it. Maybe they have another copy of it, maybe they have a power of attorney that they can use to get another copy. Failing that, the process is more complicated. You may need to deal with a title agent. Sometimes you need to get a private investigator or even a court order to get a title if Copart can’t get you one or if the prior owner is not easily accessible to be able to get that title for you.
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