How do you recoup your losses if you’ve worked on a vehicle, but the owner hasn’t paid the bill or picked up the car? Maybe you’ve done mechanical work on the vehicle, stored the vehicle, or it was simply left on your property and the owner never came back. Depending on the circumstances of how you acquired the vehicle, there are two options to get the title:
If you are a licensed mechanic or automotive shop, you can use your license to go through the mechanic’s lien process or storage lien process to obtain a title. In some states, the storage lien process is known as a garage keeper’s lien. These processes are similar to each other, often including similar or identical steps. However, the process to use depends on the license of the party filing the lien. Typically these processes include contacting the current owner, sending notices, posting advertisements in the Newspaper, and finally selling the vehicle at auction.
If you do not have an automotive license or storage license, you may choose to use the civil lien process in lieu of a mechanic’s lien or storage lien. Civil liens do not require the individual filing to hold a particular license. Filing a civil lien will result in many of the similar steps to a mechanic’s lien or garage keeper’s lien, but often requires the applicant to appear formally in court or informally at the local county courthouse. Depending on your jurisdiction, the court will specify the steps needed for your filing but courts can NOT legally provide you with legal advice. Before proceeding, you may choose to get legal advice from an automotive attorney or attorney of similar practice. Typically the civil lien process requires research into the registered owner, sending notices, and eventually presenting your case to a judge who will decide whether or not to issue you a new vehicle title in your name. Sometimes this process is also known as a court-ordered title, involuntary vehicle title transfer, or vehicle title by declaratory judgment.
The differences between a mechanic’s lien, a storage lien, and a civil lien rest in the party filing the petition. As a licensed mechanic or storage facility, you have the right to use your license to file a mechanic’s lien or storage lien. As a private citizen, you have the option to file a civil lien instead. However, it’s not guaranteed that any of these processes will work. Mechanic’s lien and civil liens are often abused by petitioners and are very heavily scrutinized by the DMV and other regulatory licensing agencies. If you submit a mechanic’s lien or civil lien packet and it is rejected, review your submission and try again. Oftentimes these are rejected on principle, assuming that if the filing is legitimate, the petitioner will return to re-file.
If you are looking to recoup the losses of a vehicle you’ve worked on or stored, whether you’re a licensed mechanic, storage facility, or private citizen, a lien may help get you the funds you are owed.
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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+
Military vehicles sold at surplus auctions, such as those on GovPlanet, have faced increased scrutiny in various states over the past year. A notable development in this realm comes from Colorado, where the Department of Revenue, akin to the DMV, sent letters to Humvee owners, canceling their vehicle titles and reclassifying them as OHVs (Off-Highway Vehicles).
The root cause of these changes can be traced back to federal government bulletins issued to Department of Motor Vehicles offices across all 50 states over the last 18 months. These bulletins emphasize that certain military vehicles do not meet the standards set by the Department of Transportation (D.O.T) and the Environmental Protection Agency (EPA) for highway use.
In response to federal directives, states like Colorado are taking definitive actions to comply. The Colorado DMV’s move to cancel titles and issue OHV designations reflects a broader trend. The federal government has employed financial leverage, withholding certain highway funds from states that continue to title military vehicles for road use.
For owners of surplus military vehicles, this change has significant implications. The vehicles, initially considered roadworthy, are now being redefined as off-highway vehicles. While some states may allow exemptions for historical purposes, such as parades or museum displays, regular everyday road use is being restricted.
In Colorado, the DMV stated that these vehicles had only held titles for off-highway use, and vehicle owners would receive new OHV titles. This transition is not unique to Colorado, and many states are reviewing their stance on the road legality of surplus military vehicles. The shift from road-legal titles to OHV titles is becoming a standardized practice.
Owners who have purchased surplus vehicles, hoping to utilize them for regular road use, may encounter challenges. Some states have revoked existing titles, while others are rejecting new applications for road use. Even if a vehicle manages to secure a road-use registration, there’s a looming concern that the federal government may exert pressure on states to rescind these permissions in the future.
For individuals eyeing surplus military vehicles for road use, the cautionary tale from various states underscores the need for diligence. It’s crucial not to rely solely on historical precedents or the presence of these vehicles on the road as indicators of road legality. Instead, prospective owners should proactively engage with their local DMV, seeking written confirmation of the status and permissions associated with surplus military vehicles.
The evolving landscape surrounding surplus military vehicles exemplifies the intricate intersection of federal and state regulations. Vehicle owners, dealerships, and enthusiasts alike must stay informed and adapt to the shifting terrain. As the federal government continues to emphasize non-compliance with D.O.T and EPA standards, the road ahead for surplus military vehicles remains uncertain, requiring a cautious and well-informed approach.
As if the automotive industry didn’t have enough challenges with the ongoing supply chain disruptions, a new and unexpected obstacle has emerged—shortages in title paper. An article from The Wall Street Journal sheds light on this overlooked yet critical component affecting not only dealerships but also government agencies involved in vehicle transactions.
The shortage of title paper may seem perplexing at first glance. After all, why can’t titles be printed on standard laser printers or readily available office paper? The answer lies in the unique nature of title documents. Unlike casual printouts, vehicle titles are printed on specialized security documents. These papers possess features akin to those found on currency or other secure documents, including watermarks, hidden security features, and woven color threads. The goal is to prevent forgery and duplication, given that a title is a legal instrument establishing vehicle ownership.
The scarcity of title paper has far-reaching consequences for the automotive industry and individuals involved in vehicle transactions. Here are some key implications:
Dealerships and individuals applying for titles may face delays as the shortage of title paper hampers the ability to print these crucial documents promptly.
The shortage affects not only the sale of new vehicles but also transactions involving used cars. The transfer of ownership or the release of liens may be slowed down due to the delay in obtaining physical titles.
While electronic titles are an option for newer vehicles, certain scenarios necessitate physical title documents. Transactions involving interstate transfers or those requiring the handover of a physical title to a buyer are particularly impacted.
State DMVs (Department of Motor Vehicles) are grappling with the challenge of insufficient title paper. This, in turn, affects their ability to provide timely and essential services related to vehicle ownership.
This unexpected shortage emphasizes that supply chain challenges aren’t limited to tangible components like computer chips or batteries. The shortage of an invisible yet crucial element—title paper—reveals how interconnected and intricate the automotive supply chain truly is.
As the automotive industry continues to grapple with multifaceted supply chain disruptions, stakeholders must adapt to unforeseen challenges. Whether it’s the scarcity of title paper or other hidden hurdles, staying informed and finding innovative solutions are vital to overcoming these obstacles. The impact of the title paper shortage serves as a reminder that the complexities of the supply chain are both seen and unseen, requiring a resilient and adaptable approach from all involved parties.
In a recent turn of events, Pennsylvania has become the center of attention for a massive auto title fraud scheme that has ensnared numerous individuals. The Attorney General’s office has unveiled a complex network of deceit involving 21 businesses, including car dealerships, notary and tag companies, and 30 individuals charged with auto title fraud.
The core of this fraudulent activity revolved around forging documents and employing deceptive methods to acquire titles for vehicles that should not have been eligible for such documentation. The allegations span various fraudulent practices, including:
The consequences of this scheme are dire, with hundreds, if not thousands, of titles now under scrutiny. Some titles may be revoked due to the fraudulent methods employed by the individuals and businesses involved.
This incident underscores the importance of exercising extreme caution when navigating the often complex process of obtaining a vehicle title. Here are some crucial lessons to learn:
Avoid paying anyone to acquire a title for you without understanding the process thoroughly. Sketchy title companies may promise quick results for a fee, but the repercussions can be severe.
If you seek assistance in obtaining a title, ensure you understand the legality of the process. Review all the paperwork being submitted on your behalf and confirm that it adheres to legal requirements.
When a title application is submitted with your name on it, you are ultimately responsible. Even if you are unaware of any fraudulent activities, you may still face legal consequences or, at the very least, have your title revoked.
A vehicle title is a serious government document, and taking shortcuts can have severe consequences. Penalties for perjury are often associated with title applications, emphasizing the importance of accuracy and legality.
In the world of vehicle titles, vigilance is key. Protect yourself from potential scams and legal troubles by ensuring that every step in the title acquisition process is legitimate and transparent. A title is not just a piece of paper; it’s a legal document with far-reaching consequences. Stay informed, stay cautious, and safeguard your interests in all your vehicle transactions.
How do you get a lien release from a closed bank? If you have a car that you’ve paid off a loan, maybe you have the title and lost it or maybe you didn’t get the title from the bank, you’ll need to get a replacement title. However, in many cases, the lien on the vehicle title record will actually prevent that from happening. How do you get the documents needed for a lien release if the bank has gone out of business?
The first step is to verify the lien is actually in the system at the DMV. Sometimes when the lien is paid off the bank will notify the DMV. In this case, you can simply obtain a duplicate title. If it’s in their system, you’ll still need to verify that the bank is actually closed. Just because they’re not at that location anymore, or they don’t answer the phone, it doesn’t mean they’re out of business. It means that they might have moved, maybe they changed names, maybe they were acquired by another bank, or maybe they merged with another bank. If that’s the case, if they moved or changed names or were bought out by another bank or new location, they can provide you with a lien release letter. They won’t be able to give you a new title, but the DMV can issue you a new title if you have the lien release letter from your lender.
What if the bank is completely out of business? In many cases, you can contact the Secretary of State to find out who is the registered agent for that bank. In many cases, the bank will keep its corporation open so that the registered agent can provide lien releases or other documentation on behalf of the bank. You can also get what’s called a letter of non-interest if the merging bank or the registered agent doesn’t have access to your files anymore, they can provide a letter of non-interest. A letter of non-interest means that that bank or that official person for the bank has no interest in the vehicle, which in the eyes of the DMV is just as satisfactory as a lien release letter. If you can’t get any of that and the bank has just disappeared into thin air, you can provide proof of payments for that loan to your local circuit or district court to obtain a court-ordered vehicle title.
Even if the bank is closed, it’s still possible to get your lien released. If your title shows a lien, it’s important to get it removed as soon as it’s paid off. Until the lender is removed from the title, they still have a security interest in your vehicle and a lien title will severely limit your ability to sell or trade in the vehicle. If it’s your vehicle, you deserve a clean title in your name.
Related Article: Car Dealer Went Out Of Business? Here’s How To Get Your Car Title.
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