Was your car title lost or stolen? If so, you may need to obtain a duplicate title to prove ownership of your vehicle. A duplicate title is a document that’s needed when the original title is lost, stolen, damaged, or mutilated. It’s imperative that your vehicle is titled in your name because if your name isn’t on the vehicle title, you don’t own it.
The first step to applying for a duplicate title is determining who was that last titled owner. If it’s your name, you can apply for a duplicate title. If your name was not on the original vehicle title, you will not be able to obtain a duplicate title.
Each of the 50 states will have its own set of fees for duplicate title processes. If you are applying by mail, it’s important to check your state fees prior to submitting your paperwork. Most state DMVs accept checks and money orders, but do not mail cash. Many states offer this process for a very small fee, for example, in Minnesota the duplicate title fee is $7.25, while in Texas the duplicate title fee is a mere $2.00.
Once you’ve located your DMV and have your funds, you can prepare your application for a duplicate or replacement title. Many states, such as Colorado, require that your duplicate or replacement title application be notarized prior to submission, be sure to check with your state regulations prior to submitting your application.
If you’ve recently moved to a new state and need to get a duplicate title, you will need to apply for a duplicate title in the state where the vehicle was last titled. For example, if your vehicle was last titled in Florida but you now live in Georgia, you cannot get a duplicate title from the Georgia DMV. Similarly, if your vehicle title shows a lien, you will first need to get your lien released before you are able to apply for a title.
If you’re the legal owner of a vehicle and simply need to get your lost title replaced, the duplicate title process is likely for you. Be sure to check your state’s fees and document requirements prior to submitting your application to get a title. Click here for more information on this title process and how CarTitles.com can professionally prepare your title documents.
When you’re buying a car from a dealership, should you sign a power of attorney? A power of attorney is a legal document that is designed to grant another individual the authority to sign certain documents on your behalf. In the context of car dealerships, a power of attorney gives the dealership the authority on your behalf to apply for a title, place a lien, and sign any other documents regarding the titling and financing of the particular vehicle.
Signing a power of attorney with a car dealership may actually be beneficial in many instances. In the event that you are buying a car out of state or from a distant dealer, you will likely not be present to sign additional paperwork that may have been missed or to resign documents that may have errors. A power of attorney can allow the dealer to handle all of these details for you. This is especially helpful if you live in an area where there are limited dealerships, and it’s more convenient for you to buy from one far away. However, it’s important to note that this signature gives the dealer power to do anything that needs signing in relation to your vehicle purchase. You’ll want to make sure that you’ve read any documents they present to you thoroughly before signing this document.
While power of attorney shouldn’t be taken lightly, it’s very commonly used by dealerships as a convenience to its customers. By signing a power of attorney with a dealership, they can obtain all of your tag and title documents on your behalf to keep you from having to go to the DMV. They’ll also sign the original title over to you and then process the paperwork so you can drive off and enjoy your new car or truck. For most people, this is simply a matter of convenience, but there are some things that you should take into consideration before signing any documents.
Do they have a good, longstanding reputation with their community? While a brand new car dealership isn’t a red flag by itself, it could be if it’s in combination with other factors. For example, all vehicle dealerships have to be licensed in their state or jurisdiction. If they’re not licensed, or claim licensing to be in progress, do not sign a power of attorney.
If you’re signing a power of attorney, it’s important to know who is behind the dealership with this authority. You can research any business through your Secretary of State’s website, or the Secretary of State’s website in the state where the dealership is located. Most SoS databases will provide business names, addresses, principal names, registered agent names, and annual filings. With this information, you can cross-check the history of the owners and directors.
Most dealerships request that you complete a power of attorney for your and their convenience, but it’s important to know that it is not required. You are not required to sign away power of attorney to a dealership if you do not feel comfortable doing so. If you trust the dealership and would like to have this convenience, then it is up to you to decide if the power of attorney is necessary.
A power of attorney can be a great convenience in certain situations, but it is not required. Before signing a power of attorney, make sure you thoroughly read through the fine print and conditions of the document. If you are concerned about signing a power of attorney, consider getting legal advice before proceeding. The dealership may be asking for power of attorney, but you have the power to approve or deny it.
If all other methods of title recovery fail, you may be required to obtain a court-ordered title. If the vehicle’s title is missing, it’s too new for the Vermont title loophole, is not eligible for a bonded title, or current ownership status does not match the correct owner, obtaining a court-issued title is required for transferring the vehicle. The main purpose of the court-ordered title is to establish ownership rights in a vehicle that is missing a title, or one that doesn’t have a clear chain of ownership.
Getting a court-ordered title for a vehicle is different from getting a regular title through the DMV. The process can vary greatly from state to state and county to county. However, there are similarities across all state’s procedures. Here are the 5 general steps to obtain a court-ordered title:
To get an order for a court-ordered title, you must first file a petition with the court. In some states, this is done in probate court because cars are considered personal property under the jurisdiction of probate law. In other places, you may need to file in small claims court or district court.
The petition should be as thorough as possible, including all available information from your research on who owned the car before you. There is not a standard type of petition or template to follow when filing. Before filing your petition, get legal advice on the proper formatting and contents.
Since the original certificate of title is not available, you’ll need to contact the current registered owner and lienholder of the petition for vehicle title. Driver records are private information that is protected by the DMV under the Driver’s Privacy Protection Act. To obtain this information from the DMV, you’ll need to submit your state’s DPPA request form and state your reasoning for the request. If approved, the DMV will provide you with the registered owner and lienholder information.
Each state will have different timeline requirements for notifying the registered owner and lienholder of the petition for the court-ordered title. Using certified USPS mail, send the registered owner and lienholder an official notice. The registered owner and lienholder will be provided a period of time to come forward to claim the vehicle, typically 30-60 days. After this time period with no response, you may proceed with the next steps of the process.
Once you’ve filed your petition, contacted the registered owner and lienholder, and completed any additional tasks required by the court, schedule a hearing with the judge to review your case. At this hearing the judge will determine the validity of the case and if it warrants a court-ordered title.
If you are granted ownership via a court-ordered title, the final step is to take the court order to the DMV to apply for a new certificate of title. The court order provided by the judge will require the DMV to issue you a new title with your name.
A court-ordered title is a time-consuming method of title recovery, but it is a valid option if all other methods fail. If it’s your car, you deserve a title in your name. CarTitles.com takes the hassle out of applying for a title for your vehicle. Our team of title experts can help prepare your paperwork for any title method provided.
If you’ve paid off your vehicle loan, how do you obtain a new clean title from your lienholder?
When you borrow money to buy a car and use the car as collateral, your creditor places a lien on the vehicle. The lienholder’s name appears on the title along with the owner of the vehicle. If you’ve ever financed a vehicle, you will have a lienholder. The lienholder is listed on your vehicle title as the owner along with your name because they have lent you the money to purchase the vehicle and the debt has not yet been paid back. Once the debt is paid back in full, the lienholder is required to stamp your title as paid and mail it to you.
Unfortunately, not all lienholders are made the same. Frequently, vehicle owners will have to take the title process into their own hands.
The easiest way to release a lien on your vehicle title is to contact the lienholder directly and request that they send you a written lien release. The lienholder is the only authorized agent to release the lien from the title. If the lienholder doesn’t reply within twenty-four hours of your initial request, try contacting them via mail.
Using online sources and your state Secretary of State database, research the lienholder’s primary address along with any additional addresses you may find (principal address, mailing address, other locations, etc.). Using certified USPS mail to the official addresses, send your lienholder your state’s lien release request form along with a letter of non-interest. If your lienholder is no longer interested in pursuing the lien against the vehicle, a letter of non-interest is sufficient from the lienholder in absence of a lien release letter.
Before sending the forms, ensure that your portions are completed and notarized if needed. Sending the forms completed may result in a higher likelihood of a response.
A title holding state means that this particular state requires that the lienholder hold the title until the loan is paid off. Most states in the US are title-holding states. Non-title holding states will send the vehicle title with the owner’s name and lienholder’s name directly to the vehicle owner to hold until the loan is paid off.
There are currently nine non-title holding states. They are:
In order to obtain a clear car title, you must first obtain a lien release or letter of non-interest from your lienholder or lender. The steps above are a general overview, the processes for each state may vary slightly depending on the jurisdiction and the lienholder. When contacting your lienholder for a vehicle lien release, make sure that you are completing the forms correctly. In most states, submission of a fraudulent lien release is considered a felony.
If it’s your car, you deserve a title in your name. CarTitles.com takes the hassle out of applying for a title for your vehicle. Our team of title experts can help prepare your paperwork for any title method provided and assist you in obtaining a vehicle lien release.
Click here to get started on your vehicle lien release process!
Buying a used car is an excellent way to get a great vehicle at a fraction of the price you’d pay for a brand-new model. But when you’re buying directly from an individual, rather than from a dealer, there are extra steps involved in the process.
Here are six tips to help make your search for a used car easier and safer:
Not only is it required to obtain a bill of sale from the seller, but the bill of sale is also the second most important ownership document after the vehicle title. The bill of sale should accurately and explicitly state the vehicle details, the seller’s name, purchase price, the buyer’s name, and the date of the transaction. A bill of sale by itself will not get you a vehicle title, but it is almost always the first step in the process. By not obtaining a bill of sale at the time of purchase, you have no proof that you’ve purchased the vehicle which leaves you with no legal right to ownership.
In many states, a bill of sale can be handwritten or typed as long as it includes specific components. Before obtaining a bill of sale, check with your state’s department of motor vehicles or check out our article How To Write A Bill Of Sale.
The vehicle identification number (VIN) holds all of the details about a vehicle including its year, make, and model, as well as where it was manufactured and the type of engine it contains. The VIN will also tell you if the vehicle has ever been in an accident, stolen, salvaged, flood-damaged, junked, and other valuable information. Before purchasing a vehicle, check the vehicle’s VIN against the NMVTIS database resources. VINs that are entered into the NMVTIS database are considered junk or salvage and not eligible for a title.
The seller may say that everything is in working condition, but don’t just take them at their word. Whether it’s your regular mechanic or a friend in the industry, have an experienced mechanic take a look at the car before purchasing it. Your mechanic will be able to look at the vehicle with an unbiased opinion and alert you to any current or potential future problems. Even if everything checks out, bringing along a professional will help give you the peace of mind you need to know you’re not purchasing a lemon.
This is often where things get difficult. The vehicle title is the most important document regarding vehicle ownership and this original document is required to transfer ownership. The only person who is authorized to sign over a vehicle title is the individual listed as the registered owner on the front of the original certificate of title. The only exception to this is if there is a power of attorney.
If the seller doesn’t have the title ready at the time of purchase, this should be considered a red flag. If the seller is not the individual listed on the title and a power of attorney is not involved, this is also a red flag. If a seller were to sign over a vehicle title to you when they were not authorized to do so, the DMV will not issue you a title and it would trigger an investigation into the vehicle ownership.
Always get the original valid certificate of title at the time of purchase. Make sure that the person signing the certificate of title is the person also listed on the front of the title as the registered owner. If you do not get the title at the time of purchase, it will be up to you to locate the seller afterward to obtain a duplicate title or use a different method of title recovery.
First, for your safety, make sure to bring a friend or family member with you to the transaction. Choose a meeting place that has a security camera and plenty of people around so that you can feel safe during the transaction. The person you bring along with you can serve as a witness to the transaction and help you decide if the vehicle is really right for you. Additionally, they may provide a different perspective that helps you in your evaluation of the vehicle.
Buying a new used car is a really exciting purchase, but it shouldn’t be taken lightly. Before buying a used car, remember that it’s more than just a transaction, it’s a legal transfer of an asset. Make sure that your transaction includes all of the necessary research and documentation so that you can feel confident about your next used car purchase.
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