A lien on a car title is very common, especially if you financed your vehicle. What does it mean to have a lien on your car title and how do you remove it?
A lien means that someone has a claim on your vehicle. In the case of a car title lien, this person or business is more than likely your lender. When you get an auto loan, your lender (aka your lienholder) will place a lien on your title to signify that the loan has not yet been paid back.
The loan is the money you borrow to pay for the car, the lien is the legal process the lender takes to hold your car’s title as collateral. If you fail to make payments, your lender can repossess your car.
First, you should make sure that the loan has been paid off or otherwise satisfied. It’s illegal to remove or attempt to fraudulently remove a lien if the terms of the loan agreement have not been satisfied.
Once you verify that the loan is satisfied, send a lien release request letter to your lender. To release the lien, your lender must provide a lien release letter on their letterhead or a comparable letter of non-interest. Liens can only be released from DMV records when approval is given by the lender.
Yes! Once your loan is paid off, you will have a clean title in your name. With a clean title, you’re free to sell it, trade it in, etc. If you keep the lienholder’s name on the title, even if the loan is satisfied, the lien will often not be released automatically.
When your loan is paid off, your lienholder should stamp your title as paid and send it off to you to transfer to a clean title. However, most lenders don’t have a lien release department. It’s important to keep up to date on your loan payoff to ensure you submit your request for lien release as soon as your loan is paid off.
If it’s your car, you deserve a clean title in your name.
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An abandoned vehicle is one that the owner has left behind with no intention of returning. If you know where the vehicle came from or who it belongs to, it’s probably not an abandoned vehicle.
In most states, not everyone can file for an abandoned vehicle process. In fact, most states require that you are a licensed automotive repair shop, automotive storage facility, towing company, or another authorized company that deals with vehicles.
The first step is often to verify that the vehicle’s value is within your state’s guidelines to use this process. Many states require the value of the vehicle to be around $5,000 or less. This means, in most states, you can’t use an abandoned vehicle process on a luxury or high-value vehicle. However, it’s important to note that not all states have vehicle value restrictions.
The next step is to submit a DPPA request (Driver’s Privacy Protection Act) to the DMV to obtain owner and lienholder records. The DPPA protects driver information from being used or obtained in an unlawful manner. If you already know the owner of the vehicle, you still have to submit a DPPA request to obtain the official owner and lienholder records.
Unfortunately, the abandoned vehicle process is often fraudulently used. The DMV requires that you use their information because, in the past, scammers have used fake addresses and names to avoid actually contacting the registered owners. When the notice is returned unopened, the scammer now has the legal evidence they need to continue with the process. If they were required to use the official DMV records, the DMV would know that they didn’t contact the actual owner and they are in fact scamming the process.
Most abandoned vehicle affidavits require that you keep the vehicle in its original location. By moving the vehicle after beginning the process, the DMV can’t verify if the vehicle was actually found where you said it was, which will void the entire process.
Abandoned vehicles aren’t automatically finders keepers because most vehicles that are called abandoned aren’t actually abandoned. The abandoned vehicle process is intentionally drawn out to ensure that all of the correct owners have been notified. For example, say you go on vacation and loan your car to a friend for the week. If abandoned vehicles were “finder’s keepers”, this person who is in physical possession of your vehicle could claim your vehicle as abandoned on their property while you’re away and retitle it in their name.
As we mentioned previously, this process is often abused. The state’s first line of defense to protect against these fraudulent applications is to reject all of them that come in. If someone is scamming them, they may get scared off. If it’s not a scam, it’s likely to be resubmitted.
Abandoned vehicles are a common concern, often prompting individuals to seek ways to obtain a title for a vehicle they’ve acquired. However, the term “abandoned” doesn’t necessarily mean a vehicle has magically appeared on your property without explanation. In most cases, people claiming a vehicle is abandoned have acquired it through various means, such as purchasing it on Craigslist, acquiring it from a towing company, or receiving it for sale without a title.
Here, we’ll examine an example from the state of Colorado, using their Department of Revenue’s “Abandonment of Motor Vehicles Private Tow Requirements Checklist” to illustrate why the term “abandoned” doesn’t equate to a straightforward process for obtaining a title.
The outlined process in Colorado demonstrates that abandoned vehicles are not simply finders keepers situations. For civilians without tow operator licenses, the ability to declare a vehicle abandoned and initiate this process is limited. Even when allowed, it involves a complex series of steps and requirements.
Alternative Methods for Obtaining a Title: If you’re seeking a title for a vehicle you’ve acquired, there are alternative methods that don’t involve labeling it as abandoned. Options such as surety bond titles, prior owner contact, magistrate titles, and court order titles provide more controlled and legally sound avenues.
Consulting Title Professionals: For assistance in navigating the complexities of obtaining a title, reaching out to title professionals, whether in the title division or the surety bond division, can provide valuable guidance. They can offer insights into the most suitable methods for your specific situation, helping you secure a legitimate title without resorting to the abandoned vehicle process.
In summary, understanding the limitations and complexities of abandoned vehicle procedures highlights the importance of exploring alternative avenues to secure a title legally and effectively.
Hello, this is Dave, and in this video, we’re going to delve into the intricacies of the unclaimed vehicle titling process. It’s a topic that generates numerous inquiries – approximately 7 to 900 calls a day – and we want to shed light on the process using a specific example from Franklin County in Ohio. While the details are jurisdiction-specific, the fundamental steps are similar across various regions. So, whether you’re dealing with vehicles in Ohio or elsewhere, this guide provides a comprehensive overview of what to expect and whether it’s a process worth pursuing.
Navigating the unclaimed vehicle titling process requires attention to detail, adherence to timelines, and compliance with official procedures. It’s a process frequently sought after, but one that should be approached with caution and transparency.
For more detailed information, including forms and documents for every state, feel free to visit our website at CarTitles.com. We provide resources for a DIY approach, or you can explore our services if you prefer assistance. Remember, while the process can be time-consuming, it offers a legal solution to excess vehicle storage or abandonment issues.
If you have further questions or need guidance, don’t hesitate to reach out. We’re here to help you navigate the complexities of unclaimed vehicle titling.
Why do you see so many Montana license plates all over the country especially on motor homes RVs and sometimes high-end expensive vehicles? Well, the reason why is there are some advantages that people may use through titling and registering a car in the state of Montana that could be advantageous for an owner who may have a full-time RV or maybe has multiple houses and multiple addresses.
The two most common reasons are:
The state of Montana does not charge sales tax on vehicles. So if you have a vehicle that you’re purchasing and you can title it in Montana if it’s legal, you may be able to avoid having to pay sales tax, which you would have to pay if you title it in a different state.
Now you want to ensure you’re following all proper laws and regulations and not doing tax fraud or tax avoidance. But if you legitimately have a multiple-state residency, have a full-time RV, or you have some domicile in Montana, you may be able to title your vehicle in that state and not pay sales tax.
In order to do this, you will have to create a corporation in the state of Montana unless you’re a resident with a Montana license, but that’s not what most people do. Most people are residents of another state or multiple states. They form a corporation in Montana and title the vehicle in that corporate name. So you’ll have some corporation filing fees usually a couple of hundred bucks and you may have to pay a service to be a registered agent in Montana to title the vehicle in that state.
You also have to consider insurance issues because if you get vehicle insurance for a motor vehicle titled in Montana, you’re representing to your insurance company that the vehicle is domiciled in Montana. Also known as the location where the vehicle is garaged. So you want to make sure you’re not misrepresenting your garage location to your insurance company and here’s why. You might think that you could just tell them “Hey it’s in Montana”, but if you have any type of a claim for an accident or damage, whether it’s your fault or not, you may have issues where the insurance company wants to deny your claim because you’ve misrepresented on your application where it’s garaged.
Why do they do this? Well, if they’re giving you an insurance rate based on having your vehicle most of the time driving in Montana, it might be a lower rate because it’s a safer state. But if it turns out, you live in a big city downtown Seattle or downtown Chicago, and the rates would be higher there because of more theft, accidents, and more risk of damage, you might be accidentally unintentionally committing insurance fraud.
So you want to make sure you get good legal advice from an attorney and that you get good insurance advice from your insurance agent before you place insurance on the vehicle in Montana. You may be able to get insurance for your Montana title vehicle and still have a garage address elsewhere, just make sure your scenario matches the proper use of this process.
That’s the reason why there are so many exotic vehicles and high-end vehicles, and expensive motor homes that have Montana license plates on them. Next time you’re driving by an RV resort or an exotic car meet-up, look at the license plate and see how many are Montana. Even if you’re not anywhere near Montana, you may be surprised at how common it really is.
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