Getting a Duplicate Title for a Donated VehicleSo how do you get a lost car title for a vehicle that’s a donation to a charity? Usually, the charity recipient will require a title prior to them taking that donated vehicle.
Obtaining a Duplicate TitleIf it’s a car that’s in your name that you just lost a document, you can get a duplicate from the DMV and then simultaneously assign that duplicate to the charity.
Non-Existent Title and Charity’s IntentAlso, if the title is non-existent, you want to ask: Will the charity be selling the car? If they’re selling the car, they will need a title. If they’re just going to scrap the car, jump the car, they may not need the same depth of title evidence in order to accept the car.
Ensuring Transfer of OwnershipMake sure that if you’re donating a car, your ownership is extinguished. Make sure that the charity changes it into their name or their buyer’s name right away, or you file an affidavit with the DMV to have your ownership ended.
Potential Liability IssuesBecause if not, they could sell that car, and then the buyer can have parking tickets, the car could be towed, or could be involved in an accident, and as long as the title is still in your name, that liability can accrue to you.
Purchasing a Car from a CharityIf you purchased a car from a charity and didn’t get the title or lost it, you may have to go back through the last title owner to find where that duplicate title application can be submitted.
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So what do you do when you have a car that has no title? This is Dave at cartitles.com.
Understanding Car TitlesOh, what do you do? Well, first of all, every car has a title. It’s just that you may not have that document, that piece of paper, in your hand. Even if you do have that piece of paper in your hand, is it your title? Does it have your name printed on the front? Not is it signed over on the back, but does it have your name printed on the front? Until you have a title that has your name printed by the DMV on the front of the title, the vehicle is not titled in your name.
Legal OwnershipMaybe it’s signed over to you but not legally titled in your name. So the first step is to get that paper title from the last person who owned the vehicle. A title has a name on it. It doesn’t matter if it’s yours or somebody else’s. You have to start with that piece of paper. If it’s not in your name, someone else legally owns that car, and you have to get it signed over to you.
Risks of Not Transferring the TitleThere’s a risk in not getting that car signed over to you immediately. If, for some reason, the person who is legally on title goes through bankruptcy, gets a divorce, gets the lawsuit, some creditors may claim that asset and try to collect it back, even if the car is in your possession. Getting that title in your name is very important.
ConclusionSo remember, every car has a title. It just may not be in your hands, in your name, as of yet.
So how do you get a title for a car with just the bill of sale? In many cases, a bill of sale is presumed to be ownership of the vehicle. In fact, a bill of sale is just a record of a particular in the history of that vehicle. It just says that this vehicle somebody signed over party A to party B on that vehicle.
Limitations of a Bill of SaleIt doesn’t prove that party A was the owner if party A wasn’t the owner. It doesn’t prove that party B is the owner. It doesn’t even prove that maybe lender C had a loan on the car. So until there’s a title that’s issued, a bill of sale doesn’t prove anything except for on one particular day in history somebody said I’ll give you this car.
Issues with Unverified OwnershipIf that person was not the legal owner, then that ownership doesn’t pass to the new person. Because think about it, how would you like it if somebody took your car to your driveway and then signed a bill of sale over to somebody else? They’re not the legal owner, so they can’t; they don’t have the right or authority to sign it over.
Moving from Bill of Sale to TitleSo if a bill of sale is the only thing you have, take the next step. Get that changed over into a legal title so you don’t have any question about ownership of the vehicle.
So how do you get a replacement vehicle title in Tennessee? Tennessee as a state goes through the Department of Revenue for all title applications.
Application ProcessYou can actually fill in this online form through their website, print it out, and then send it in person or by mail to get the duplicate title. If you are doing it by mail, you will need to send a copy of your ID for them to verify that you are the legal title owner.
Handling LiensIf there was ever a lien on the vehicle, you want to make sure that that lien holder or that Bank provides you with a lien release so that the DMV knows that that lien is paying off.
Receiving the Duplicate TitleOnce that is all done, you’ll receive a duplicate vehicle title document in the mail. It will reference that it is a duplicate document. The original document then will become void, so if you do find that original later, make sure that you don’t try to use that because somebody who presents that to the Tennessee Department of Revenue will find that it’s void and will be rejected.
So what is involved with a junk car title? Sometimes the vehicle title is marked with some junk designation. It could just say “junk” on it, can say “parts only.” In some cases, it will say “certificate of destruction.” These designations are different from salvage title or repaired title in that a junk title or certificate of destruction normally will mean that the vehicle, it’s like a death certificate; the vehicle is no longer capable of being registered or titled for road use.
Irreversible DesignationsOnce that designation is on the title, it cannot be undone other than some very, very specific scenarios that we may be able to work with you on. But in most cases, it’s designed to be taken apart as a vehicle and not used as a whole car anymore.
If You Purchase a Junk CarIf for some reason you’ve purchased a junked car or certificate of destruction, you want to find out if that was disclosed to you at the time of purchase. If it was not disclosed to you by an auction, you may have some recourse. If you bought it as a private sale, let’s say from Craigslist or Ebay, the recourse may be different through that seller.
Potential Recourse and DisclosureWe’ve worked with many buyers who have purchased certificate of destruction or junk vehicles to find out exactly how that was transferred to you and how it was disclosed. If you knew when you bought it that it was a certificate of destruction and there can be some documentation that that was disclosed, you may not have recourse. But there’s no way to undo that type of title once it is done by this insurance company or by the auction that sells it as junk.
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