Major vehicle title issue

[CleverUserName]

Originally Posted by 14Accent
I forgot to mention this part... I'm very sorry to all. This makes it even worse.

She can't find the title she was given when she bought the car. Apparently it got misplaced in a move or something.

This car has, quite literally, no documents. No tags. No registration. Nothing.


Originally Posted by CleverUserName
Your sister sounds like an airhead. She needs someone who is competent and responsible to make decisions for her as it sounds like she is incapable of making them herself.



My initial response was harsh, yes but I would also tell my own sister she was an airhead if she did something like this. All you need to do is go on google and look up how to buy a car legally.

She probably took out a high interest personal loan to buy a car from a random person, probably on craigslist, and didn't follow through with anything...

She bought the car and:

-Didn't get a bill of sale
-Never Registered the car in her name
-Does not have a title, signed or otherwise
-Does not have any way to contact the "owner" or seller

Also I doubt there is any temporary registration as she claims.

Very likely this car is stolen or was sold by someone who didn't have legal ownership.

I also think she knows more than she is telling you. Women have a way of doing this...

If it is stolen, they may be able to trace how/where the check was cashed. You may be able to find out unless it was a western union money transfer or check cashing/payday loan place then she's SOL.

 

[Jarlaxle]

In many places, you DON'T get a bill of sale. I didn't get one for my Sportster or my Crown Vic...the title itself IS the bill of sale.

 

[Win]

What's the point of the gratuitous bashing of this woman? You think she doesn't now know it coulda shoulda been done differently?

I was trained as a lawyer, I didn't know diddly about bonded titles until I had a bunch of open titles stolen for vehicles that I was holding for resale. Maybe she bought an open title car from a low rent car flipper.

No one is born knowing this stuff. Some people are lucky enough to have a teacher or someone to show them things. Some people learn things the hard way. You remember things you learn the hard way. No shame in that. No point in shaming her.

My $0,02 USD.

 

[Leo99]

Originally Posted by BigD1
If that title was notarized, then the notary should have never approved it if the seller name did not match title holder.


That's not the job of a notary. A notary is to ensure the signatures are authentic. They don't provide legal guidance. Hire an attorney for that.

 

[Balrog006]

Originally Posted by Jarlaxle
In many places, you DON'T get a bill of sale. I didn't get one for my Sportster or my Crown Vic...the title itself IS the bill of sale.


What would stop the buyer and seller from printing out a generic one and filling it out as appropriate for a vehicle sale?

I be always done so as simple and cheap insurance to myself as the buyer or seller. As the seller that is your proof of sale if for whatever reason the buyer never registers or titles in their name. As a buyer, it allows you to drive the vehicle home without plates or tags-it's in effect a temporary tag until you register and title in your name.

 

[NothingNew]

Originally Posted by CleverUserName

If it is stolen, they may be able to trace how/where the check was cashed. You may be able to find out unless it was a western union money transfer or check cashing/payday loan place then she's SOL.

Except for:
Originally Posted by 14Accent
She took out a loan, paid cash,

 

[Jarlaxle]

Originally Posted by Balrog006
Originally Posted by Jarlaxle
In many places, you DON'T get a bill of sale. I didn't get one for my Sportster or my Crown Vic...the title itself IS the bill of sale.


What would stop the buyer and seller from printing out a generic one and filling it out as appropriate for a vehicle sale?

I be always done so as simple and cheap insurance to myself as the buyer or seller. As the seller that is your proof of sale if for whatever reason the buyer never registers or titles in their name. As a buyer, it allows you to drive the vehicle home without plates or tags-it's in effect a temporary tag until you register and title in your name.

What?

 

[bmwpowere36m3]

Originally Posted by Jarlaxle
In many places, you DON'T get a bill of sale. I didn't get one for my Sportster or my Crown Vic...the title itself IS the bill of sale.


In CT, for example, you must furnish a BoS when transferring ownership and/or registering your vehicle. It can be pre-printed official form or a hand-written document. All they really want is the seller's information and sale price. However they cross-check that against KBB or NADA since a lot of buyers would put bogus sales prices.

 

[Jarlaxle]

In some states (MA and NH, offhand), that all goes on the back of the title.

 

[eljefino]

It sounds like Person A sold the car to Person B and filled out the back of the title with Person A as seller and B as buyer. To reassign the title to person C (your sister) a dealer or other authority usually needs to get involved. If Person B wrote the bill of sale to person C the title is off in "no mans land" b/c B never put it through in his name.

A DEALER SALE includes clear title as part of the deal, legally. If this fails they are bonded with the state and the state can fix things for you. Not so on private sales.

The title, if she can find the wherewithal to find it, may still help her. She can take it to probate court or similar and petition that ownership be put in her name. She'll probably have to pay sales tax on high blue book retail value.

Without the title, she'd have to get a bonded title, which generally takes three years to become clear, and she'd have to put up something like 150% of the car's blue book value that the state will just sit on in case there's a claim.

A title is "prima facie" proof of ownership. It's a good start, if petitioning an authority with a sob story. If it hasn't been put through to the state it's a "bearer instrument" and very risky since one cannot just go get a duplicate.

I don't have to prove ownership to my insurance company to buy insurance. (I might to cash out a comp claim, I guess.) I do need to prove insurance to register a car so it's a prerequisite step and one they plan for.