Sometimes situations arise when there are two names on a title and one name needs to be removed. Often, it requires the other person’s permission; in other situations it simply requires the title to be taken to the Department of Motor Vehicles. It is possible to get this name removed, but there are a number of steps that must be taken.
Take a look at the title. If the title says your name and then “AND/OR” the other person’s name, you can title it yourself without the other person’s permission or signature. If it simply says “AND” the other person’s name, you will have to have his or her permission.
Contact the person whose name you wish to remove from the title. Ask for permission to remove his or her name. The person must agree to have the name removed.
Send the title in the mail to the person whose name you are removing. He or she must sign the back of the title over to you and mail it back to you.
Go to your local Department of Motor Vehicles. Explain that you need the title put in only your name and that you have it signed over. You will need to get a new title with only your name on it as well as new tags.
Things You’ll Need
Since 2007, Emilia Lamberto has been a professional writer specializing in home and garden, beauty, interior decorating and personal relationships. Her work has appeared in various online publications. Lamberto owns two blogs, one which provides readers with freelance job opportunities and one which covers beauty advice and product reviews.
There are many reasons one may want or need to remove a name from a title, such as a divorce, death, inheritance, selling a personal vehicle or giving the vehicle to someone else, to name just a few. This is also known as transferring the Title. Continue below to find the steps to removing a name from a car title.
NOTE : This process may be different depending on the state you reside in, as each state has dissimilar rules governing titles and transfers; Therefore, be sure to check with your state’s Department of Motor Vehicles (DMV) for their requirements, plus any documents you may need. They will also tell you if this process requires notarizing documents and if all parties must be physically present at the DMV to finalize this request, or if this transaction can be achieved through the mail.
What You May Need:
- If you are removing a name due to a death, you will most likely need a death certificate for verification.
- If it is because of an inheritance, you may need to present the Will as proof.
- If for divorce, you will need settlement papers.
To Begin The Process:
- The person who is requesting the name removal needs to fill out the section of the title which reads: CAR SELLER .
- The name that stays on the title is thus known as the BUYER .
- In addition, check to see if there is a lienholder listed (the entity who owns the vehicle until all payments have been made) as if there is, the person who remains on the title (The Buyer) will be responsible for making the payments on the vehicle.
- In some states, you cannot alter a title at all if the vehicle has a lienholder. The vehicle must be paid off in full first.
- Check to see if you need permission from the other party listed.
- If you and another person are listed as AND/OR , this gives you the right to alter the title without the other parties’ permission.
- However, if it states just AND , then you must obtain permission from the other party listed to remove them.
- If a signature is needed from the other party listed on the title, have them sign the back signifying they agree with the revision.
- If they are out of state, you can mail the title and have them send it back to you after they have signed it.
- If required in your state, take the title to the DMV and inform them that you want to be the only person listed on the title and you have signed it over. (Sounds weird but this is the correct terminology).
- If you have everything in order, the DMV agent will order you a new title with just your name and will also issue your new tags.
Removing Your Name:
If you want to remove YOUR name from the title, you must sign the back where instructed, to sign it over to the other party listed.
**Do not worry, because the DMV agents will walk you through the entire process!
My partner and I have this car and both names are on the title. The car is paid off to the dealer, but right before it was paid off my partner got in trouble and had to do 6 months in prison. The court put a lien on the car for fees he owes the court. I understand it cannot be sold until he pays these fees off. I ended my relationship with him 3 years ago and I kept the vehicle.
I have been able to renew my tags in the past. When I went to renew the tags on Friday, Motor Vehicles told me I couldn’t renew the tags because my partner bought a car and it was impounded and he was being charged $500 for abandon fees. He does not have a license because it was suspended so he can’t get his car out.
My question is: is there anything I can do to have his name removed so I can get my tags? They will expire at the end of June. Can I talk to Motor Vehicles and ask them, or can I maybe talk to a judge and see if he can order it to be removed? I asked him to pay the $500 fee and he said no. I can’t force him to pay it and I don’t have the money to pay it off. Or am I just screwed? Please help me with this mess.
3 Answers 3
If his name is on the title, he (shared) owns the car. You cannot one-sided remove him from that, he needs to agree.
If he agrees, you both together (current owners) can sell the car to you alone (future owner), and you get a new title with only you. There is probably a short-cut to that, like a quit-deed, but certainly not without his agreement (or a court order).
You can always march down to the finance company, hand them a check, and boom the car is paid off as far as the finance company is concerned. That may have already happened. Until it does, the finance company has a lien on the car.
Now, the government also has a lien on the car. There are many ways to sell a car; some of them are managed by competent financiers who know how to settle liens on the car, because they buy cars that still have loans. Of course those people give you less money than a private sale on Craiglist. Suppose the car sells for $3000 and the liens are $1000. That means you get a check for $2000 instead of $3000. This will happen automagically if you trade-in the car on a newer car, but as said, you get less and pay more than a private sale. The dealer will do whatever it takes to get you out of that car and put you in another car in a way that’s compatible with your cash flow, and he charges you for that indirectly.
You will need his consent to sell the car because you are two unaffiliated people who bought a car together. Unfortunately, you didn’t go from “married” to “divorced”, so the usual legal protections will not operate here. Don’t do it again!
A carвЂ™s certificate of title is proof of who has legal ownership of the vehicle. Every vehicle on the road has a title. If there is a change in ownership for any reason, you will have to change or remove a name from the title. It could be due to:
- A divorce, in which one party needs be be removed from the carвЂ™s title
- A death, in which the deceasedвЂ™s name must be removed from the title when it is transferred
- A gift, in which the vehicle is being given to a friend or family member and the previous ownerвЂ™s name needs to be removed from the title
- A sale, in which a person has paid to obtain ownership of the vehicle and the previous ownerвЂ™s name needs to be removed from the title
There are varying procedures for removing a name from the title of a car. In some states, it can simply be done with the authorization of the person whose name is to be removed from the title. In other states, the process is more involved.
Part 1 of 3: Determining the correct procedure
Step 1: Get consent. You will need the consent of the person whose name is to be removed from the title.
If your name is the one to be removed from the title, the process will be easy. If the name to be removed is someone elseвЂ™s, confirm that they consent to having their name removed.
If there is more than one name on the title, check the verbiage to determine your course of action. If the title says вЂњand/orвЂќ or вЂњorвЂќ in the name field, you can remove one name from the title with just that one personвЂ™s consent. If the title states only the word вЂњandвЂќ, then both parties must be in agreement for one or both of the names to be removed from the title.
Step 2: Confirm the requirements. Check with the local DMV for the requirements to remove a name from a car title.
Use your stateвЂ™s online DMV resource to determine if an application must be submitted to remove a name from the title.
In some states, a name can be simply removed. In other states, the process is the same as selling a vehicle to a third party. You may also need to complete an affidavit regarding the purpose of the name removal from the title.
Part 2 of 3: Completing the paperwork required
Step 1: Obtain written consent. Once consent is confirmed, obtain it in writing from the party whose name is being removed from the title.
If there is a consent form at your DMV, print it out and fully complete it.
Step 2: Obtain proof of death if needed. If the owner of the vehicle is deceased, you will need to present proof of his or her death along with an affidavit or certified letter from the trustee of the estate.
Step 3: Include any other necessary documentation. Attach any required documentation such as proof of identification and the current title.
You may need to have copies certified as true copies by a notary public.
Be prepared with the driverвЂ™s licenses of both parties involved, the current mileage on the car, and the insurance documents.
- Tip: Once a name has been removed from the title, you may need to have the insurance changed to read the same as the title.
Part 3 of 3: Attending the DMV
Step 1: Attend your local DMV branch with the paperwork. You may also submit the necessary paperwork by mail.
Check with your DMV to confirm the right process for your state. You may be required to turn in the license plates as well.
Step 2: Pay any necessary fees. Pay the required fee for a revised or new title.
A new title will then be issued with the name change completed. New license plates may be issued as well under the name of the person on the title.
Once you are aware of the particular requirements of your state, removing a name from a car title is a pretty simple matter. As long you are prepared with the necessary paperwork, your car title can be updated in no time!
Vehicles that must have a Certificate of Title in New Mexico generally include passenger vehicles, trucks, motorcycles, recreational vehicles, motor homes, buses, manufactured or mobile homes, trailers and off-highway vehicles, such as ATVs or snowmobiles. The Certificate of Title serves as proof of ownership and only one title is allowed to be issued and in existence at any one time for the same vehicle.
If you have only a Certificate of Title for your vehicle, you cannot drive the vehicle until it is registered, plated, and insured.
If your vehicle is from out-of-state, you will have to take the vehicle to the MVD so they can conduct a VIN inspection, or you will have to get a VIN inspection conducted by a Certified VIN Inspector.
If your vehicle is currently titled in another state and there is a lien on it, the MVD must order the vehicle title from the lien holder. You will need to provide the MVD with the name and address of the lien holder.
The MVD titling system automatically checks vehicle information for matches through the FBI’s National Crime Information Center (NCIC). Data in the NCIC is provided by the FBI, federal, state, local and foreign criminal justice agencies, and authorized courts. The NCIC check can determine if the vehicle has been stolen or is wanted in conjunction with any criminal activity. The NCIC check must come back as ‘no record’ or ‘clear’ for MVD to proceed with titling the vehicle.
New Mexico is a ‘Vehicle Plate to Owner’ state. If the vehicle is sold, traded-in or given as a gift, the vehicle owner is responsible for removing the license plate from the vehicle. Within 30 days of the transaction, the vehicle owner shall take the plate to MVD to have it destroyed, or apply to have the plate assigned to another vehicle of the same class.
Motor Vehicle Excise Tax (MVET)
The Motor Vehicle Excise Tax applies to the sale of every motor vehicle that must be registered in the State of New Mexico. We presume that every time a vehicle is titled, a sale has occurred and the motor vehicle excise tax is due.
The tax is 4% of the price paid for the vehicle less any trade-in credit. For non-dealer sales, however, the N.A.D.A. value is used if the declared purchase price of the vehicle is lower than 80% of the N.A.D.A. average trade-in or wholesale value.
If a vehicle is legitimately transferred by gift, there is no sale, and no excise tax is due. Any applicant for a vehicle title who claims that the vehicle was received by gift must submit a notarized Affidavit of Gift of Motor Vehicle or Boat (MVD-10018) in which both donor and recipient affirm under oath and under penalty of perjury that the vehicle was in fact transferred as a gift.
Payment is due at the time the buyer applies for a certificate of title. When you purchase a vehicle through a dealer, the dealer may handle the application for you and collect the tax. Otherwise, you must pay the tax to the New Mexico Motor Vehicle Division (MVD) or one of its agents when you apply for a title.
Motor Vehicle Excise Tax (MVET)
A penalty of 50% of the Motor Vehicle Excise Tax is imposed on any person who lives in New Mexico and either:
- accepts transfer of a vehicle in New Mexico but fails to apply for a certificate of title within 90 days or
- accepts transfer outside the state and fails to apply for a certificate of title within 90 days of bringing the vehicle into New Mexico
The 50% add-on penalty has the effect of increasing the tax rate to 6% (4% x 1.5 = 6%).
Twenty-five percent of the tax goes to the Local Governments Road Fund. The remainder goes to the Highway Infrastructure Fund
Note-If a vehicle is acquired out-of-state, and another state’s gross receipts, sales, compensating, or similar tax was paid, the amount of the tax paid may be credited against the MVET due on the same vehicle.
Transferring Vehicle Ownership
If you need to transfer vehicle ownership you may do so only at a motor vehicle agency this type of transaction cannot be handled through the mail. To ensure the proper transfer of documents and to avoid penalties, please follow these guidelines.
If you sold or bought a vehicle
The Seller must:
- Remove the plates and surrender them to a motor vehicle agency or full service agency, unless the plates are being transferred to another vehicle (plates can be transferred to another vehicle, but not to another owner).
- Sign in the seller’s section of the reverse side of the title and give it to the buyer, along with a bill of sale including the following information:
- Buyer’s name and address;
- Date of sale;
- Mileage odometer reading (see below); and
- Sale price.
- Sign in the buyer’s section on the reverse side of the title and insert their driver’s license or Entity Identification Number(EIN-formerly Corpcode).
- Visit a motor vehicle agency to transfer the title, complete the Vehicle Registration Application (Form BA-49) if applicable, and receive the license plates.
- What to bring to the agency if you need to title and register a vehicle that was:
Transfer of title upon death of owner
A vehicle registered in the name of a decedent may be operated for 30 days after the date of death.В All documents must be brought to a motor vehicle agency or full service agency to complete the transaction.В
If the title is in both the husband and wife’s name:
- Submit the old title, a copy of the death certificate and a notarized Affidavit (Form BA-62)
- The $60 title fee will apply (the existing registration can be transferred for an additional $4.50).В If the vehicle was left in a will:
- Submit the old title properly assigned by the executor of the estate and a Surrogate’s Short Certificate
- Pay the $60 title fee (the existing registration can be transferred to an immediate member of the family for $4.50)
To transfer ownership to the estate
- Apply for a Entity Identification Number (EIN вЂ“ formerly CorpCode).
- Once received, bring the EIN, the old title, the Surrogate’s Short Certificate, and your driver’s license as proof of identification to a motor vehicle agency.
- Pay the $60 title fee (or $85 for a financed vehicle title fee)
- In addition, a new registration and proof of New Jersey insurance in the estate name is necessary if the vehicle will be operated.
If the owner dies without a will
- Where there is a surviving spouse, domestic partner, or civil union partner and the estate does not exceed $50,000
- Present the current title along with an Affidavit of Surviving Spouse/Domestic Partner/Civil Union Partner, which must include the raised seal of the County Surrogate, of the county where the decedent lived at the time of death. An original death certificate and a notarized MVC Affidavit (Form BA-62) are also required.
- Where there are heirs, but no surviving spouse, domestic partner or civil union partner and the estate does not exceed $20,000:
- Present the current title with an Affidavit of Next of Kin, which must include a raised seal of the County Surrogate, of the county where the decedent lived at the time of death.
- Where the estate is worth more than the amounts listed above:
- The title can be transferred to the surviving spouse, domestic partner, civil union partner, heir or buyer by presenting the old title properly assigned and executed by the Administrator of the estate, along with an Administrator’s Short Certificate, which must include the raised seal of the County Surrogate, of the county where the decedent lived at the time of death.
The MVC accepts American ExpressВ® card, VisaВ® card, MasterCardВ®, Discover cardВ®, check, money order or cash.
Orlando Attorney: Don’t Put Your Name on Your Kid’s Car Title
I see it all the time as an Orlando attorney. Parents jointly title their adult kid’s car with their name because it’s the only way they can buy the vehicle or they feel like it makes their child safer. After all, with your name on the car, that means that you can protect them, right?
Why not? Because if your kid gets into an accident, jointly titling the car with your name means that the other driver can not only go after your kid for money, they can sue you.
Orlando Attorney: Protect Yourself to Protect Your Child
If it’s an issue of them not being able to afford the car alone and you wanting to have some ownership for helping them out, forget it. Tell them to find a cheaper car or have them pay you back in some other way. If it’s about protecting them, start by thinking about yourself first.
Keeping your name off of the title paperwork helps you to protect your assets and avoid getting sued for your adult child’s mistake. You’ll actually be better able to help them, because it will keep the other driver from emptying your bank accounts, too.
Of course, if your child is under 18, you won’t have this option because a joint title is required. That doesn’t mean you can’t protect your assets, though.
Orlando Attorney: Protect Your Assets Even with Underage Drivers
When you have underage drivers in your household, it can be nerve-wracking on a number of levels. You worry about your baby dealing with other crazy drivers. You fret over them making responsible choices. And you’re far less excited than they are about all the new found freedom they have now that they can drive.
There’s a lot that’s left up to your child, but one thing you can control is the amount of insurance they have. Just in case anything happens, it’s important that underage drivers in your household are fully covered with excellent insurance. It may cost more for the payment, but it’s a lot better than having to pay for tens of thousands in damages if they’re underinsured.
If you’d like to talk more about how to handle the legal matters related to your child’s first car, talk to an Orlando attorney with experience in those kinds of matters.
Last Updated on July 29, 2021 by Auslar Chukwuka Chimuanya
Is it time to remove the other name from a title certificate? Not to worry, this guide covers how to remove a name from a car title.
When you break away from the other party, sell or gift another person a car that belongs to you, removing them from your title is an option. However, before you remove them from the title, inform them. They may have to sign the title to authenticate the for name removal.
Also, if the other party placed a lien on the car, you must complete the loan payment before you remove the lien from the title legally. The procedures to get rid of someone from a title are easy. We’d be discussing it briefly.
Table of Contents
How to Remove a Name from Car Title
Before you begin the steps to remove someone from a car title, inform them. Suppose you have informed the party about this removal. Then follow the steps below regarding how to remove a name from a car title:
Handle the Name Removal as a Car Sale
When removing a name from a title, you handle the removal as a vehicle sale. The other person may have to sign the back of the title or pink slip like someone selling the vehicle to you.
The remaining name of the title, perhaps your name, is then considered the buyer. However, the car must be registered at the local motor vehicle department to show that the car belongs to you and no other person has a name in it.
Confirm the Title
Looking at the title, does the title ownership or names registered on the title use ‘And/Or’? If yes, you can remove the person without their signature because of the use of ‘Or’. If the title uses ‘And’, the other name or owner must sign the title before you remove them to put it in your name.
In Arizona, ‘And/Or’ is recognized as ‘And’, meaning that the other person must sign the title before you can transfer it into your name legally.
Let’s make a simple illustration. Suppose two spouses bought a car and registered it in their name. When they divorce, one party wants to keep the vehicle. If the vehicle uses ‘Or’, any party can claim the car. but if it uses ‘And’, the other party must sign the title for the transfer to occur.
As seen in the example about Arizona, make sure your state does not treat ‘And/Or’ as ‘And’. Otherwise, the other person in the title must sign it. To know your state laws regarding ‘And/Or’, you may use the comment section or contact your DMV.
Inform the Other Party
As mentioned earlier, the other person should know about the name removal, whether you can remove it without them or not. In for them about the new development if they don’t already know.
If they have to sign the back of the title, get them to do so to transfer the title to your name only. You can mail the title to the person. After putting their signature, they mail it back to you.
Check for Lien
If there is a lien, could be a mechanic lien, on the car, get the lien holder to remove their name from the car title. Typically, you must complete debt or loan for them to remove their name. If the lienholder does not agree to remove their name because you still owe on the car, you can’t transfer it to your name. The lienholder has to provide a lien release notice before the DMV can register the car in your name.
Complete the Title Transfer Application
When the second party and lienholder (if any) sign the title, you also have to complete the form on the back of the title. The person assumed as the buyer is the name that will be left.
You want to avoid a mistake or crossing mistakes on the title. Otherwise, the DMV may reject the title, meaning you have to request a duplicate car title to be able to sign over to your name.
You may have to notarize the signatures, depending on your state. Refer to your DMV’s website for a statement in this regard. You may use the comment section for our assistance. Finally, make an appointment with your local motor vehicle department to reduce your wait time.
Contact Your Local DMV
Submit the required paperwork at the DMV. The title name transfer may have to be done in person. You need a valid photo ID and title application. The bill of sale is not valued as it can be forged easily. You can take the paperwork to the nearest DMV or mail it to them with the processing fee.
Removing a Name from Vehicle Title on Special Cases
- Gift. If you must gift the car to someone, you must remove both names on the title. Let the other person know about it. They also have to sign the back of the title for the recipient to register it in their name. Complete the application form as a transfer at a $0 sale price. Since the car is a free car, the recipient does not pay a sales tax.
- Death. To transfer a car title where one of the names on the title is a deceased person, the other name or registered owner must find out the documents required to process the title transfer. Typically, a death certificate is required. If the vehicle was given to someone in a Will, the estate executor must present the death certificate and title.
- Donation. If you are donating the car to a charity organization, it must be corrected to show a donation. When you donate a car to the charity, you take the value as a tax deduction if the charity home is recognized by the state. When filing the title transfer application, complete it using the name of the charity organization as the buyer. The sales price must be $0 to keep the charity from paying sales tax since they do not pay for the vehicle. Send the completed paperwork to the charity to complete the transfer process in their name. Ensure to remove the existing lien on the car.
- Divorce. After a divorce, one party may have to keep the car or register it in their name to avoid ownership claims by the other party in the future. If there’s a lien on the car, the remaining name will be responsible for paying it off. Make sure your ownership changes match the divorce agreement.
This article is a general guide on how you can remove a name from a car title. Although the procedures are similar in most states, you should still refer to your DMV. Use this article as a guide to know the steps applicable when removing another person’s name from car ownership.
Meanwhile, you may be interested in how you can remove a cosigner from your car.
If you need a duplicate title, you can request one. It isn’t free, but it’s not that expensive either. Here’s how long it typically takes to get one, how to request a replacement title, and why you need your vehicle’s title in the first place.
Getting a Duplicate Car Title
To request a duplicate title, visit a Department of Motor Vehicles (DMV) or Secretary of State (SOS), either in person or online. It can take around 30 days or more to get a duplicate title in the mail.
Typically, replacement titles run anywhere from $5 to $60 each, depending on your state. Often, you’re required to list the reason why you need a duplicate title, such as if yours was damaged, lost, or stolen. You also need the vehicle’s information to request another title. Things you generally need to have in order to get a replacement title include:
- The vehicle identification number (VIN)
- Proof of ownership, such as a bill of sale
- Possibly odometer reading, depending on your state
- Valid driver’s license
Duplicate and replacement titles differ. There are also replacement titles, which is when you need a new title because something important needs to be changed (instead of just a copy). This can include names changes due to marriage or divorce, errors, or modifications made to the vehicle. For a replacement title, you may need court documents if it’s a name change and/or corrected driver’s license, or odometer readings and proof of modifications if this is why you need a new title for your car.
Did you get your title in the first place? If you live in a title-holding state and you have a loan on your car, then your lender holds the title until you complete the loan. If you can’t find your title, your lender may have it if you have a lien on the car, so you might not need a duplicate title.
If you’re selling your car privately, but it still has a loan on it, your lender sends the title to the buyer once the loan is paid off. If you’re trading in your financed vehicle to a dealership, they typically take care of the titles themselves, so you’re not involved in the title transfer.
Can I Buy or Sell a Vehicle Without a Title?
If you own your car free and clear and don’t have a title, then you’re not going to be able to sell it legitimately. You need a title to officially transfer ownership to the next owner.
If you bought a car that didn’t have a title, then you may be a victim of title-jumping, which is illegal in every state. A vehicle sale isn’t allowed without the seller and the buyer signing the title. If you want to know the history of your vehicle, then it may be worth requesting a vehicle history report to learn more about its past owners and/or accidents it’s been through.
Without a title, it also means you can’t register the car in your name. And if you sell the car to someone else without the title, they can’t register it in their name, either.
If you shop for a vehicle with a dealership, then you’re likely to only see vehicles with clean titles. A car with a true clean title is one that’s never been deemed a total loss, hasn’t been salvaged or rebuilt and was never deemed a lemon. Reputable dealerships typically only sell vehicles with clean titles.
If you’re on the hunt for your next car, it’s important to know the history of the vehicle you’re looking to buy. If someone offers you a car without a title, know that you need it to register the car in your name. And if you need financing, then the lender is likely to need to view the title and/or hold it until you complete the loan.
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Official NJStateAuto Used Car Blog
A car title is a vital document issued by the New Jersey Motor Vehicle Commission (MVC) that legally proves ownership and must be transferred when a vehicle is new, sold, given to someone, or inherited.
Why Are Car Titles Important?
Car titles provide proof of ownership and list any liens or loans against the vehicle. They serve as a record of ownership and other key information during a car’s life span. Titles have information like the vehicle identification number (VIN), manufacturer, model, and year of manufacture. Titles may also document information like vehicle weight, odometer reading, the license plate number, lienholder, the owner’s name and address, and purchase price.
Salvage titles are issued for vehicles that are totaled and later refurbished. Titles should always be kept in a secure place and not in the vehicle itself. Vehicle registration cards, often sent with new license plates or registration tabs, may be kept in the vehicle for proof of registration.
How Do Title Applications Work?
The New Jersey Motor Vehicle Commission processes car title applications for various situations. Regardless of the title situation, having all necessary documentation is essential for properly titling a vehicle. Title transfers for pre-owned vehicles require the previous title with the previous owner’s signature and other title transfer information on the back of the title. Required details include the sales price, odometer reading, and the seller’s name and address.
New Jersey car dealers should handle the titling, taxes, and addition of the lienholder for titling new cars if there’s a loan for the vehicle. New Jersey State Auto Used Cars will handle the Manufacturer’s Certificate of Origin with proof of sales tax paid. Dealers also add the lienholder to the title using the lienholder’s address and Entity Identification Number (EIN) to title the vehicle in the lienholder’s name. Lienholders hold the original title until the loan is paid.
If you purchase a car from out of state, the process is similar for pre-owned and new vehicles, but more information is needed. A New Jersey resident can title the vehicle by showing proof of ownership. New cars require the Manufacturer’s Certificate of Ownership. Pre-owned cars require the out-of-state title or former registration, as well as the VIN, in addition to the mileage, your proof of insurance, and your driver’s license.
What Happens if I Can’t Find the Title?
Car titles, like other paperwork, can be easy to misplace over the years. Missing, stolen, or damaged titles are replaceable with proper documentation submitted in-person or through the mail.
Applicants for replacement titles will need their current registration and proof of insurance. The New Jersey Motor Vehicle Commission has an “Application for Duplicate Certificate of Ownership” form for this situation, but more paperwork may be needed if you don’t have proof of ownership. Replacement titles carry an additional fee. If the replacement title has a lien attached, the title is sent to the lienholder.
Damaged titles may also be replaced for a fee; applicants need to write down how the title was damaged and provide information, including name and address, vehicle information, and the damaged title. Fines may be levied against anyone who knowingly seeks a duplicate while holding the original car title to protect legal owners of vehicles in New Jersey.
How Do I Transfer a Car Title?
Once you have the title in hand and are ready to transfer your vehicle to another owner, there are a few steps to take and some required documentation. Having all the materials ready to go will save you time and money. Title transfers should be done in person at the New Jersey Motor Vehicle Commission, usually with both the buyer and seller present.
Sellers and buyers complete the information on the back of the title, including the sales price (which will be used for calculating sales tax), odometer reading (which may be exempted for older vehicles), address, and other information. Proof of car insurance is also required. The New Jersey Motor Vehicle Commission has an “Application for Certificate of Ownership” form that must be completed for title transfers.
Sellers in New Jersey keep their license plates to transfer to another vehicle. Plates may not be transferred to another owner. Buyers provide their driver’s license number when they sign the old title and use the old title to register the vehicle and pick up new license plates.
Vehicles with liens, or a collateral safeguard by a loan company, are more complex to sell. When a car loan is paid off, the lienholder typically sends a lien release that allows the owner to apply for a title transfer into their name only. Transferring a car title with an active lien can require going through a dealer, working with the lienholder, or having the buyer pay off the loan against the car.
Titles not transferred within ten days of the date of the sale are subject to a penalty. New residents are required to transfer their car title within 60 days of moving to New Jersey. New residents need to provide their driver’s license, original title, and proof of insurance; vehicles with liens require title transfer, but the title remains with the lienholder for the loan duration.
How Do Gifted or Inherited Vehicle Title Transfers Work?
Gifted vehicles given to family or friends need to be disclosed as a gift to be exempt from sales tax. The process is similar, filling out the back of the title required, an in-person visit to the Motor Vehicle Commission, and payment of title transfer fees.
Inherited vehicles may be driven for 30 days after the owner passes; at or before that time, the title transfer is required. Transfers for inherited vehicles require an in-person visit to the Motor Vehicle Commission. The future owner’s driver’s license, proof of insurance, and supporting paperwork, like a death certificate and proof of relationship with the prior owner, are required. Inherited vehicles are also exempt from sales tax, but any liens must be paid off.
As with most official transactions, having all documentation in order is essential for car title transfers. While transferring ownership may be a simple procedure, it can become complex in cases that involve titles from other states, lienholders, gifts, inherited vehicles, and missing titles. Reviewing any special circumstances and ensuring everything is in order will save time, money, and frustration when transferring a car title in New Jersey.
How do I transfer a car title and what do I need to complete the vehicle title transfer process? Good questions. Whenever you buy or sell a car or change your name after marriage or a divorce, you need to transfer your vehicle title.
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A title transfer will change the title of ownership to your current name or to the name of the person to whom you sold or gifted the car. A car title transfer is a document proving who is the legal owner of the vehicle.
How To Transfer A Title In Each State
The title transfer process varies from state to state, so you’ll have to contact your DMV title transfer agency to find out what the specific requirements are. However, it typically is as easy as turning in the titled signed over to you by the seller or gift-er. You’ll very likely need to complete a form or two which most DMVs should be able to give you at the window. You’ll need an ID and possibly a proof of residence document like a utility bill.
Since each state has slightly different requirements, it’s important to know what those are before handing money over to the seller of a car. For example, Pennsylvania requires that the signatures on the title, yours and the seller’s, be notarized. New York often requires a Bill of Sale signed by both you and the seller in addition to the title.
Most state DMV’s have websites that guide you through the steps and provide downloadable title forms. In some cases, a DMV may allow you to mail in the your documents and forms which saves you a trip a possibly crowded DMV office.
What Do I Need To Transfer A Car Title?
Here’s a list of documents required by most state DMVs in order to facilitate the transfer process:
- Completed Title Transfer Application Form, signed by you and possibly notarized.
- Proof of Car Insurance Coverage.
- Insurance Policy Documents with Name and Date.
- All Vehicle Documents from Seller, Like the title and possibly a Bill of Sale.
- Driver’s License or Government Issued ID
If you inherit a car from your spouse and the will goes through probate, you’ll need to provide a court certificate or certificate copy of the will.
Buying A Car from a Dealer
If you buy a car from a car dealer and finance it, the dealership will usually handle the DMV title transfer and vehicle registration paperwork for you. If you pay it in full, they may still do all the title and registration work for you but they may only provide you with a temp tag and require you to complete the transfer on your own.
Buying A Car from a Private Sale
“Private Sale” is often used to describe purchasing a vehicle from another person. In such cases, the car would always be used and have a title that is in the sellers name or held by their financing company if they financed the vehicle. Whether financed or not, the seller needs to provide you the title which means that if they don’t have it, they need to request from their financing company or obtain a duplicate title.
While some states, like California, allow you to transfer a vehicle to your name without the title, you are still required to have valid documents signed by the seller in order to take the place of the title.
Most states require the title signed by the seller. If the seller never provide the title or you lost the title before completing the transfer, you may be able to look into the bonded title process. A private company licensed to provided title bonds would ask you for the documentation or other proof that you have to prove you are the owner of the vehicle and then basically insure your claim to the vehicle. The process can be complex and not all states accept bonded titles. Make sure to check with your local DMV first and vet any bonded title company you choose to work with.
Title Transfer Deadline
Most states have a deadline to complete a title transfer. If you go over the deadline, there will be a late fee added to the transfer fees.
Typically, a new title is mailed out within two weeks. Overall, completing a title transfer is relatively seamless process as long as you have all required documents and properly navigate the process, especially acquiring a bill of sale if purchasing a new vehicle.
When you purchase a car, you must transfer the title into your name before you can register it. This ensures your state has a record of you as the legal owner. Depending on your state’s requirements, the cost and instructions to transfer a title can vary. Contact your state’s titling agency to find out how to transfer a car in your state.
If your car is registered in a title-holding state and if USAA is listed on your title as first lienholder, please send USAA a copy within 3 months of your purchase. Then file your copy with your other important documents. You can send the title copy through Send Documents to USAA on usaa.com or the USAA Mobile App or fax it to 484-895-3496.
If you purchase a car from a dealership in the state you live in, the dealership should file an application with that state’s titling agency to transfer the title to your name and, if you’ve financed your car with us, add USAA as a lienholder.
If you purchase from an individual who has a clear title, then you must get the signed title from the seller and file the application with your state’s titling agency to:
- Pay the tax, title and licensing fees
- Transfer the title into your name
- Add USAA as a lienholder, if you financed your car with USAA.
If your loan has been paid in full and you need a replacement title, you may need a release of lien.
You’ll need to provide the following information:
- Vehicle Identification Number (VIN)
- Vehicle year, make and model
- Loan number
In most cases, your state will ask you for a Release of Lien. This document provides proof that USAA no longer has interest in your vehicle. For more help, contact a USAA Title Specialist at 800-531-8722.
You can get a photocopy of your title as long as USAA had a copy of title on file.
All payments should include your loan number and be mailed to:
USAA Federal Savings Bank
ATTN: Consumer Loan Payment Ref: (Your loan account number)
10750 McDermott Freeway
San Antonio, TX 78288
Note: Your loan account number must be included on the check or it will be returned.
After we receive your final payment and the account balance is satisfied, we’ll release your title, depending on the payoff method, state law requirements and state motor vehicle department procedures. The title release process can vary in length. It depends on if you have a paper, electronic or customer-holding paper title. If you’re unsure of which category applies to you, contact your state titling agency. If you have additional title-related questions, please call us at 800-531-USAA (8722).
If you plan to ship or sell a USAA-financed car in another country, U.S. Customs requires a letter from the lienholder authorizing the car’s transportation.
Before contacting USAA, confirm whether the shipping company needs the letter to be signed or notarized and whether they need a front and back copy of the title. We won’t process the letter if your loan payment is more than 30 days overdue or if you’re shipping the car to an Office of Foreign Asset Control prohibited country.
Once you are ready to request your letter, call a USAA title specialist at 800-531-8722.
Yes. You should always notify USAA of changes to your address or any other contact information. You can update your contact information on usaa.com under My Profile.
Before contacting USAA, please contact your new state’s titling agency to confirm what documents are needed and follow these steps.
- If the original title is needed:
- Ask your new state’s titling agency to fax a request for the title to 484-895-3496.
- Once USAA receives the fax, it will process the release of your title to the state’s titling agency for processing.
Note: If your car has an electronic title, it will take longer to process the request.
- If a copy of the title or a permission letter is needed:
- Contact a USAA title specialist at 800-531-8722.
USAA Federal Savings Bank
Ref: (Your loan account number)
P.O. Box 25145
Lehigh Valley, PA 18002-5145
Each state is listed below with its lien code. If your state is not listed, a lien filing code may not be required. Contact your state titling agency to confirm.
Table 1: Each state is listed below with its lien code.
State Lien Code AL Alabama 71-00116-00 AZ Arizona E00150962 CA California ACB CO Colorado E7463937390001 FL Florida 201882743 GA Georgia 1100054842 IA Iowa 74639373900 ID Idaho 74-6393739 AL Lousiana EUSA
Table 2: Each state is listed below with its lien code.
State Lien Code MA Massachusetts C/23831 MS Mississippi 90004628000 MT Montana 74-6393739 NC North Carolina 20096936 NE Nebraska 40583765 NH New Hampshire 102 NJ New Jersey 930-338761-180020 NY New York 42480 NV Nevada US0010
Table 3: Each state is listed below with its lien code.
State Lien Code OH Ohio E09098 OR Oregon 6049184 AL Pennsylvania 31407426901 SC South Carolina 32915673 SD South Dakota 746393739 TX Texas 74639373900 VA Virginia FM27USAELT70 WA Washington USA WI Wisconsin 10081
If the title work is completed in one of the following states, provide a copy of the Note, Disclosure and Security Agreement with borrower(s) signature(s) to the appropriate state titling agency:
Lien Pay Offs
Pay off procedures vary depending on whether the lienholder is using the Electronic Lien Title (ELT) system or a paper title. Financial institutions and auto dealers who finance vehicles have been required to use ELT since July 1, 2017.
Electronic Lien Title
The lienholder will notify the DMV of the lien satisfaction. No other action is required.
Please ensure your lender has your correct address.
The new title will be mailed to the party requested by the lienholder. Titles are processed and mailed from Carson City.
If your bank or lienholder has a paper title for your vehicle, they must sign the appropriate section of the vehicle title and mail or otherwise deliver it to you when your loan is paid off.
Lenders do not notify the DMV of a loan pay off on a paper title. If you do not have a new title issued, the lienholder will continue to be listed in the DMV records. If you misplace the title, you will have to contact the lienholder to obtain a Lien Release. If the misplaced title was issued in another state, you will have to get a duplicate title from the other state.
Complete the Title
Lien Section – You must complete the “Lien” section on the back of the title.
Write “None” if there is no new lienholder to be recorded. If the new Certificate of Title is to reflect a security interest in the vehicle, the lienholder’s name and address must be recorded. You do not need to complete the odometer statement on the front.
Be careful! Any alteration or erasure voids a Nevada Certificate of Title. If you plan to bring the title to a DMV office, you may wish to complete it at the DMV to ensure it is correct.
Submit the Title
Fee – The fee for a new title is $20 if mailed to a Nevada address or $35 if mailed out-of-state. Titles are processed and mailed from Carson City. It is not necessary to renew or update the vehicle registration.
You may submit the title at a DMV office or mail it to us to have the lienholder removed and obtain a “clear” title. It does not matter whether the title was issued in a different state as long as the vehicle is registered in Nevada.
If you choose to mail the title, for your protection, we suggest you use registered or certified mail. Please include an explanation letter with your full name, daytime telephone number and Nevada license plate number. Please enter your current address in the assignment of title. Mail this, the title and a check or money order payable to DMV or a Payment Authorization to:
Department of Motor Vehicles
555 Wright Way
Carson City, NV 89711
If the lienholder does not have the title and it is not an ELT document, the lienholder may complete and notarize a Lien Release form and mail this to you. You will have to complete an Application for Duplicate Title and submit both to DMV as outlined above.
- Application for Duplicate Nevada Certificate of Title (VP 012)
This form is for use only if the vehicle was last titled in Nevada. If you are not sure whether your vehicle is titled in Nevada or if you do not have all of the information requested, please contact the Records Section for instructions. If your vehicle is titled in another state, you must obtain a duplicate from that state.
- Lien Release (VP 186)
Releases an ownership interest held by a financial institution or other third party.
- Payment Authorization Form (ADM 205)
Authorizes the DMV to charge your credit or debit card for license or registration fees.
When you purchase a car you have been leasing, a Nevada dealer (the lessor) and any lienholder will collect the sales tax and the title fee from you that is due on the sale.
The dealer will submit the title and a Dealers Report of Sale (DRS) to the DMV. A paper title will be mailed to the registered owner if there is no new lienholder.
Out of state dealers should give you the title, a Bill of Sale or another appropriate document. Please bring all documentation to a DMV office. A $20 title fee will apply.
If you wish to have a corrected registration issued in your name alone, a Nevada dealer will also collect a $5.00 duplicate registration fee. You will receive the new registration in the mail separately from the title.
If the dealer does not collect the $5.00 fee and issues a DRS to you, then you should obtain the new Certificate of Registration. No registration renewal or emissions inspection is necessary if the vehicle is not due for renewal.
Bring the DRS to a DMV office to have a new registration issued. You may also use the mail. We suggest you use registered or certified mail. Please include an explanation letter with your full name, current address, daytime telephone number and Nevada license plate number. Mail this, the DRS and a check or money order payable to DMV or a Payment Authorization for $5.00 to:
Department of Motor Vehicles
Renew By Mail Section
555 Wright Way
Carson City, NV 89711-0725
Individuals or businesses cannot simply ‘place a lien’ on a vehicle. Only licensed garages, tow companies or storage businesses with a signed work order, property release or contract can sell a vehicle on a lien.
Private landowners, property management companies and others must contact local law enforcement and/or towing services for removal of an abandoned vehicle.
Whether you’re the buyer or seller, here’s what you need to know
If you are buying or selling a car, one of the most important steps is transferring the car’s title. That document is the legal proof of who actually owns the car, so it’s important to have and to keep in a safe place. Whether you’re the buyer or seller, here’s what you need to know about transferring a car title.
- Car titles are important documents because they are official proof of who owns a car.
- When someone sells a car, they must transfer the title to the new owner.
- Transferring a car title usually involves signing the old title so the buyer can have a new title issued in their name.
- If you have a car loan, then your lender will need to be involved in transferring your car’s title, and you may have to pay off your loan in full.
A Simple Transfer of a Car Title
Transferring a car title is usually fairly straightforward. The seller will release their ownership of the vehicle by signing the existing car title. Depending on the state that you’re in, additional information may need to be filled out. That might include the car’s odometer reading, the buyer’s name and contact information, the sale price, or other details.
If the car is titled in two people’s names, then they are both required to sign the title. In some states, the signatures will need to be witnessed by a notary, so you’ll want to check on your state’s rules before signing.
Once the owner (or owners) of the car have signed the title, the buyer can take it to the appropriate state office, such as the department of motor vehicles, to have a new title issued in their name.
More Complicated Scenarios in Transferring a Car Title
There are some situations in which it’s slightly more complicated to transfer a car title. If you have a car loan, it’s possible that your lender is holding the car’s title. If you’re looking to sell your car, most states will require you to also include a lender affidavit. This shows that the lender is aware of the change in ownership. In most cases, the lender will require you to pay off the existing loan in full before you can transfer the car title.
Another scenario to be aware of is what happens after you sign the title and give it to the new owner. Until the buyer takes title to the car in their name, you are still legally responsible for it. For that reason, it’s often recommended that the seller accompany the buyer to the title office. That way, you can make sure that the buyer puts the title in their own name.
One exception to this might be if you are selling your car to a dealership (such as trading in your old car when buying a new one). The rules vary by state, but in many cases, the dealer will not actually take the title in their name. Instead, they will have you sign the title, then hold onto it until it can be processed in the name of the end buyer. Most states have a time limit, such as 30 or 45 days, in which the new buyer must apply for a title.
If you want to sell your car but can’t locate your title, you can obtain a replacement from your state.
Know What You Need to Bring to the Title Office
The requirements for transferring a car title vary by state and sometimes by municipality. The office that handles car titles is called different things in different states. Some common examples are the department of motor vehicles (DMV), the bureau of motor vehicles (BMV), or the state/county title office.
To transfer a car title into their name, buyers may need to supply:
- Bill of sale/sale price
- Additional information about the vehicle
- Fees for the title transfer and/or sales tax on the vehicle sale
To save yourself an extra trip, it’s best to call or go online to verify the documents you’ll need before you go.
The Bottom Line
To transfer a car title, the seller needs to sign the title and fill out any required information. The buyer can then take the signed title to the appropriate government office to transfer the car title into their name. If there is a lien on the vehicle, then the lender will usually need to sign an affidavit as well.
Date: January 13, 2021
Most people have a car, or several, throughout their lifetime. It could be a luxury vehicle, a restored classic car, something reliable to get a person from point A to point B or anything in between. One thing that we know is that people love their automobiles. So, what happens to a person’s car after they die? The car is most likely titled in that person’s name and there might still be car payments that have to get paid. In this article we are going to talk about the Florida probate process and what a person can and should do with their loved one’s vehicle.
Can creditors try and take the car?
Motor vehicles, including cars, are generally referred to as “exempt property.” See Florida Statute 732.402(2)(b). Under Florida law, exempt property means that creditors cannot go after the property to get paid back any debts they are owed. The exception would be the car dealership or lender who is financing the car. They could repossess the car if payments are not made. However, if the person died owing money to credit card companies, those companies should not be able to put a lien on the car if the car is determined exempt property. Note – the statute only allows for up to two motor vehicles to be deemed as exempt from creditors.
What if the car was owned jointly by husband and wife?
If the person who died owned the car jointly with someone, such as their spouse, probate is not necessary in order to transfer the car to the surviving person’s name. The surviving person who is still on title, can and should have the title certificate transferred immediately to his or her name. They should be able to do this by going to the local Department of Motor Vehicles (DMV) with a copy of the death certificate and the title.
What happens to the person’s car insurance after they die?
It is a good idea to look at the car insurance policy of the person who has died to determine whether or not the policy terminates on the death of the insured or whether they would continue to protect the estate in the event of an accident. If it is a family policy, included members of the family should be protected. If the policy terminates on the death of the insured, then you would be wise not to use that vehicle.
Who gets the car?
In Florida, the surviving spouse is entitled to “[t]wo motor vehicles as defined in s. 316.003, which do not, individually as to either such motor vehicle, have a gross vehicle weight in excess of 15,000 pounds, held in the decedent’s name and regularly used by the decedent or members of the decedent’s immediate family as their personal motor vehicles.”
That means the spouse is going to get the cars, at least two of them anyways, even if the decedent had children from another spouse.
How do you transfer the car if there is no need to open probate?
If there is no probate being opened, or if the car is not going to be an asset of the estate, it should be relatively simple to transfer the car into the beneficiary’s name. The beneficiary would go to the Department of Motor Vehicles (DMV) and submit a copy of the HSMV Form 82040, a copy of the death certificate and a copy of the will, if one exists. The “Release of Spouse or Heirs Interest” on Form 82040 will have to be signed by any other heirs or beneficiaries. See Florida Statute 319.28 for more information.
Florida Statute 319.28 says that if the owner of the car died without a Will, there is no need to have an Order from the probate court authorizing the transfer of the car. The applicant for the certificate of title will have to file an affidavit stating that the estate does not have any debts and that the spouse and heirs have agreed on the division of the estate.
If the owner of the automobile died with a Will, and the Will has not been admitted to probate, then a sworn copy of the Will and an affidavit stating that the estate does not have any debts must accompany the application. If the Will has been admitted to probate, a certified copy must be provided.
How do you transfer the car if it is a part of the probate estate?
Sometimes, the car may in fact be a part of the probate estate. If that is the case, the person named as the Personal Representative may have to transfer the car to the proper beneficiaries. The Personal Representative would take the Letters of Administration, which are issued by the Court, to the Department of Motor Vehicles (DMV) in the county where the probate is occurring and sign Form 1 on the reverse side of the certificate of title and fill out the HSMV Form 82040. The Florida Probate Code does not require a court order in order for the Personal Representative to transfer or distribute the car, so long as there are no claims or other expense that needed to be paid. Florida Statute 733.612(26).
What is a summary of how to transfer the car’s title into someone else’s name?
In order to transfer title, the beneficiary or personal representative must apply for a new certificate of title to the Department of Highway Safety and Motor Vehicles. Florida Statute 319.28. If possible, the prior certificate should accompany the application. If the prior certificate of title is unavailable, then the applicant will have to present to the department satisfactory proof of ownership and right of possession. Sometimes this requires an Order from the court. The application process will usually occur at the tax collector’s office in the county in which the decedent resided and they will supply the applicant with the requested forms. Forms can also be located on the Department of Highway Safety and Motor Vehicles’ website, www.hsmv.state.fl.us.
If the person died without a Will, an order of the probate court is not necessary. Rather Florida Statute 319.28(1)(a) allows that a new certificate of title will be issued “upon the surrender of the prior certificate of title or, when that is not possible, presentation of satisfactory proof… of ownership and right of possession to [the] motor vehicle.”
In theory, it should be relatively easy to transfer a person’s car into someone else’s name. A lot of the time, probate is not necessary, and the beneficiary does not need to hire an attorney in order to help with the transfer. However, if there are multiple beneficiaries and the beneficiaries cannot agree, or if there is a Will that says what happens with the car, then you may need to hire a probate attorney.
If you have any questions or need to open a Florida probate, we encourage you to give Stivers Law a call at 305-456-3255.
As a reminder, the information provided on this blog article is only to be used for general informational purposes and not intended to be used as legal advice.
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Justin helps clients put together unique estate plans, including assistance with Trusts, Wills, Powers of Attorney, and Advance Directives. He also works with clients to set up Special Needs Trusts for their children.
Justin serves as a member of the American Academy of Estate Planning Attorneys (AAEPA), a national organization comprised of legal professionals concentrating on estate planning. As a member of the Academy, he receives ongoing, comprehensive training on modern estate planning techniques.
About changing owner or title holder particulars for a vehicle
Any changes to the particulars of the vehicle owner or title holder must be communicated to the appropriate registering authority within 21 days after such change. Use the notification of change of address or particulars of person or organisation (NCP) form.
When you sell your vehicle, you must notify your registering authority on the Notification of change of ownership/Sale of motor vehicle (NCO) form. The new owner must register the car in their name.
What you should do
- Go to your nearest registering authority.
- If you are changing your address, you must take along the following:
- A copy of your identity (ID) document if you are a South African citizen. If you are a foreign citizen, you must bring both the original and certified copy of your ID issued by your country of origin and your temporary residence permit.
- Proof of residential address e.g. utility account. If the utility bill is not in your name, the owner of the bill must make an affidavit declaring that you live at the address and the utility bill must be attached to the affidavit.
- If you stay at an informal settlement, you must bring a letter with an official date stamp from the ward councillor confirming your residential address
- If you are a South African citizen, you must complete and submit form NCP only. If you are a foreign citizen, you must complete the NCP form and the Notice in respect of traffic register number (ANR) form.
- If you are selling the vehicle:
- The seller must complete the NCO form and submit it to their registering authority.
- The seller must hand over the registration certificate to the buyer.
- The buyer must complete the Application for registration and licencing of motor vehicle form (RLV) for submission.
- The buyer must submit the vehicle registration certificate, if the vehicle was registered in South Africa.
- Provide a mass measuring certificate if the vehicle’s tare was changed.
- The buyer of the vehicle must submit the forms at the registering authority within 21 days of buying the vehicle, along with the registration form obtained from the seller and a roadworthiness certificate (it is the responsibility of the buyer to ensure that the vehicle is roadworthy).
- If the vehicle is registered under a company, you must also submit a certificate of incorporation or name change as issued in terms of the Companies Act or a founding statement.
- The registering authority assesses your application and you must pay the fees as prescribed by your province.
- If required by the registering authority you will have to provide proof of the right to be registered as the title holder of the motor vehicle concerned, e.g. an invoice or a sales agreement. If you do not have that, phone your nearest call centre or registering authority to establish whether they accept or require any other document as proof.
How long does it take
Applications are processed on the same day.
How much does it cost
Contact your local licensing office for the cost.
Forms to complete
- Notice of change of particulars (NCP)
- Application for registration and licensing (RLV)
- Notice of change of ownership/sale of motor vehicle (NCO)
- Notice in respect of traffic register number (ANR)
Forms are obtainable from the registering authority or you can download them from the eNaTIS website.
When financing a car, who has the title? If you plan to sell your vehicle before you pay off the loan, you might wonder how to obtain this piece of paper.
When financing a car, who has the title? If you plan to sell your vehicle before you pay off the loan, you might wonder how to obtain this piece of paper. Luckily, it’s relatively easy to get the title as long as you have a few specific pieces of information about the vehicle and lender.
Who Has the Vehicle’s Title During Financing?
In real estate, there’s a deed involved. Similarly, a vehicle has a title. This title details the vehicle’s ownership. Depending on your financing type as well as the state you live in, you or your lender may possess the title. It doesn’t matter if you have the physical title though, as you are still allowed to drive the vehicle and sell it if you can pay off the loan.
According to Free Credit Report, the title details the vehicle’s ownership. It describes the identity of the owner and contains information about the vehicle. Titles vary from each state, but the documents usually include the original date of purchase, registration number, and vehicle identification number (VIN). It also mentions if you purchased the vehicle new or used and includes the odometer number at the date of purchase.
According to the Navy Federal Credit Union, other information you may find on the title include the following:
- License plate number
- Vehicle’s make, model, and manufacture year
- Name and address of the primary person who drives the vehicle
- Name and contact information of the lender
Many lenders possess the title during the entire length of the car loan. Once you pay off the loan, the lender removes its name from the title. You then receive a copy of the title.
Although this is one way to ensure that you’ve paid off the loan, check your credit report to make sure it shows you’ve paid off the loan in full. Even if you have the certificate of title, you might not own the vehicle outright.
It doesn’t matter who has the paper title because if there’s a lienholder’s information provided on the title, that lienholder can have a right to the vehicle. This lienholder could be a family member, co-buyer, or lender that at one time had ownership rights to the vehicle. To remove this lienholder, he or she needs to sign a document releasing his or her rights and the title or you can go to court to remove that person from the title.
Once you pay off the vehicle and have the title, you might want to pledge it for a loan. Certain states permit car title loans in exchange for a short-term loan. When you get one of these types of loans, you use your vehicle as collateral. If you don’t make the payments, however, the lender can take your vehicle. Beware, because occasionally, these loans have higher interest rates.
It’s important to know how loans work if you want to sell a vehicle you financed or to take out a loan on a newer one. Check your credit report regularly and know the role this credit has in the entire car loan process. Contact your financial advisor or lender if you’re still unsure if you should finance a vehicle.
When purchasing a pre-owned vehicle, according to U.S. News and World Report, you should run a title check (also called a VIN check) to learn more about the vehicle’s history. It also includes dates the vehicle was sold, odometer readings, and if the vehicle was in a flood or accident.
To run a title check, locate the vehicle’s VIN, grab your credit card, and contact a National Motor Vehicle Title Information System (NMVTIS) provider via its website. The NMVTIS is a national consumer protection database that gives title information all across the country.
Choosing the Best Way To Get the Title
According to It Still Runs, the best way to obtain your title is to figure out your proximity to the lender’s office and your state’s Department of Motor Vehicles (DMV) office. Other factors include if you need the title quickly for a potential sale or just want to have the title on file. If the latter is the case, you can wait and receive it in the mail.
Titles and the Electronic Lien and Title System
With the Electronic Lien and Title (ELT) system, it stores and sends title information digitally. This system means state DMV offices and nationwide lenders don’t need to hold and mail vehicle titles.
If your lienholder and state DMV belong to the ELT system, once the lender receives the last loan payment, the DMV receives an electronic release of the lien. From there, the DMV removes the lienholder’s information from the title and sends a hard copy of the title to you.
However, if the lienholder doesn’t maintain electronic titles, it takes longer to receive a paper title. That’s because the paper title must be pulled from storage and signed to release the lien.
Typically, getting a signed title out to you after you make the final payment can take up to 30 days. If you’re pressed for time, take the released title to the DMV after you obtain it so you can do the transfer immediately. If time isn’t an issue, you can mail the paperwork to the DMV. You should receive the modified title back to you in the mail.
When you’re selling a car, the potential buyer typically wants a clean title. This means the lienholder’s name is removed before the sale occurs. To get the title quickly, go to the lender’s office with the buyer to make the final payment and receive a copy of the title. You can close out the loan, remove the title’s lien, receive money for the vehicle, and transfer the vehicle’s ownership.
After you make the last payment, you might experience a small delay in the processing. The lienholder wants to make sure the check clears before sending out paperwork. Once the lienholder receives the all-clear regarding the last payment and all repayments are complete, the lender informs the DMV that you paid off the loan that the last payment is clear, and all obligations for the repayment have been completed, the lender notifies the DMV that you have paid off the loan.
When you’re financing a vehicle, it’s important to know who has possession of the title. That way, if you plan to sell the vehicle, you know the steps you must take to secure this important piece of paper.
If you purchase a vehicle with a lien, the lien must be paid or lienholder permission obtained before you can transfer the title into your name.
A service is available on AZMVDNow.gov to check for liens and unresolved financial obligations on an Arizona titled vehicle.
Liens fall into two general categories: financial liens and other liens.
Financial liens either appear on the front of the paper title or are held electronically and are generally for a defined period of time.
Liens on Paper Certificates of Title
If a lien is on a paper title, it will appear in the space marked “Lienholders.” When the lien is paid/satisfied, the vehicle owner receives a “lien release” from the lender. The owner may take the lien release to an MVD or Authorized Third Party office to obtain a new title or give the buyer the signed and notarized title with a lien release from the lender.
Electronic Lien and Title
An electronic lien and title (ELT) is an electronic method by which MVD and authorized lienholders exchange essential vehicle, lien and title information. Lienholders are required to perfect or release liens electronically using the current ELT process through an approved ELT service provider. This process eliminates the need for printing and mailing individual paper titles. Once the lien has been satisfied, a lienholder sends an electronic message releasing the lien. MVD then forwards the title to the vehicle owner or to the next lienholder of record. This method results in faster service to vehicle owners.
Other liens can be added electronically and are not shown on the title. They are not for a defined period of time and can be added or deleted at any time. For example, if a vehicle owner owes child support fees (Child Support lien) or court fines/fees (Operation of Law lien), a lien can be placed on the vehicle record that prevents the title from being transferred to a new owner until those fines/fees are paid. These liens must be paid before you can transfer the title into your name.
Protecting Yourself from Purchasing a Vehicle with a Lien
Check for liens and unresolved financial obligations on an Arizona titled vehicle online.
The buyer and seller should go to an MVD or Authorized Third Party office together to transfer the title. Many third-party offices are open evenings and weekends.
Do not pay for the vehicle until you have verified the title can be transferred.
Please note: New liens are added to vehicles every day; therefore, you are taking a risk if you check the record and pay for the vehicle a later time.
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A car title is a document that proves who owns a vehicle. When you sell your car , the title must be legally transferred to the new owner so that person can complete the registration process.
Let’s start with a small point of clarification: The car’s title, sometimes called the “pink slip,” isn’t always pink anymore. Regardless of its color, the title is issued by your state’s department of motor vehicles. Beyond indicating who owns the car, the title also includes the vehicle identification number, the mileage at the time of sale and what type of car it is.
How car title transfer works
Transferring a car title consists of two steps, one for the seller and one for the buyer. First, the seller has to release ownership of the car by signing the title. The buyer then takes the signed title to the DMV, and the state issues a new registration and title. Some states might require additional paperwork to complete the process, such as a bill of sale or a transfer of ownership form.
When you’re buying a new car , a dealer handles the paperwork and you usually receive the vehicle title from your state’s DMV in the mail. But when private parties buy or sell cars, it’s up to them to transfer the title.
States may also require the seller to provide basic information about the car, such as the sales price and the current odometer reading. Before signing the title, check with your state’s DMV to find the proper line on which to sign and how to supply the correct information. For example, here’s a short video on where to sign from the California DMV.
Whose name is listed?
For the seller, the first step is to look at how your name is listed on the car’s title. If your name alone is printed on the title, this means you are the only owner and can easily transfer ownership.
If, however, there’s also a bank or lender’s name on the title (referred to as a “lienholder”), this means you have an auto loan that has to be settled before you can sell. This complicates things, but it’s still possible to sell your car. Call your lender and ask how to sell a car that has a loan and how the transaction should be handled.
In many cases, a car is owned jointly by two people, such as a husband and wife. In this case, there are two ways the vehicle title can be written. The two names might have an “and” or an “or” between them. Generally, “and” means both parties have to sign the title to release ownership; “or” means either person can sign the title.
When a loved one dies, there are often difficulties that can arise in handling their estate. One of these challenges can include changing the name on the title of a vehicle. Here is a guide to figuring out how to transfer the name on a car title and what your best options are going forward.
If your name is on the title and is separated from the deceased’s name by an “or,” this signals that you owned the vehicle with the deceased as joint tenants with rights of survivorship. Thus, the title can be easily transferred by the DMV into the surviving individual’s name.
If your name is on the title to the vehicle with the deceased’s name and is separated by an “and,” this means that you own the vehicle together with the deceased and both signatures are required to transfer title. Thus, if your name is separated by an “and” on the title or your name is not on the title at all, then you will have to go through the Probate Court in order to retitle the vehicle in your name.
In South Carolina, you will need an Order from the Probate Court in order to transfer the title of the vehicle to your name if you are not considered a surviving owner. In addition, the DMV requires the Application for Certificate of Title and Registration for Motor Vehicle or Manufacture Home/Mobile Home (Form 400) to be filled out in order to change the title.
If changing the name on a car title requires proceeding through Probate Court, it is best to hire an attorney. King Law is here to help guide you through the Probate process, and can help you create an estate plan so that you can have peace of mind knowing your loved ones will be taken care of. Call us today at (888) 748-5464 to schedule an appointment.
If you’ve managed to sell your car, your next step is to transfer the car title. This process requires a bit of paperwork, but should not be too complicated as long as you know how it works. In this blog post, you will learn what a car title is, how to transfer one, the documentation required for transfer, how to transfer a car title to a family member, and more.
What Is a Car Title?
A car title is a legal document that proves vehicle ownership. Every state requires a driver to possess a car title to own and operate a vehicle. A car title contains information including the owner’s first and last name, mailing address, the vehicle identification number (VIN), make and model of the vehicle, license plate number, and odometer reading. In most states, vehicle loan lenders retain the car title until the debt is paid in full, after which the title is given to the car owner.
You will need to transfer a car title if your vehicle is changing ownership, which might happen in any of the following situations:
- Selling or purchasing a vehicle
- Inheriting a car
- Giving your vehicle to a family member
- Paying off a car loan
- Changing the name on a car title
- Donating a vehicle
How to Transfer a Car Title
The process for transferring a car title varies by state, but often requires just two steps:
- First, the title owner and car seller must sign the title, releasing ownership of the vehicle. In some cases, the signatures must be notarized.
- Second, the car buyer must take the signed title to their Department of Motor Vehicles (DMV), where the state will issue a new title and vehicle registration. The new registration may require safety or emissions checks, depending on the state.
In some states, the title transfer must be completed within a certain time period (usually 15 to 30 days), or else the buyer will accrue fees. Learn about car title transfers in all 50 states here.
What Documentation Do I Need to Transfer a Car Title?
The most important piece of documentation needed to transfer a car title is, of course, the title. But some states may require the vehicle’s bill of sale, as well as a title application filled out by the car buyer. This can be done through the mail but maybe quicker in person at the DMV.
In most cases, you don’t need to worry about transferring a car title if you are going through a car dealership. But if you’re selling your vehicle to a dealership, you may also need to file a vehicle transfer notification at your local DMV.
How to Transfer a Car Title to a Family Member
Some people may not realize that if a family member’s name is not on a car’s title, they are not legally authorized to drive the vehicle. So, if you’re gifting your old car to a teen with a brand-new driver’s license or receiving a vehicle through inheritance, be sure to transfer the title as soon as possible. In cases like these, there is usually no transfer of money, which makes the process a bit more complicated.
To transfer your car title to a family member, that person must be legally considered an immediate family member. This classification includes children, spouses, siblings, parents, grandparents, and grandchildren. From there, you will need to present all or some of the following documentation at your DMV:
- Current odometer reading
- Assignment of title filled out by the title owner and recipient
- Signed car title
- Application for registration and title
- Affidavit of motor vehicle gift transfer
- Affidavit of heirship for a motor vehicle (if the car is received through inheritance)
Looking to transfer a car title to a family member residing in a different state? In this case, the process is slightly more complicated, because it involves two different DMVs. Rules vary in almost every state, so before you begin the title transfer process, be sure of the following:
- You are transferring a title from a state that issues titles. In this case, you may need to complete an emissions test, fill out a title and registration application, submit out-of-state documents and verify information like the VIN and odometer reading.
- You are transferring a title from a state that does not issue titles. In this case, you need to apply for a new title at your local DMV. This requires the vehicle’s current registration and a bill of sale.
- The vehicle in question is covered by a lien or lease agreement. In this case, the vehicle owner must request a title release from the lien holder, who will transfer the title to the recipient’s local DMV.
Let Dick Hannah Honda Transfer Your Title For You
Transferring a car title can be a complicated process, especially if you’re transferring a vehicle out of state. Whether you are buying a new vehicle or trading in your old one, Dick Hannah Honda can handle all the time-consuming paperwork for you. Contact us today at (360) 342-9563 to learn more.
Your Colorado car title is a crucial document. Simply put, it’s proof that you own your car, and you’ll need to have it in your possession if your ownership status is to change – if you decide to sell, donate, or simply give the vehicle to another owner, even a family member
How to Apply for a Colorado Title
To apply for a title, you’ll need to bring the following documents to your local Colorado DMV office:
- Proof of insurance.
- Secure and verifiable identification.
- The current title or documents from the dealer properly endorsed by the previous owner.
- Proof of a Colorado vehicle emissions test if applicable.
- A complete odometer disclosure.
- A bill of sale (for sales tax purposes).
- If a lien is to be recorded, an acceptable mortgage document (security agreement) must be provided.
- The mortgage document needs to be an original, carbon copy, or a certified copy and must contain vehicle description – year, make, vehicle identification number or VIN, lienholder’s name and address, lien amount, and owner’s signature.
Vehicles titled for the first time in Colorado must be accompanied by one of the following documents to certify the weight:
- Manufacturer’s statement of origin
- Valid registration or title which specifies the weight
- A certified weight slip
The Colorado DMV will mail your title to you when there are no liens filed against your vehicle. (Typically, having a lien filed against your vehicle means that you’ve financed the car and are still making loan payments.) If you do have a lien, the title will be mailed to the lienholder (the bank that issued the car loan).
I Lost My Colorado Vehicle Title – What Do I Do?
If you’ve lost your Colorado title, you can get a duplicate from the DMV. You’ll need to bring the following to your local DMV office:
- A completed copy of the Duplicate Title Request and Receipt Form (Form DR 2539A)
- Secure and verifiable identification
- Your vehicle identification number (VIN) and/or Colorado title number, if you have it
- The duplicate title fee
Selling Your Colorado Vehicle – What to Do with the Title
If you’re selling your car, there’s a few things you’ll need to do to transfer the title to its new owner.
- Enter the car’s mileage in the designated area.
- Add the buyer’s full name and address to the title.
- Give the buyer a current Emissions Inspection Certificate if he or she lives in an emissions area.
- Sign and date a bill of sale, including your name, the buyer’s name, the purchase price, the vehicle identification number (VIN), and the year and make of the vehicle.
- Remove the license plates.
- Give the above paperwork to the buyer. He or she will need to go to the DMV to complete the transfer of ownership.
Buying a Colorado Vehicle – What You Need to Do
When buying a Colorado vehicle from a private owner (not a dealership), you’ll need to handle the paperwork yourself, including the title transfer. Here’s what you’ll need to do:
- Have the seller date and sign the title over to you. Confirm that the proper mileage was entered in the designated area.
- If you live in an emissions area, have the seller give you the current emissions inspection certificate.
- Get a signed and dated bill of sale from the seller. It will need to include your name, the purchase price, the VIN, and the year and make of the vehicle.
- You’ll then need to take these documents, proper identification and proof of insurance to your local DMV office. Be prepared to pay fees, which vary by county and vehicle.
- Transferring the title will also update the name on the registration. If the vehicle is titled in another state, the DMV will need to do a VIN inspection.
Additional Information About Colorado Vehicle Titles
If you have additional questions about vehicle titling in Colorado, be sure to visit the Titling and Registration section of the Colorado DMV webpage.
Title & Lien Release
What is a title?
A title is a legal document that includes: Identifying information about the vehicle; the vehicle identification number (VIN); the year/make/model; the name and address of the purchaser or registered owner; and the name of the lienholder or “legal owner” if applicable.
Will I receive a copy of my title while my loan is active?
This varies by state. Some states will send it to the vehicle owner while other states will send it to the lienholder. Some states have paperless titles and they are maintained electronically at the state’s Department of Motor Vehicles (DMV). Check with your state’s DMV to confirm how they manage auto titles.
How much does it cost to get a title?
Title fees vary by state. Please contact your state’s Department of Motor Vehicles to learn more about the costs.
How can I get a replacement title?
Each state has different procedures to replace titles. Contact your state’s Department of Motor Vehicles if you need to replace a lost title.
What is a lien release and how does it work?
A lien release is a document that shows that the lienholder’s security interest in the vehicle has been released. You can provide the lien release to your state motor vehicle titling agency to obtain a lien-free title to your vehicle.
What should I do if I move? How do I update my registration and title?
After you move, do this as soon as you arrive at your new address and before your plates expire: Contact your state’s Department of Motor Vehicles (DMV) to update your registration or title or to ask them questions about how long their process takes.
The DMV will send a letter to us requesting the necessary documents to complete the transaction. Give your DMV the following:
- Our fax: (937) 481-5324
- Our address: Chase Auto, PO Box 4420, Wilmington, OH 45177
I recently paid off my loan. When will I receive my title/lien release?
Your vehicle title will be released in 2–10 business days based on your method of payment for payoff and any applicable state law.
- To ensure the quickest release, we recommend that you make your payoff on chase.com using funds from a Chase bank account, by using certified funds such as mailing a cashier’s check or money order to the certified funds address on the back of your billing statement, or by making your payoff in a Chase branch.
- You may also pay off using other methods such as making your payoff online at chase.com using funds from a non-Chase bank account or by mailing a personal check to the standard payoff address on the back of your billing statement. These non-certified payment methods may not ensure the quickest release processing.
The title will be sent to the address that appears on your billing statements unless you have notified us of a different address.
Keep in mind: For electronic (paperless) titles, we’ll notify the state of the lien release and they’ll provide you with your title. (Florida requires the title to remain electronic unless the owner requests a paper title.) Contact your local state DMV for their completion times, because it varies state to state.
How do I get the title when I pay off my loan if my vehicle is titled in an electronic (paperless) state?
If your vehicle is titled in an electronic (paperless) state, we’ll release the lien electronically, and notify you when we’ve done so. Then, your state’s motor vehicle titling agency will mail a lien-free title to you, according to its own timeframe. (Florida requires the title to remain electronic unless the owner requests a paper title.) Contact your local state DMV for their completion times, because it varies state to state.
- Electronic (paperless) states include:
- Kansas (effective October 18, 2021)
- Michigan (effective July 15, 2021)
- North Carolina
- South Carolina
- South Dakota
What address will you send my lien release or title to?
We’ll mail your title or lien release to the address that appears on your auto account statements. Make sure to review your address with us and the DMV, and make any necessary updates before completing your payoff.
If your state’s Department of Motor Vehicle (DMV) has an electronic (paperless) title program and your record is held electronically, we’ll release our lien directly with the DMV and the DMV will generally mail the lien free title to the registered owner’s address, unless otherwise instructed.
Keep in mind: Florida doesn’t generate a lien-free title when the electronic lien is released. You can contact the state’s DMV to request a lien-free title.
How can I obtain a lien release if I lost my title?
To obtain a lien release, you can contact us through the Secure Message Center or by mail:
700 Kansas Lane
Monroe, LA 71203
You can also call Customer Service at 1-800-336-6675; We accept operator relay calls. If you’re deaf, hard of hearing, or have a speech disability, call 711 for assistance.
All requests should include the following information:
- your full name
- your loan account number, if available
- vehicle year, make and model
- Vehicle Identification Number (VIN)
- address where you’d like us to send the lien release
Can you send me the lien release by overnight mail?
You can choose to receive your title or lien release by regular or expedited mail service. This option is not available if your vehicle is titled in a state where we release the lien electronically.
If you’re paying off by mail, you can request expedited mail service by including your UPS or Federal Express account number in the same envelope with your payment.
Keep in mind: Expedited mail can only be delivered to a physical address, not a post office box (PO Box). Depending on your payoff method and what state you live in, we’ll send your title or lien release in approximately 2-10 business days after the payment posts using the mailing option you choose.
Whether you recently purchased a vehicle from a dealership or from a private seller, the process of titling your vehicle has never been easier thanks to MVD Express. Our goal is to make your experience with us as quick and comfortable as possible, which is why we offer consistently short wait times and all of the services you need. If you have questions about the documents you will need prior to visiting one of our facilities, don’t hesitate to give us a call!
Dealership Vehicle Titles
There are two things that you need to keep in mind if you are titling a vehicle that you recently purchased from a dealer. The first thing you will have to do is obtain the title of the vehicle from the lien holder. However, this is only applicable if you are financing your vehicle. Once you have completely paid off your vehicle, you will be able to remove the lien holder from the title.
Additionally, you will have to pay an excise tax at the time of titling your vehicle. An excise tax is charged as opposed to a property tax on your new vehicle. The excise tax is a certain percentage of what you paid for your vehicle at the dealership — in New Mexico, the excise tax is four percent.
Private Seller Vehicle Titles
If you purchased your vehicle from a private seller as opposed to a dealer, then you will still need to pay an excise tax on your vehicle. However, this tax is calculated based on either the price of the sale or the National Automobile Dealership Association’s (N.A.D.A.) listing price — whichever price is greater will determine the excise tax.
Discover the Expertise of Service at MVD Express!
Titling your vehicle is simple and easy thanks to the experts at MVD Express. If you have any questions about our services or you would like to learn more about how excise tax will affect your titling process, contact MVD Express or stop by one of our many locations throughout New Mexico. Life is busy, but we make it easy, so stop by today!
There are plenty of estates that do not need to go through probate. If real estate passes to intended heirs through a lady-bird deed (also called an enhanced life estate deed) or joint tenancy and if all bank /brokerage / retirement accounts all have pay on death beneficiaries in place, often the only other asset is the car or truck.В
In this scenario, it seems unnecessarily expensive and burdensome to have to go in front of a probate judge just transfer title on a car after the vehicle owner dies.
Luckily, you may not need to.
How to transfer title of an automobile after car owner has passed away?
Fla.Stat. В§319.28 sets for the procedure that will allow a surviving spouse or heir to obtain title to a car after the owner has died without having to go through probate:В
When the application for a certificate of title is made by an heir of a previous owner who died intestate [without a last will and testament], it shall not be necessary to accompany the application with an order of a probate court if the applicant files with the department [of motor vehicle] an affidavit that the estate is not indebted and the surviving spouse, if any, and the heirs, if any,have amicably agreed among themselves among a division of the estate.В
If the previous owner died testate [with a will], the applicant shall be accompanied by a certified copy of the will, if probated, and an affidavit that the estate is solvent with sufficient assets to pay all just claims or, if the will is not being probated, by a sworn copy of the will and an affidavit that the estate is not indebted.вЂќ [emphasis and comments added by the author of this article]В
Fla. Stat. В§319.28(c) says that,if a surviving spouse who would be entitled to the issuance of a certificate of title under 319.28(b) wishes to dispose of the vehicle rather than retaining it for his or her own use, the surviving spouse shall not be required to obtain a certificate of title in her or her own name, but may assign to the transferee the certificate of title which was issued to the decedent [essentially utilizing the above procedure].
So, without a will, if the surviving spouse and heirs all agree who should obtain title of the deceased individual’s vehicle, and the estate is not in debt, the person who will be receiving title to the car should:
- Fill out and sign the appropriate Application for Certificate of Title (links to forms below). As a helpful note, on form HSMV-82040, in Section 1, when it asks for the “Owner’s Name”В and “Owner’s Address” it is referring to the person who is receiving the new title. In other words, don’t put in the name of the original car owner who passed away. The deceased’s information will be on the death certificate. The rest of the form 82040 is fairly self-explanatory (VIN number, year/make/model of vehicle, title number, license plate, etc. ). The bottom of the second page requires the name and signature of ALL SURVIVINGВ HEIRS (if there is no Will) attesting that they all agree who should receive the new title to the car.
- Get an Original Certificate of Title for the automobile in question (if it is lost or destroyed, there is a box to check)
- Get a copy of the drivers license for the person who will receive the new title.
- Get a signed affidavit pursuant to Fla Stat 319.28, described above.
- Figure out the County Tax Collector’s fee (where the vehicle is currently registered). For example, in 2019, the Broward County Tax Collector charges $78.25.
- Mail all in to the County Tax Collector’s office.
If there is a Last Will and Testament get a certified or sworn copy (depending on whether the Will is put into probate) along with an affidavit that the estate is not in debt, one can accomplish the same goal.
Private tag agencies can assist with this process as well, albeit for a higher fee. But, I hope this has provided you with some answers to how to transfer title to an intended heir after a car owner’s death.
Transfer Vehicle Ownership without a Formal Probate Forms
Here is a Florida Department of Highway Safety andВ Motor Vehicle Form that allows a surviving spouse to apply for the transfer of title from a deceased spouse.
Another FDHSMV form for the transfer of title with or without a registration after the death of original title holder.
Hanna Kielar 4-minute read
January 25, 2022
What should you do if you discover errors on your car title when you’re prepared to sell? This is called a damaged title and can make it more difficult to conduct a transfer of title. While it’s best to check a title and correct any errors when you purchase, this guide covers how to fix a written mistake on a car title when selling your car.
Quick Car Title Error Fixes
- Contact your DMV in writing and let them know there’s an error on the title.
- Have the DMV issue you a duplicate title.
- If the previous owner is responsible for the title error, contact them and have them fill in the new vehicle title correctly.
- For errors that are your fault, make adjustments on your replacement title.
Car Titles Explained
A car title, also called a Certificate of Title, is a legal document that confirms proof of ownership. Having a car title is just as important as driving with a valid driver’s license, and you can’t register your vehicle in your state without one. In most states, you only receive a copy of your title when you’ve paid for the vehicle in full at the time of purchase or completed all of your loan payments.
Your car title includes important information, such as the make, model and year of the vehicle, vehicle identification number (VIN), your name and address, and the odometer reading at the time you took possession. The car title also states if there is a lienholder.
Titles with liens show that the vehicle is titled under the auto lender while you are making payments. When you have a loan on your car, you need to get the title cleared through the financing company before you can transfer ownership.
Common Car Title Errors
While some title mistakes are made on purpose by people with bad intentions, the majority are completely accidental. Since a car title is a legal document, everything on it must be accurate. Some errors you may find on a title include the following:
- The car title was signed, but never transferred.
- The date of sale is inaccurate.
- The odometer reading was incorrect.
- The buyer’s or seller’s name is misspelled.
- It’s an out-of-state title.
- The title is signed wrong or the title is signed in the wrong place.
If you have discovered any of these title errors, read on.
Title Errors When You’re The Seller
Any title mistakes you make when selling the car can have legal implications. Here are the most common errors the seller might make.
Seller Made A Mistake
It’s not uncommon for the seller to make a written mistake on the title, such as misspelling a name or writing down an incorrect number for the address or odometer reading. If you’re selling your vehicle and made a written error, the best solution is to go to your DMV and explain what happened. The DMV can issue a duplicate title so you’re able to start over.
Wrong Buyer Signature
You might have been excited to know that you had a buyer and made it all the way to the signing of the title. Then, for some reason, the buyer walks away from the deal. Now you find yourself with a title with the wrong signature. The best way to prevent this is to only allow the buyer to sign the title at the conclusion of the sale, when payment has been exchanged. If you made this mistake, it can also be rectified with a trip to the DMV.
Title jumping occurs when the vehicle is never registered under the new owner prior to exchanging hands again. This is an illegal practice, and if you never obtained a title when you bought your car, you need to title it under your name before selling it.
Title Errors When You’re The Buyer
You might not be able to properly transfer the title to your name when there are title mistakes, so make sure to review the title carefully before you complete the transaction. You can check the title status by entering the VIN in the National Motor Vehicle Information System, a nationwide database maintained by the U.S. Department of Justice. Here are the most common mistakes buyers make.
Damaged Title On Your New Car
It’s not uncommon for a buyer to complete the transaction and then notice during the transfer process that some of the information is wrong or inaccurate. Contact the seller and your DMV so that the seller can correct the mistakes with you.
Buying A Car With The Title Already Signed
If someone else signed the title before you did, the seller could have had another buyer prepared to purchase it, but they changed their mind. Unfortunately, this title error means you can’t register the car in your name. If you have the bill of sale and the buyer’s information, you can work with the DMV to find a solution, but it’s much easier if you get the seller to come to the DMV with you and then wait until a replacement title is issued.
Title Without The Seller’s Name
If you are buying a car, be wary if the current seller’s name does not match the vehicle owner’s name on the title. This issue, called title jumping, is illegal and is a sign of a scam, though it could also be an honest mistake. This is something that you must address with the seller before moving forward.
What Not To Do
So you made an error. You might be wondering, “Can I use white out on a title?” The answer is a hard no. Since a Certificate of Title is an official legal document, you need to go through the correct channels to alter or correct it.
The Bottom Line: Get A Flawless Title
A damaged title can delay the transfer of title to a new owner and create legal headaches. The best way to handle this issue is through prevention. Make sure that you have all the correct information on the title during the sale. If you do discover title errors, the best route to fix them is through your DMV.
Making sure your title is correct is not the only step in the vehicle selling process. Learn all about how to sell a car.
So you bought a car with no title and now you want to get a title in your name. Maybe you’ve been the victim of title jumping. What do you do?
If you can’t get ahold of the seller, you might think you have no options left.
You aren’t stuck yet. You might be able to get a bonded title.
What is a Bonded Title?
A bonded title is a regular title that is marked “bonded”. Maybe you have heard of a salvage title or a rebuilt title? Those are titles that have a title brand.
A bonded title is just a title with a “bonded” brand. It implies there is a surety bond attached to the title.
The “bonded” brand can be removed from the title in 3-5 years, and you can go apply for a clean title.
To get a bonded title, your local DMV will require you to purchase a Lost Title Bond (surety bond) as a form of insurance for them and any previous owners of the vehicle.
Further instructions are below for how the Bonded Title process works.
Car Without a Title – How to get a Bonded Title
Step #1: Check with your local DMV to make sure you are eligible
The only person who can tell you if you are eligible for a bonded title is your local DMV. Call and explain your situation. Ask if you are eligible for a bonded title. If they say yes, you can start the process to get a bonded title.
Here are step-by-step tutorials for all the states that allow for bonded titles:
If your state is not listed, it means it does not allow for bonded titles. Contact your local DMV for options on how to get a title for your vehicle.
Step #2: Purchase a Lost Title Bond
Before the DMV issues you a title, they want to ensure they are protected. This is why they make you get a surety bond.
You can apply for your surety bond online with a surety bond company.
Make sure you apply for the correct bond amount.
You only have to pay one time for your bond. Most people pay $100.
Surety Solutions, A Gallagher Company does not issue Certificate of Lost Title Bonds