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Title Questions?


Geeto67

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Hey all,

 

So I am researching a title transfer issue and hit a dead end. Before I actually call up the title office, I thought I would just ask here and see if anybody has been through this before.

 

I am working on purchasing an old vehicle. The seller filled out the assignment portion of the title in his name and even had it notarized, but never actually transferred the title into his name. Can I as the recent purchaser transfer the title into his name, and then transfer the title into my name? If so how?

 

To complicate things, the seller lives in AZ right now so he's not even in the state anymore.

 

so, thoughts?

 

Are there third party services that will go to the Title office for you? Or does the buyer have to be present?

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what state is the title currently issued in? that is step 1

2: If it is a ohio title he can not legally sell the vehicle to you because until it is fully in his name he technically does not own it. The previous owner could have filed for a lost title and have a duplicate printed title for all you know.

 

YOU can not put the car in his name that is something he has to go and do then after the new title is issued legally with his name on it then he can fill out the sellers portion and sell/ transfer the car to you

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what state is the title currently issued in? that is step 1

 

Kentucky. It's an old title too, so there is a good chance the previous seller may no longer be with us (I don't know that for a fact, but It happened to me with a NY Title), or very difficult to track down.

 

 

2: If it is a ohio title he can not legally sell the vehicle to you because until it is fully in his name he technically does not own it. The previous owner could have filed for a lost title and have a duplicate printed title for all you know.

 

Of this am I aware. I can run the vin through NICB for stolen, and am looking into how to check in KY for a current registration. Still, the engine and frame are both there and the bike is old enough there wouldn't be another serial number on another part to use so it's pretty safe to assume that there isn't a duplicate title floating out there.

 

YOU can not put the car in his name that is something he has to go and do then after the new title is issued legally with his name on it then he can fill out the sellers portion and sell/ transfer the car to you

 

Are you sure about that?

 

I found this form on the BMV website for a granting of power of Attorney for the purposes of vehicle title:

http://publicsafety.ohio.gov/links/bmv3771.pdf

http://www.bmv.ohio.gov/forms-titles.aspx

 

Usually, car dealers and title agents have you sign these so they can transfer titles into your name on your behalf when you buy a car. But there is nothing saying it has to be a dealer. which is why I asked if there are services who go and title cars on your behalf if you pay them. I've not seen ads for them, but they exist in other states. If so, I could hire a service to go transfer title into his name and return the paperwork to me, and since they have power of attorney, they could also sign over his interest in the title to me as well. I mean, in theory it would work, right? but has anybody done it?

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I am going to try an clarify the situation because I may have caused some confusion:

 

I am trying to buy an old motorcycle. The Seller is a former ohio resident now living in arizona. He has a Kentucky title that was signed and notarized with him as the buyer when he bought it, but never transferred into his name. The bike is in possession of his nephew, who just wants it out of his storage space.

 

I have no reason to believe it is stolen. No money has changed hands yet. even if I can't get the title, I can part it out, but having a title makes a big difference in the value and timeline. As long as I am going to own this thing one way or the other, I might as well try and figure this out so walking away is not an option.

 

My fall back option is to register it in NY, which uses a transferable registration for vehicles this old. There is no notary required, he just has to send me an affidavit of ownership (MV-51B NYDMV form). The problem is I have to plan a trip back to NY to do this in person since the ownership paper is title and registration (and plates) in one transaction and I can't do first time transferable registrations through the mail.

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If the back of the title looks like this- you **may** be able to toss you name on there and have Ohio issue you a title

 

http://www.carsforprostatecancer.org/titles/kentucky_2_back.jpg

 

If there is only ONE spot for assignment- he 100% has to take title.

 

 

Yes, you can take title FOR him, and assign TO YOU without him present. You need a very specific set of documents form the BMV all of which have to be notarized to do this. All this info brought to you by Coltboostin used car sales emporium. ;)

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I see now. I went through this once, if the title's not in his name then it's not his bike to sell. Have him see if he can submit the old title for a new one in his name via mail. If not, deal with the previous owner.

 

This, it legally is not his to sell because it is not in his name. Sorry I was also in aware it was a bike and the law of transferring it directly into your name might be different but I would doubt it.

 

This is why people should just do things the correct way to begin with and you won’t have 4,000 hoops to jump through

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I see now. I went through this once, if the title's not in his name then it's not his bike to sell.

 

 

Yes and no.

 

Some states allow multiple "sales" to be notated on the back of a title. There are NON NOTARY states though- so they fact he is saying its Notarized likely means hes currently fucked.

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Yes and no.

 

Some states allow multiple "sales" to be notated on the back of a title. There are NON NOTARY states though- so they fact he is saying its Notarized likely means hes currently fucked.

 

Correct here, PA is the only close state I know of that is non notary

 

You could jump through hoops and file maybe for a “lost title” but good luck going that route as I know others who have and it is a long long drawn out process

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As far as I can tell Kentucky is a notary state. However, it's interesting in that you don't need 1 notary to witness 2 signatures. The seller signs the front of the title and it gets notarized. The buyer signs the back and can use a different notary to witness their signature.

 

Not sure how this helps yet but I thought it was interesting.

 

NY is a non notary state, and I don't need a title for a pre 1973 vehicle. I'm going to have the seller fill out the forms just in case I need to make a trip back and get ownership papers that way.

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If the previous buyer never flipped the title, I would guess the sales tax is still due. Hopefully the sale price was not too high.

 

cheap enough that I could pay his tax, my tax, and still make a profit.

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BTDT. NM title, in 3rd person's name, signed and notarized into 2nd person whom I bought from, with bill of sale and title in hand.

 

When I did this 10 years ago, I had to send a registered letter to the current address of current title holder (run a title search? if you don't have his address) offering to give him possession of his (titled in his name still) vehicle if he pays me transportation, etc for me to let it go. THEN after no response for something like 6 months? I forget, you can go before a judge that decides to grant you a title, or not.

 

It's a bit of work, and you still may not end up with a title. Much easier to have a friend in a lenient state like Michigan get a title for you then transfer it to you to get an Ohio title. Or, if you have a friend that owns a shop have them put a mechanic's lien on it and acquire through their channels.

 

It's been a long time so I may not be remembering 100% but Ohio is a mega-douche for titling cars and bikes.

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Much easier to have a friend in a lenient state like Michigan get a title for you then transfer it to you to get an Ohio title. Or, if you have a friend that owns a shop have them put a mechanic's lien on it and acquire through their channels.

This is my fall back position. NY lets me title 1972 and older vehicles (of which this is) with a bill of sale and 2 DMV forms. No notary, no paying two sets of taxes - as long as it isn't already in their system with an active ownership paper I can mail my brother the paperwork and get him to run over to the NY DMV for me. The downside is I have to pay insurance on it (which is $25 to add it to my classic bike policy)

 

It's been a long time so I may not be remembering 100% but Ohio is a mega-douche for titling cars and bikes.

 

I'm getting that feeling. Still, I like knowing the Ohio title process for weird situations because if I can figure this out it is an opportunity to both help others, and pick up vehicles with title "problems" I can cure for cheap.

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