How to Resolve Issues When Your Car Title is Under Someone Else’s Name
It can be a frustrating experience when you find out your car title is under someone else's name and you can't register your car. This issue can arise in various scenarios, such as when the previous owner has left the country or gone into hiding. If you are unable to locate the previous owner who sold you the car, taking the right steps can help you resolve the issue. Here’s how to navigate this situation.
Understanding the Problem
When you purchase a vehicle, the seller is responsible for providing you with the title. Sometimes, the seller might not have the title, or they might know something is amiss with the title. In Indiana, you may need to file a small claims suit against the Bureau of Motor Vehicles (BMV) to get a title issued in your name. Here are the steps you can follow to resolve this issue:
Filing a Small Claims Suit
Visit the BMV and present your case. Explain that you cannot locate the previous owner and provide documentation to support your claim. You may need to provide a legitimate receipt or a convincing story to back up your claim.
The BMV typically doesn’t send representatives to small claims hearings. You will need to argue your case and persuade the judge. Prepare yourself with all the necessary documentation and evidence to support your argument.
Although Indiana’s process is unique, other states may have similar procedures in place for similar situations. Be sure to check the regulations in your state.
If the BMV has a record of the previous owner, they may have a different procedure. Contact your license branch or visit their website for specific instructions.
Alternate Solutions
On the other hand, if the BMV does have a record of the previous owner, there may be alternative procedures. Here are some steps you can take:
Check if the vehicle has been abandoned. Many states have procedures to obtain title for vehicles abandoned on your property. Follow the procedures and documentation requirements for such situations.
If the DMV is unable to assist you, consider visiting a DMV in a neighboring county. This might provide you with more flexible options.
Leave your identification in the glove box, go to the DMV and explain your situation. They may have a solution or instruct you on what to do next.
Working with the DMV
If you have not registered the car, you can still take several steps to resolve the title issue:
Visit your local Department of Motor Vehicles (DMV) and explain the situation. They may have procedures in place for such cases.
Provide the DMV with the vehicle identification number (VIN) and license plate number. This can help them trace the history of the vehicle.
Check the title transfer process in your state. Each state has different regulations about transferring ownership and registering vehicles. Follow the state-specific procedures.
Additional Steps to Resolve the Issue
If the above steps do not resolve the issue, here are additional steps you can take:
Obtain a bill of sale if available. Gather any documentation from the vehicle purchase. This can help prove that you are the legitimate owner.
Apply for a duplicate title. This usually requires filling out a form and paying a fee. The DMV may require additional information about the previous owner or the transaction.
Submit an affidavit of ownership if you cannot locate the previous owner. This is a legal document stating that you own the vehicle, which may need to be notarized.
Ensure there are no liens against the vehicle. Request a lien search through the DMV or a title company.
Consult a lawyer specializing in automotive or property law if you are unable to resolve the issue through the DMV. They can provide legal guidance and assistance.
Report any fraudulent activity or suspicious actions to local law enforcement if you suspect something is amiss.
Keep records of all your communications and efforts to resolve the issue. This documentation can be essential if you need to escalate the situation.
By taking these steps, you can navigate the process of getting your car registered despite the title issues. Remember, the key is to be thorough and proactive in gathering evidence and following the appropriate procedures in your state.