bravenrace
bravenrace Dork
8/27/10 6:40 a.m.

I have a title problem. I bought a car a couple years ago in New York. It was a basket case car. I was careless and didn't look close enough at the title. Because it was a project, I also got lazy and didn't transfer the title. Now I want to sell it and I noticed that the previous owner didn't transfer the title either (I know, I know - bows his head in shame). On the back of the title, the owner before him signed it and also wrote in his name as the buyer. So I have a New York title name of the previous owner, signed over to the owner I bought it from, and no way to contact him now. I'm reluctant to go to the DMV without knowing what to expect. Any advice?

jrw1621
jrw1621 SuperDork
8/27/10 6:50 a.m.

Taken from here (middle of third column):
http://www.bmv.ohio.gov/registration_buy_used_vehicle.stm

There is a penalty if the new owner does not change the title into their name within 30 calendar days from the date of assignment. The penalty is $5.00 in addition to all other appropriate fees.

I think your real issue is you need to find a notary who will stamp the title you have and complete the New York to Ohio purchase.
The owner must release his/her ownership in the vehicle. This is done by signing the appropriate space on the title. All persons listed on the title must sign it in the presence of a Notary
Do you know anyone who is a Notary but is not a stickler for the rules?

  1. Find Notory and complete NY to Ohio sale.
  2. Head to Title office and pay massive $5 penalty.
  3. Pay to get it registered in your name and the taxes that goes with it. Be sure to under value the purchase price of the car so as to keep the taxes paid as little as reasonably possible.
PubBurgers
PubBurgers Dork
8/27/10 6:58 a.m.

So the seller info written is the the second previous owner and the buyer info is the previous owner?

If that's the case it's gonna be tough, even if you do get it notarized. Sorry, i can't really think of anything to help if that's the case.

jrw1621
jrw1621 SuperDork
8/27/10 7:18 a.m.

Forget the guy you bought it from. You need to look as if you bought it from the original guy on the title. That original owner began to sell it to another guy, and even wrote in the potential new buyers name, but that transaction never went through. Nowhere legally did the guy you bought it from legally own it so take him out of the picture.

If I understand it correctly, it is the Notary who witnesses the "authenticity" of the document. Once it is Notary stamped then it is considered "authentic".
I think the Notary is the "gate keeper" not the title office.
I believe the rules of Notary allow for a name to be crossed out and replaced with another name but that cross out can only be with one line passed across the name.

Do not change or write on the title at all but find a "good" Notary.

stan
stan GRM+ Memberand SuperDork
8/27/10 7:28 a.m.

I'd call the DMV (maybe one in Columbus?) and run it by them. They will give you the correct way (hopefully) to get the title in your name. I wonder if it will get sticky since your name isn't anywhere on the title you have. Might be easier to just try to get a new title (since you've "lost" this one....).

Which car are you selling?

Fletch1
Fletch1 Reader
8/27/10 7:40 a.m.

My wife is a notary. She actually has two to do this weekend. She's off work today. I'll try to call her.

Fletch1
Fletch1 Reader
8/27/10 7:52 a.m.

My wife said it was title jumped and you would have to get a hold of the last owner. It sounds like it was never officially transferred over in the last owners name? He should have put it in his name and payed the tax and title fees and then put you as the buyer.

jrw1621
jrw1621 SuperDork
8/27/10 8:02 a.m.

Your wife is a good woman who follows the rules.

Seller 1 (S1) guy with name and signature on title
Seller 2 (S2) the guy you bought it from who's name is only printed on the title.
Seller 3 (S3) bravenrace who is trying to sell it today.

I think your wife suggests that S3 return the paper to S2 so that S2 can complete transaction in NY and thereby pay NY penalties (if any) and NY fees/taxes for purchase.
Now S2 will provide S3 with a true title.
S3 will then take title to Ohio office where he will pay fees/taxes to recieve a clean title.
S3 will then have clean paper to sell it.

If you really do go this route...
Have S2 gather the name and info of S3's buyer. Bypass the fact that the car has been stored in Ohio for many years and on paper have S2 sell it to the buyer.

Clarified:
S2 to S3 cost money and time.
S3 to Buyer cost money and time.
Since S3 never really owned it and that formal transaction needs to take place between S2 to S3, why not just forgo one step and have S2 formally sell it right to the new buyer. Some money and time will be saved. The closest thing we have to a current legal owner is S2. Seems that S3 has just been storing S2's car for a few years now.

Fletch1
Fletch1 Reader
8/27/10 8:11 a.m.

In reply to jrw1621:

That all makes sense. The very end of your statement I'm not sure about since I don't understand all the rules.

bravenrace
bravenrace Dork
8/27/10 8:42 a.m.

Thanks guys. But what if I can't locate the last owner?

Fletch1
Fletch1 Reader
8/27/10 8:48 a.m.

In reply to bravenrace:

I guess I would try talking with the BMV. My brother bought an ATV from down south and he didn't get a title when he got it off ebay. His wife worked at it and eventually got one. There's hope, but you'll just have to work at it. Good luck. If I find anything else out, I'll let you know.

jrw1621
jrw1621 SuperDork
8/27/10 10:10 a.m.
bravenrace wrote: Thanks guys. But what if I can't locate the last owner?

Do not change or write on the title at all but find a "good" Notary.

aussiesmg
aussiesmg SuperDork
8/27/10 10:12 a.m.

what he said

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