The Expert Podcast

Okay, in this video, we're going to talk about the most commonly requested subject that comes up from callers to our private vehicle title helpline. This is the most frequently asked-for information, and it's what most people who contact us inquire about: abandoned vehicles. Most of the time, the person calling needs to get a vehicle title—a legal title document for a vehicle—and they think, "I'll declare it as an abandoned vehicle and claim it as such."

So, we're going to talk about that, look at the laws, and see how it works. One of the things you have to remember is that "abandoned vehicle" may not be the actual definition of the vehicle you're trying to get a title for. Once you declare it as an abandoned vehicle, it is permanently locked into that definition. This could prevent you from ever getting a title and may even permanently ban you from obtaining one. We'll look at the rules and, in many cases, explore better methods of getting a title than trying to claim it as abandoned.

If you think about it, where did you hear about abandoned vehicles? Probably just something you came up with, or maybe you read about it in a discussion group. It's not normally the best way to get a title. In fact, most of the time, if you declare a vehicle as abandoned, you will lose it forever to the government. So, before you say it's abandoned, make sure you understand the rules and review your options. There are often better alternatives. Let's take a look at a few examples in different states.

Remember, a title is a legal government document issued only by a government agency. You can't buy one from a company or download one from the internet. The government decides who gets titles based on their rules. In most states, the agency responsible is called the Department of Motor Vehicles (DMV). In some states, it's the Department of Transportation. Regardless, they have specific rules to follow. If the rules for abandoned vehicles say you can't keep the vehicle, then you lose it, and the government will seize it.

The rules for abandoned vehicles are derived from federal government guidelines, so they are almost identical across states. We'll examine a few states and their processes. Even if your state isn't one of the examples, you'll likely find that the rules are the same because they're based on national standards.

First, let's look at Pennsylvania. The state's Department of Transportation provides a fact sheet on disposing of abandoned vehicles from private property. Notice the focus on "disposing"—not "ownership." The terminology matters. Abandoned property means the owner has relinquished all rights, title, claim, and possession with no intention of reclaiming ownership. If you declare a vehicle abandoned, you're essentially saying the owner has relinquished all rights. If you're the owner, this could mean game over for your claim.

Section 102 of the Pennsylvania vehicle code defines an abandoned vehicle and presumes abandonment under circumstances like being left unattended on a highway for 48 hours, being illegally parked for 48 hours, or remaining on private property without the owner’s consent for over 24 hours. However, if you gave consent—like agreeing to store the car—this rule doesn’t apply. Without consent, you might be able to declare it abandoned, but even then, the options are limited.

Methods for disposing of vehicles include contacting a police department to declare the vehicle abandoned and having it removed by a salvage yard. Alternatively, the property owner can move the vehicle to a storage facility or request a court order to award ownership. However, you cannot claim storage fees unless you are a licensed storage facility. Even repair costs require a court judgment to recover.

In Texas, the rules are similar. If a vehicle is abandoned, the storage facility must report it to law enforcement within seven days and pay a $10 notification fee. Law enforcement will then take custody of the vehicle. If you fail to report it, you lose the right to claim storage fees. In California, private parties cannot use the lien sale process unless they are licensed repair or towing facilities. Private property owners must have vehicles removed—they cannot claim ownership directly.

So, where does this leave you if you want a title for a vehicle? Forget about claiming it as abandoned. Of the 3,611 counties in the U.S., only about five allow "finders keepers" claims, and even then, the DMV will likely try to take the vehicle back or return it to the original owner or lienholder. Instead, consider petitioning the court for a court order title. Courts have authority over the DMV and can compel them to issue a title. A court order is more powerful than an abandoned vehicle claim and offers better protection against challenges.

In summary, filing for an abandoned vehicle title has about a 5% success rate and can permanently block other options. Declaring a vehicle abandoned is risky, and you’re more likely to lose the vehicle altogether. Instead, pursue a court order title for a stronger, legally binding claim to ownership. Cars are not like lost $20 bills—they are titled assets with strict regulations.