The Expert Podcast

So how do you avoid and prevent vehicle title problems, and how do you solve a vehicle title problem when you get one?

A vehicle title is a legal government document issued only by a government agency. You can't buy one from a company, and you can't download one from the internet. You have to get it from the government.

Now, if you have a car that's titled in your name, the government has your name in their records as the owner. So if you lose that title certificate or it gets misplaced or damaged, you can actually go to the government and say, "Hey, this car is in my name. I lost my title. Give me another one." They’ll look it up in the system to make sure your name is on the record, check your ID to confirm you’re the rightful owner, and then issue you another one. There may be a nominal fee, around $20 or $30, something like that.

But if the vehicle is not in your name, now it's a bigger problem. Let’s say you buy a vehicle from Craigslist or Facebook, and the seller doesn’t give you a title. Or maybe they do, but you lose it before switching it to your name. Now you have a problem because the title record with the government agency that issues titles doesn’t have your name on it. They don’t know you’re the owner. They have no way of knowing you're supposed to have that car.

You might have a receipt showing you bought it—maybe a bill of sale or a text message saying, "Hey, I bought this car." But you’ve got to remember, the DMV or the title organization in your state is not allowed to grant you a title just based on a text message or even a bill of sale. A bill of sale is just a receipt that you gave somebody some money, but it doesn’t prove that they were the legal owner.

So what do you do? Well, there are a few processes you can use to get a title if you don’t have the right paperwork. Many states allow for a bonded title, where you sign an affidavit saying, "Look, I swear I bought this car. This is my car. I’m supposed to have it." If you sign an affidavit confirming that you bought the car fair and square, they may take your word for it—but you’ll need a surety bond as a backup document.

Another option is what's called a magistrate title. This allows you to bypass the DMV. We’ve all dealt with the DMV, and we know how much bureaucracy is involved. They have strict rules, and if you don’t have everything 100% correct when you go there, they can’t issue you a title. When I say DMV, I mean the state agency that handles vehicle titles. Most states call it the Department of Motor Vehicles (DMV), but some states use the Department of Transportation, the Secretary of State, or even the County Sheriff or Tax Collector’s Office.

Whatever agency handles titles in your state, they can’t just hand out a title based on your say-so. If you don’t have the right paperwork, they’re not allowed to issue one. But you can bypass them by going to the local court and filing a petition of ownership. If the court grants you a judgment of ownership, you can use that to obtain a title. It can be tricky because you need to prepare the right documents, but sometimes it's better than dealing with the DMV.

If you need more help, our website, cartitles.com, provides step-by-step instructions. If you have a particularly tricky situation—such as a lienholder, a deceased owner, or a mechanic’s lien—you can also speak with a certified title agent for guidance.

Maybe you're having trouble getting a duplicate title because you moved from one state to another. Many things can come up, but it’s crucial to track the location and validity of all your car titles for any vehicles you own. Check them every year or two to make sure they’re still in your file cabinet or safe. If they get lost, replace them as soon as possible.

If you’ve purchased a vehicle but haven’t transferred the title to your name yet, do it as soon as you can. If you lose a title that’s still in someone else’s name, it can be very difficult to resolve later.

Thank you for watching another episode of Actual Human Advisory on Describ TV. Remember, we offer live one-on-one consultation appointments at actualhuman.com, where you can book a private video call with experts in various fields.

You can consult with a licensed investigator, a licensed insurance broker, a mortgage broker, a real estate broker, or even a certified real estate title examiner. I’m also a certified civil court mediator and have developed and sold multiple businesses for millions of dollars. If you have questions in any of these areas, book a one-on-one live consultation using the link below.

We’ll see you in the next video!