Hidden Treasure or Legal Nightmare? The Complete Guide to Claiming Vehicles from House Cleanouts
Download MP3Episode Description
Learn the proper legal process for obtaining vehicle titles when you discover cars during property cleanouts, foreclosures, estate cleanings, or storage unit purchases. This episode covers why vehicle ownership doesn't automatically transfer with property and the specific steps needed to legally obtain a title through the court system.
Key Topics Covered
- When This Applies:
- Cleaning out foreclosure properties
- Estate cleanouts for deceased property owners
- Flip house renovations where vehicles are discovered
- Storage unit purchases (like Storage Wars scenarios)
- Finding motorcycles or cars hidden in barns or garages
- Why Property Deeds Don't Transfer Vehicle Ownership:
- Motor vehicles are "titled assets" requiring separate transfer documentation
- Property deed only transfers house contents like furniture and yard tools
- Vehicle titles must be specifically mentioned in property transfers to convey
- Possession of a vehicle does not equal legal ownership
- The Legal Reality:
- Having keys, VIN numbers, or bill of sale doesn't establish ownership
- DMV cannot transfer titles without proper legal documentation
- Previous owner may be deceased, missing, or unreachable
- Title document serves as specific legal vesting of ownership
- The Declaratory Judgment Solution:
- Court-issued paper declaring you the legal owner of the vehicle
- Required when original title is unavailable or unsigned
- Must be filed in the county where you reside
- Involves petition and affidavit explaining how you obtained the vehicle
- The Process Requirements:
- No pre-made court forms available for this specific request
- Must create custom petition package with supporting documents
- Include petition, affidavit, and declaration of facts
- Mail documents to court rather than appearing in person
- Court researches claims to verify legitimacy and prevent fraud
- What Happens Next:
- Court reviews documentation and investigates your claims
- Verifies vehicle isn't stolen and no outstanding claims exist
- Issues judgment of ownership if everything checks out
- File court judgment with DMV to receive official title
- Important Considerations:
- Process varies by county and state
- Professional title services and consulting available
- Same process applies to motorcycles and other titled vehicles
- Legal ownership must be established before DMV can issue new title
Resources Mentioned
- CarTitles.com for detailed instructions and education
- Title service options for professional paperwork assistance
- Live video consultations with certified title agents
- ActualHuman.com for one-on-one expert consultations
