Friend needs help with title

[-83MONTESS-]

So I have a buddy with an 83 Mustang he bought a few years back off the mother of one of our friends who was killed in a motorcycle accident. The car had too much sentimental value to not buy even though it was a roller that needed some work. Our late friend bought the Mustang in 2010 from the original owner. We were there and witnessed it the transaction. Well fast forward a few months and the title is no where to be found, was never switched over, no bill of sale and the previous owner passed away.

Our buddy passed away shortly after that without any sort of progress on the title issue. My friend who currently has the car is trying to get a title but has none of the paper work needed. At all.

My question is first anyone here been in a similiar situation? How does he go about getting a title for this thing so he can legally drive it. He has an 80 Mustang parts car that I guess he could *cough cough swap vins with. Like I mentioned the sentimental value with this car is beyond replaceable. Car didn't change states and was never totalled out if it matters. Any help is appreciated....

 

[Ribbedroof]

My advice on this, as always, is to ask whatever agency handles vehicle titling IN YOUR STATE.

There will be all kinds of responses from forum posters, most of which will not have any bearing on your state's procedures.

Some possible avenues are storage lien, judge's order, bonded title, but the only way to know is to contact the proper state/local agency. Some states, it's relatively easy, others not so much.

The *cough cough* solution is nothing anyone in their right mind would want to get involved with.

I also think this is a good reminder for people to take care of the paperwork before any REAL money is put into a project. Not busting your balls on it, just a good time for a reminder so others don't have the same situation arise

And sorry about the loss of your friend, older we get the more often it happens, it seems.

 

[-83MONTESS-]

My advice on this, as always, is to ask whatever agency handles vehicle titling IN YOUR STATE.

There will be all kinds of responses from forum posters, most of which will not have any bearing on your state's procedures.

Some possible avenues are storage lien, judge's order, bonded title, but the only way to know is to contact the proper state/local agency. Some states, it's relatively easy, others not so much.

The *cough cough* solution is nothing anyone in their right mind would want to get involved with.

I also think this is a good reminder for people to take care of the paperwork before any REAL money is put into a project. Not busting your balls on it, just a good time for a reminder so others don't have the same situation arise

And sorry about the loss of your friend, older we get the more often it happens, it seems.

I guess I left out the most frustrating part of all this. We have taken every avenue we could think of to get this taken care of. Talked to just about every agency about it, every bureau, etc... Still getting no where.

In hindsight it was stupid to buy it without taking care of the paper work. We were dumb kids with minds on spending money elsewhere like engines, etc... I don't think any of us imagined this being such a pain in the *ss and if the previous owner was still alive it would be done and taken care of. With no bill of sale or anything people talk to us like the car was stolen. No one wants to help.

 

[ck80]

The way I see it, you have basically 4 courses of action.

One, look into the bonded title and storage lien rules for where the car is, and determine what it takes to get a court to issue paperwork for the car. Might be able to pursue it as abandoned property.

Two, the current "owner" of the car writes a bill of sale to someone who lives in a title exempt state. Vermont doesn't look for or at titles on old cars and is title exempt before the late 1990s. When I lived there briefly in the mid 2000s when registering a titled vehicle from 1979, in the state capital Dmv branch no less, they only wanted the bill of sale and wouldn't even look at the old title... their computer wouldn't ask for the old title number. After registering in the title exempt state you then use the special forms and procedures for your state when importing a vehicle from a title exempt jurisdiction, every state has one, you just use the previous registration and bill of sale from the other state, plus special forms and inspections. BEWARE: do not just pick any "title exempt" state as some of them do use computer systems that check for prior open titles. Do your homework.

Three, if the surviving relatives know you bought the car, and are cooperative, go to your local probate court and have some petition to open/reopen an estate administration in the name of your friend. Check the local rules and requirements. The administrator, once appointed, can act as if they were your friend, apply for duplicate title, then sign over the car on the duplicate title. Every state is different for how you open, get appointed, and close the estate. Risk is other creditors may lay claim to the car as an estate asset if he owed money, so be prepared to document claims, etc.

Four, and I haven't used them, there are companies that exist more for antique cars that will deal with the bonded title or exempt title registration and transfer to a title state and get you a title for a fee.

I won't even address the ides of swapping anything from a donor car to get it registered. Too many issues problems and pitfalls there. Do NOT do that.

 

[Bonnewagon]

I too made the mistake of buying a car from a dead guy. Luckily I had the old unusable title and it only took 6 months of paperwork to establish a title in my name. But with no paperwork the only legal way is as described- get the person with power of attorney to request a title and transfer that to you. Now, I don't want to condone illegal behavior, BUT. I once was in a similar bind. What I did was buy a parts car, and transfer that car's VIN to my car. luckily our G-bodies are unique in that the dash pad covers hide the unique star shaped rivets used to attach the VIN plate so with a cursory check it looks fine. The real problem for me was getting rid of the parts car which now had the bad VIN from my car. I had to give it a quick latex paint job to match my car's registered color. Then I filled it with car crap so that no one really cared to check very closely. Off it went to the crusher. If anyone wants to flame me, this never happened. "cough cough" Also- DO NOT TELL ANYONE WHAT YOU DID!!!!!

 

[deanlemans81]

If the title was never changed from the late owner, how was is estate settled. The ownership may have been already transfered to someone else at that time like a parent. Here in Quebec, if I pass without a will, My wife gets ownership of eveything. If I'm not married and have a child, they get it. I I have no wife or children, my parents automatically get my stuff if they are still alive. I don't know how things work in Ohio but the title may have passed to someone else or the state automatically. I would start there. The current legal owner may be willing to just sign it away or re-sell it. They may even be *ss-holes and declae it stolen.

 

[Bar50]

Title service company.
Storage lien (might ask a local tow service hoe much they would charge).
Consider pawning the item and then getting it out (for the sole purpose of paperwork or ask a pawn broker).

Here, if the vehicle is over 10 years old, a notarized (witnessed) Bill Of Sale from the last registered owner to the buyer will get you a title*
They also offer a process called "A lost assigned title" where the buyer did not get the title transferred and it was lost or damaged, it basically uses the notarized bill of sale.

May I ask if it is still in the same state where it started?

There is also a process where the vehicle is inspected and gets an assigned state issued VIN.

 

[pontiacgp]

Who is the executor of the estate of the registered owner of the vehicle, they would have the authority to do what is needed to transfer the title of the car. Or the beneficiary of the property of the deceased has the authority transfer the title

 

[tkruger]

NY has a time consuming program where through the DMV they attempt to contact the prior owner. If no contact can be made and no insurance claims exist they will issue a title. This is time consuming and requires footwork. I do not know if your state has this.

I found out when I purchased a car with a title that had the ladies maiden name on it. She had the car re-registered in her husbands name so the title I had was void. Luckily the original owner was there to verify the sale. I was told if they were not then after X attempts over a period of time a new title would be issued.