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post #1 of 11 (permalink) Old 05-20-2009, 10:13 PM Thread Starter
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lost/no title in la. question

Okay, I have two project cars without titles, both of which looks like i'll never find or have the original title or duplicate. I went to a place called title works in Lake charles, la. to pick up tags for my truck and I asked the girl there about it. SHE tells me "Ownership is nine-tenths of the law" If you have owned them for at least ten years, and you have a bill of sale, you don't need the middle man, and don't have to chase down last registered/titled owners. Being she isn't the DMV, has anyone else heard of this??......Is this true?

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post #2 of 11 (permalink) Old 05-20-2009, 10:19 PM
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Smasher,

I can't speak for US law, but here in the great white north, all I needed was a bill of sale and a sworn affidavit for your law talkin guy(lawyer). I've done it a couple of times.

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post #3 of 11 (permalink) Old 05-20-2009, 10:30 PM
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Smile titles

in ala. if it's pre 75' you can get a tag. with that you can get a title in other states. i don't know if this helps. i've heard of some internet sites that can get you a working title.

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post #4 of 11 (permalink) Old 05-20-2009, 10:41 PM
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seems like it's pretty easy to me, as follows from the LA state database:
AUTHORITY
R.S. 32:707

DEFINITION
A certificate of title is the official negotiable document of ownership for motor vehicles.

REQUIREMENTS
New Previously Unregistered Vehicles
DPSMV 1799 form (application for certificate of title)
The form must be completed and signed by applicant.
The block indicating applicant's principal residence is within the corporate limits of a municipality MUST be checked "YES" or "NO."
The parish field MUST be completed on the form or the file will be rejected.
If a manufactured home is used as a residence, the block MUST be checked "YES", or "NO. Indicate if the manufactured
home is used as a residence by checking the "YES" or "NO" block.
Manufacturer's Statement of Origin
Must be assigned before a notary by the licensed dealer to the applicant.
If the dealer selling the vehicle is located in a state that does not require notarization, the file will be accepted without the MSO or invoice being notarized.
The make of a manufactured home will be accepted as indicated by the dealer or lien holder on the DPSMV 1799 form.
Itemized invoice from dealer to purchaser, showing complete description (make, year, model, body style, and vehicle identification number) of the vehicle sold, vehicle traded-in (if any), and the dealer's current permit number. If either the invoice or statement of origin is notarized, the file will be acceptable. However, the invoice must be notarized if a tax credit is shown. Exception: if the state is a non-notary state, then the invoice is not required to be notarized.
Properly completed and signed odometer disclosure statement.
Original or copy of properly completed UCC-1 form (financing statement), or other security agreement, if a lien is to be recorded.

Transfer of a Used Vehicle/Louisiana Title
DPSMV 1799 form (application for certificate of title) must be completed and signed by applicant. The block indicating applicant's principal residence is within the corporate limits of a municipality MUST be checked "YES" or "NO." The parish MUST be written in the field indicated on DPSMV 1799 form or the file will be rejected. If vehicle is a manufactured home and is used as a residence, the block MUST be checked "YES or "NO."
"Current" certificate of title assigned before a notary by seller to purchaser, with the properly released lien, if applicable. If the bill of sale, invoice, or title is notarized, the file will be acceptable
If the vehicle is less than ten (10) years old and the back of the title does not contain an odometer disclosure statement, a supplemental odometer statement must be submitted.
Act of Donation must be notarized.
Notarized bill of sale or invoice specifying the actual consideration involved and full description of vehicle. If an invoice from a dealer is submitted, the full description of the trade-in vehicle (if any), and the dealer's current permit number. If the bill of sale, invoice, or title is notarized, the file will be acceptable. If a tax credit is shown on an invoice, the invoice must be notarized. Exception: if the state is a non-notary state, then the invoice is not required to be notarized. A separate bill of sale is not required if the selling price is included on a title with a notarized assignment.
Original or copy of properly completed UCC-1 form (financing statement) or other security agreement, if a lien is to be recorded.
Proof of liability insurance coverage as required by law, unless the vehicle was purchased from a dealer.

Transfer of a Used Vehicle/Out-of-State Title
Same requirements as listed above plus the following documentation:
If the documents were notarized out-of-state, the file will be acceptable, since it is assumed that the registered owner shown on the out-of-state title is not a resident of Louisiana. Several states do not require notarization of all or some title transfer documents. If an un-notarized bill of sale is received but the assignment of title from the registered owner is notarized out-of-state, this will suffice as proof of nonresidency of the seller. If neither the bill of sale or assignment of the title is notarized, a notarized affidavit is required from the registered owner indicating that he is not a resident of Louisiana
If the documents submitted were notarized in Louisiana, it is assumed that the registered owner shown on the out-of-state title has become a resident of Louisiana and must pay use tax. A "double transfer" will be processed and tax are due on both transactions.
Exemptions from this procedure will be acceptable if:
the registered owner listed on the out-of-state title provides a notarized affidavit of non-residency in Louisiana and states his true out-of-state address; or
the registered owner listed on the out-of-state title presents his out-of-state driver's license.
If the vehicle is less than ten (10) years old and the back of the out-of-state title does not contain an odometer disclosure statement, a supplemental odometer statement must be submitted.
If a dealer buys a vehicle with an out-of-state title for resale purposes (not on trade), an affidavit to this effect is required from the dealer.
An out-of-state title indicating alternate ownership may be transferred with one of the titled owner's signatures if only one signature is required by that jurisdiction.

FEES
Applicable title fee
Handling fee
License plate fee
Mortgage recordation fee and sales/use tax


RELATED POLICIES
Section IV 7.0 Open Titles
47.0 Sales Tax on Vehicle Transfers
52.0 Act of Donation
69.0 Fees
80.0 Required Odometer Statements




--------------------------------------------------------------------------------

PROCEDURE:

--------------------------------------------------------------------------------

Transfer of a Used Vehicle

Out-of-State Title
The nonresident's driver's license number and state of origin shall be notated in the file
DO NOT include a copy of the driver's license with the file.
If an out-of-state driver's license is presented for identification, a notation must be made on the DPSMV 1799 form.
If the customer disagrees with the amount of tax owed according to TaxWatch, he should be advised to contact the taxing authority to obtain written verification of the correct tax information.

Although the required documents and fees for obtaining a title in normal situations are outlined, it is important to note that some deviations from, or exceptions to these normal transactions may occur. Specific policies devoted to these deviations must be referred to for proper procedures.

Domicile Code Locator Service
The domicile code locator service (currently TaxWatch) will return an entry as being either a hard hit or a soft hit as defined below:

SOFT HIT - TaxWatch does not recognize the address entered on the mapping system and submits a domicile code based on other criteria.
HARD HIT - TaxWatch determines the domicile code according to the purchaserís address.

ALL domicile addresses must be checked on TaxWatch prior to processing a file. The domicile code returned by TaxWatch must be used unless the following error message is received: "TaxWatch does not recognize the address." If this error message is received, the MVCA shall utilize the tax chart provided by the department to obtain the appropriate tax code. A notation of the TaxWatch number on the DPSMV 1799 Application Form is acceptable for audit purposes.

Dation en Paiement

By definition, this legal term means "giving something (other than a sum of money) in payment of a debt." The Office of Motor Vehicles is concerned if the giving of a vehicle is to cancel a recorded lien, mortgage or some other type of debt and the registration thereafter. One situation could be defined as a voluntary surrender of a vehicle. In the case of a voluntary surrender, only if the recipient (who has his mortgage recorded on a Louisiana title) keeps the vehicle for his personal use would he be required to apply for a title and pay use tax. If the recipient is someone other than a licensed dealer, he will be required to apply for a title and pay tax on the amount of the debt cancelled.
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post #5 of 11 (permalink) Old 05-20-2009, 10:48 PM
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i'm not "officially" suggesting this, but i will tell you, you can do this, make a bill of sale, signed by both parties, and take it to your office of motor vehicles(as it's called in LA), and register it. i would only do this if i knew there was no "questionable" history of either vehicle. if it's questionable, don't even try it, you'll likely end up in prison. try to do a title search if you can, and if you find a lienholder or previous owner, contact them and work out "storage fees" with them, and if applicable, you'd more than likely end up with the title anyway.... how old are the cars anyway?
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post #6 of 11 (permalink) Old 05-20-2009, 10:54 PM Thread Starter
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Quote:
Originally Posted by sevenlitrestang View Post
i'm not "officially" suggesting this, but i will tell you, you can do this, make a bill of sale, signed by both parties, and take it to your office of motor vehicles(as it's called in LA), and register it. i would only do this if i knew there was no "questionable" history of either vehicle. if it's questionable, don't even try it, you'll likely end up in prison. try to do a title search if you can, and if you find a lienholder or previous owner, contact them and work out "storage fees" with them, and if applicable, you'd more than likely end up with the title anyway.... how old are the cars anyway?
ones built in 1966, ones in 1948.

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post #7 of 11 (permalink) Old 05-21-2009, 03:31 PM
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In Washington state, from what I understand, if a vehicle is "abandoned" on your property for 30 days, you become the owner.
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post #8 of 11 (permalink) Old 05-21-2009, 03:37 PM
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Send a message via Yahoo to FACracr
Getting a lost title in LA sucks. I tried it. then moved to Texas and did it easy

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post #9 of 11 (permalink) Old 05-21-2009, 03:51 PM
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My uncle had one that a man parked in his yard and after a year he went to the courthouse and since he could prove it sat in his yard for more than a year the court granted him ownership but that is NC

'he never hit the brakes and he was shifting gears'

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post #10 of 11 (permalink) Old 05-22-2009, 11:37 PM
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Quote:
Originally Posted by sevenlitrestang View Post
seems like it's pretty easy to me, as follows from the LA state database:
You clearly have not experienced the stupidity and absolute retartedness of the La DMV. I can not begin to explain how much this state sucks azz when it comes to motor vehicles. All I can say is good fn luck cuz you are going to need it. I have been trying to title my t bucket for 9 months and have heard nothing but horror stories when I ask around.

As an example everyone person in my family that drives (4) have had different requirements of ID to obtain an address. I think they get up in the morning and have meetings on how they are going to screw people around for the day

Life's journey is not to arrive at the grave safely in a well preserved body, but rather to skid-in-sideways, totally worn out, shouting.."holy crap.... what a ride!"
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post #11 of 11 (permalink) Old 05-22-2009, 11:53 PM
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Quote:
Originally Posted by fordsbyjay View Post
You clearly have not experienced the stupidity and absolute retartedness of the La DMV. I can not begin to explain how much this state sucks azz when it comes to motor vehicles. All I can say is good fn luck cuz you are going to need it. I have been trying to title my t bucket for 9 months and have heard nothing but horror stories when I ask around.

As an example everyone person in my family that drives (4) have had different requirements of ID to obtain an address. I think they get up in the morning and have meetings on how they are going to screw people around for the day
You said it. I had to title a truck in Louisiana that I bought from my dad, and because he was one number off due to bad penmanship, I had to find a police officer to fill out some form and then get that notarized. Let me just say police officers are not very happy to help you out. I got all kinds of bull**** answers, like "the Higway Patrol has to do that," or "I can't do that because I'm not authorized," or "um, I have to get approval from my seargeant." It took me a few weeks of hounding police departments, highway patrol departments, and any friggin' cop I saw. Just for them to write a number off my truck, check off answers, and sign it!

Like Jay said, good friggin luck!

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