0
Certificate of Default / Dishonor effectively used for Declaratory Judgement to perfect the involuntary transfer of a motor vehicle title
I was battling a quiet title controversy over a Dodge truck.
Facts:
Out of state truck contracted / sold to me by an un-notarized contract.
The owner failed to deliver the title and the truck is here in Florida from Arkansas.
The Florida DMV will/would not entertain any transfer of title given there is no bill of sale and no title. The un-notarized contract was understandably insufficient.
The truck was registered, expired, in another State other than Florida; and when I contacted the DMV in the other State, they would not provide any information or services unless I went to the out-of-state DMV in person.
The due diligence affidavit, that accompanied the civil action, was suggested to have me hire a PI, somehow get the sellers utility company to give out information on the seller, and a whole host of other impossible things requiring travel out-of-state, travel expenses, time, money, lodging, risk; all given the fact that the seller resides out-of-state
The only evidence I produced was the Certificate of Dishonor which took 20-days and the cost of a notary (no PI, or interstate travel, etc).
I think I have stressed the fact that the controversy was interstate ....
Resolution:
1. I created the Letter Rogatory supported by an Affidavit in Negative Averment.
2. I petitioned a notary by affidavit to begin a protest.
3. The notary sent the Notice of Dishonor (with presentment attached) via certified return receipt;
4. Then the notary sent the Notice of Protest 1-page notice via delivery confirmation;
5. Then awarded the stipulations in the Letter Rogatory to me with copies sent to the seller.
6. I opened a civil case with 2 attachments attached; one being an Affidavit of Due Diligence with the evidence of due diligence being the Certificate of Dishonor and the second being an Affidavit for Title.
7. One week later the court delivered the Declaratory Judgment.
8. The truck is now titled and registered to me.
For the mailings of notices, I had the notary use a US Postal product.
It is always helpful to have someone witness all documentation sent, so there are 2 persons' signatures (other than your own) on the record - a la "out of the mouth of 2 or 3 comes the truth", with the sender / notary writing a certificate of content/service describing the contents of the envelope(s).
What else can I help you with?
Where can you register a fixed car that was bought from auction as junk parts only?
Only if it's a clean title. If it's a "salvage title" then you will have to call the D.O.T. and have the state inspector come out and give it a look over before you can get a clean title for it again.
How can you get a title with a parts only statement?
Depending on your state you may not be able to title a parts only car. Contact your states DMV.
How do you get a title for a car bought at a auction?
The title should be at the auction location. They probably have it in a file somewhere and forgot to give it to you. If they don't have it, they should have the information on the previous owner so they can get it, unless it was specified at the auction that it was being sold for parts only, without a title.
If car title is lost but you cant get title because ex is still on title?
I bought a car and I cant get the title for it what to do
How can a title be gotten for a car bought for parts the Vin showes its not stolen but would like to make it a driver again?
check with local dmv, abandoned title form.
Can you sell your car if your girlfriends name is on your title but you bought the car?
no
Where can Vectra car parts be bought?
Vectra car parts can be bought online from sellers. These parts can also be purchased from your local auto shops. These car parts often are from old car parts found in scrap yards.
How do you get a car title if a car doesn't have one?
A car should always have a title if not see the person you bought it from or see the dealership.
How can you get title for car you bought?
The lender should send the title to you.
If someone bought you a car but your name is on the title and registration can they take the car away?
No. The title is the document that establishes ownership.
Who owns car i bought if title in dad's name?
Whoever is named on the title is the owner.
How do you transfer a TX title on a car you bought?
You have to aquire a green slip, title office will have it.
