Chapter 8, Section I:
Transfer through
Court Order
Revised August 13, 2008
Court orders are decisions by the courts establishing ownership
of certain tangible properties including motor vehicles. The court order
awards ownership of a vehicle to an individual or business in cases such
as divorces, ownership disputes, forfeitures, etc.
Requirements
- Certificate of Title – The current
title must be surrendered. In cases where the title is lost, stolen,
etc., the recipient may obtain a duplicate title. The transaction
shall be processed as a title transfer with the duplicate title fee
being added in. Begin transaction with a vehicle inquiry and print
the vehicle record.
- Original or Certified Copy of
Court Order, which names the recipient of the vehicle AND identifies
the vehicle(s) by vehicle identification number (VIN). In cases
where the court order has an error or errors in the identification
of the vehicle(s), the recipient must obtain an amended court order
indicating the correct vehicle information.
- Release of Lien, if the title
shows a lien holder, unless the court orders MVD to issue a
“lien-free” title. Otherwise, carry the lien over to the new title.
- Fees – Normal registration and
title fees are applicable. If the applicant is the recipient named
in a Will, no excise tax is applicable.
- Odometer Disclosure Statement
(motor vehicles, except off-highway vehicles) – (If
the owner of record is not signing the Odometer Disclosure
Statement as seller, the odometer reading must be recorded as NM - not
actual miles.)
- Bill of Sale – The recipient of
the vehicle may transfer ownership to another individual. This
transaction will be processed as a “double transfer”, assessing the
title fee to the original recipient and another title fee to the new
owner. Tax and registration fees will be assessed as applicable to
the new owner only.
- NCIC check
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