kelliedn

Can't find or get new title

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I have a 4 wheel ATV.  I have had it over 15 years and have not used it for over 10 years.  I don't even know what shape it is in.  I can't find the title, so I went online to try to order a new one and it isn't even listed on my list of property that is titled to my name....The ATV is currently at my mothers cabin over 3 hours away and I do not want to drive up there to get the VIN number.  Now what do I do?

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Is there no one in the area that can go look at the VIN?  I would call the department of motor vehicle and see what they can tell you. If you just want to sell it, you can probably advertise it it as 'lost title' and then new owner can apply for a replacement title.  The way it works in AZ is the DMV will try to contact the last owner of record and if there is no response after a certain period time (60 days, I think) the DMV will issue a title in the applicant's name and they become the new legal owner.  Keep in mind you're only going to get about 1/2 of the value this way since the new owner is probably going to have to spend a couple hundred dollars on titling/inspection/registration and will also be taking a huge risk that you claim the vehicle when the DMV contacts you.

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I want to file bankruptcy and need a title to prove ownership.

No, there is no one in the area.  My uncle used to live up there, but he passed away and my family isn't visiting right now as my mom is in elder care facility trying to recover from back surgery (been there 3 months!)  

I doubt it is worth much, remembering correctly the brakes needed work and it hasn't been moved in 10 years as I said.  I'm just wondering if BK will be able to find it if I can't find it when searching.  I just don't know if I want to deal with this one since I know it can't be worth much at this point.  Maybe $300 max

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I think I would just 'forget' I owned it. If you never did anything with it, it would eventually end up being treated as part of your mom's estate.

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Actually, I would put it down and then at the trustees meeting, have the attorney state that the title is lost, that the item is 3 hours away, and there is a concern that it might need quite a bit of work. Your attorney should be able to make the argument for a lower value that might fit in with your exemptions. In fact, you would probably be shocked at how little the thing is actually worth.

The trustee will probably not ask for the title and if the value is so low that the trustee will not get anything for the asset once fees are paid, they trustee will probably abandon the asset. If might be worth it for you to take the 3 hour drive to check it out however and get the VIN (as well as determining if the ATV even runs).

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I went to the SOS today (Dept of Motor Vehicles in Michigan) and was informed that the ATV is no longer in my name, and has been purged from the system.

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I'm sure with the IRS exemptions and the Wildcard exemption that all my property will be exempt since I don't really have a lot, so I will just include it on the form just to be safe from dismissal for not reporting it.

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Did you ask them what the disposition was in regards to the ATV? Seems strange that it the state thinks you do not own it anymore and purged it from their system without some sort of disposition report, even if the state thinks it was junked.

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There is nothing there at all.  They said that happens to make room for newer stuff and it's not abnormal.  To get a new title I would have to get the VIN, prove I own it and if I don't want to pay sales tax again I have to prove I paid it before.  I guess because I didn't register it to use it off road in these past 10 years, they just assumed it was junked.  There was literally nothing there, without the VIN.  If I had the VIN they may have been able to find more.

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But I don't even get that.  When you register to off road, you just get a sticker.  You don't have to tell them the VIN of the bike you are riding.  Just put the sticker on it.  So I just don't know.

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36 minutes ago, kelliedn said:

But I don't even get that.  When you register to off road, you just get a sticker.  You don't have to tell them the VIN of the bike you are riding.  Just put the sticker on it.  So I just don't know.

Does this apply to the purchase of a new off-road vehicle, or only to one that you already own that you want to convert to off-road use only? Some off-road vehicles are $30k so I can't imagine there wouldn't have to be some sort of registration with Motor Vehicle. 

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What do they mean by "make room" for the newer stuff? By now, the state should be using an SQL database with expanded storage and they certainly should not assume that something is junked because it is not registered. Many people in Michigan (and in the nation) purchase older cars to restore and they certainly do not insure and register those cars while they are being restored. Does the state toss those titles in the trash too when those vehicles are not registered?

Something tells me you will have to find the original title (which I bet is 3 hours away near the ATV) or get the VIN. However, I doubt you will need said proof for the trustee if the property is exempt or not worth the trustee's time to take. I did not have to bring in the title to my personal vehicle when I was at the trustees meeting. Ask your attorney to make sure however as each trustee is different.

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