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Hot Rods Open title!!

Discussion in 'The Hokey Ass Message Board' started by rjones35, Nov 6, 2017.

  1. rjones35
    Joined: May 12, 2008
    Posts: 865

    rjones35
    Member

    I've got a guy that wants to trade for my 63 Comet., but it sounds like he's got an open title in the previous owners name. I tried searching and found a few yes/no/maybe answers on here. Do I need to get him to put it in his name before we do anything? We're talking about doing this tonite, I just found out about the title thing. I had to fix the title on the Comet too, it was a pain.
     
    pro 40 likes this.
  2. Is there a date when the previous owner sold the car? personally,I would prefer the title to be signed. HRP
     
    rjones35 likes this.
  3. rjones35
    Joined: May 12, 2008
    Posts: 865

    rjones35
    Member

    I haven't seen it yet, but he says its not signed or dated. He got a bill of sale, then the previous owner found the title, and evidently didn't sign it. I might also add, the guy I'm dealing with traded for the car.
     
  4. Canus
    Joined: Apr 16, 2011
    Posts: 102

    Canus
    Member

    Only your DMV can answer your question.
     
    wraymen, 41 C28, Drunk Man and 4 others like this.
  5. slowmotion
    Joined: Nov 21, 2011
    Posts: 3,359

    slowmotion
    Member

    ^^^^That. I know in Ohio, jumpin' a title ain't happenin' without a whole buncha misery.
     
  6. paleot
    Joined: Aug 29, 2011
    Posts: 232

    paleot
    Member
    from louisiana

    My wife is a Notary here in Louisiana, she will not touch a title the original owner has not completed. If you take one in that has been filled out by original then a second transfer to you you pay both sets of transfer fees!
     
    rjones35 likes this.
  7. Tell him to get the title into his name first...
     
  8. rjones35
    Joined: May 12, 2008
    Posts: 865

    rjones35
    Member

    See that's what I was thinking. Because as it sits now, the guy I'm dealing with is selling me somebody elses car according to the paperwork, so there will be two sales that somebody has to pay for. Sounds like it would be no good no matter what state you're in.
     
    bobwop and lothiandon1940 like this.
  9. G .
    Joined: Nov 3, 2017
    Posts: 89

    G .
    Member
    from Austin

    I'll sign it for you.
     
  10. greybeard360
    Joined: Feb 28, 2008
    Posts: 2,094

    greybeard360
    Member

    If he has the title but it isn't signed, it is not an open title. An open title is one where the owner signs it as a seller but the title isn't transfered to anyone yet. A clear title means there are no liens against it.

    Sent from my Moto G Play using The H.A.M.B. mobile app
     
    upspirate, bobwop, RMONTY and 3 others like this.
  11. It would work in Alabama, done all the time. But just about anything goes down here.
    Why ask us, ask your governmental agency that gets paid to know these things.
     
    rjones35 likes this.
  12. saltflats
    Joined: Aug 14, 2007
    Posts: 12,856

    saltflats
    Member
    from Missouri

    Get someone to put his John Henry on it and date it then put your name on it as the buyer.
    I didn't just type this. ;)
     
  13. rjones35
    Joined: May 12, 2008
    Posts: 865

    rjones35
    Member

    Ah, thanks for clearing that up. I need to get back with him to verify if it's signed or not. Sounds like either way it'll cost me more money to get it in my name? Either I have a title signed by the name on the title, but no bill of sale to me from him, or a not signed at all title and no bill of sale from the name on the title, or the guy that has it now can pretend he's the the name on the title I guess, sign it, write a bill of sale, whatever. Sounds kind of shady.
     
  14. rjones35
    Joined: May 12, 2008
    Posts: 865

    rjones35
    Member

    I assumed that all state agencies would play by the same rules concerning laws and stuff.
     
  15. saltflats
    Joined: Aug 14, 2007
    Posts: 12,856

    saltflats
    Member
    from Missouri

    If you are in Mo. You don't to have a bill of sale just the title with the price on it.
    And signed of course.
     
    Nostrebor and rjones35 like this.
  16. tfeverfred
    Joined: Nov 11, 2006
    Posts: 15,788

    tfeverfred
    Member Emeritus

    "Man, just sign the thing."
    shutterstock_85142173.jpg
     
  17. You must not have ever lived in the Deep South. ;) Laissez-faire in a lot of places.
     
    lothiandon1940 and rjones35 like this.
  18. saltflats
    Joined: Aug 14, 2007
    Posts: 12,856

    saltflats
    Member
    from Missouri

    That's where we get are bill of sales for cars with lost titles.
    Get an IDOD done on the car and take the Alabama BOS pay the fees and you are good.
     
    studebaker46 likes this.
  19. blowby
    Joined: Dec 27, 2012
    Posts: 8,661

    blowby
    Member
    from Nicasio Ca

    Have a doctor sign it. Any doctor.

    [​IMG]
     
  20. rjones35
    Joined: May 12, 2008
    Posts: 865

    rjones35
    Member

    Okay, just heard back. So it is signed by the original owner, not dated or signed by the guy I'm getting it from. So I should be fine right? Sorry, I'm just a little gunshy after the last title fiasco I went through.
     
  21. rjones35
    Joined: May 12, 2008
    Posts: 865

    rjones35
    Member

    HAAHAa!! Looks like my signature!
     
  22. RichFox
    Joined: Dec 3, 2006
    Posts: 10,020

    RichFox
    Member Emeritus

    Done all the time. But not really the right way except for dealers. Get the guy to go with you to DMV when you change registration. Then he can answer any questions that may come up.
     
    bchctybob, Atwater Mike and rjones35 like this.
  23. saltflats
    Joined: Aug 14, 2007
    Posts: 12,856

    saltflats
    Member
    from Missouri

    You will be fine.
    Sign and date the title before you take it in to have it transferred.
    Just play that you got the said car from the guy that's name is on the title not the guy you are dealing with.
     
  24. Irvan
    Joined: Mar 9, 2009
    Posts: 143

    Irvan
    Member

    Is the title a Kansas title or a Missouri title? Missouri titles have a slip at the bottom the (selling) owner needs to fill out and sent to the department of revenue with the new owners name. If you live in Kansas it's probably not a problem.
     
    rjones35 likes this.
  25. scotts52
    Joined: Apr 7, 2008
    Posts: 2,769

    scotts52
    Member

    It's signed. Here in Washington that's all you need. I do it all the time without a bill of sale. They'll ask you what you paid for it. Since it's a trade they may designate a value for you.
     
    rjones35 likes this.
  26. rjones35
    Joined: May 12, 2008
    Posts: 865

    rjones35
    Member

    Thanks for the help!! I'll let you know what happens.
     
  27. Hnstray
    Joined: Aug 23, 2009
    Posts: 12,355

    Hnstray
    ALLIANCE MEMBER
    from Quincy, IL

    So called ‘open titles’ are illegal in most jurisdictions. And with an intermediary owner, who does not show up on any paperwork, it’s called ‘jumping a title’, even more frowned upon.

    All that said, it is done, probably more than is even suspected. From your description, the title having been signed by the person whose name appears on the title (maybe....it could have been forged already), the most likely direct path is to fill in your name in the ‘buyer’ section. But there are other details that you may be overlooking that can trip you up.

    The absolute best and safest approach would be to insist that the current ‘possesser’ of the car and title go the the DMV and pay applicable fees and apply for a title in his name. Then, when received, transfer that title to you. He probably will balk at that for obvious reasons....cost and delay...but better him to bear the burden than you ending up in hot water with the State authorities and the mess that could entail.

    Ray
     
  28. DDDenny
    Joined: Feb 6, 2015
    Posts: 20,027

    DDDenny
    Member
    from oregon

    What would Judge Judy do?
     
  29. G .
    Joined: Nov 3, 2017
    Posts: 89

    G .
    Member
    from Austin

    Matilda Ewing?
    Alberle Diaz?!?!
     
  30. Los_Control
    Joined: Oct 7, 2016
    Posts: 1,182

    Los_Control
    Member
    from TX

    I would meet him at dmv and you both go in and switch titles. Then is no surprises later.
     

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