AK title

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pro-touringAK

Member
Joined
Jun 1, 2012
Messages
13
Just went through the no title situation in AK. 1,get bill of sale 2,get appraisal from qualified dealer 3,get bond for 1.5 the value of appraisal 4, turn in title request with above items.

I paid $100 for bond (truck was $50. just cab with frame). DMV rejected it (now I have a $100 bond -non refundable) and they are wanting me to get it in operational order before I request it again. This means I put money into it to get it operational (engine, tranny, windshield etc...) then I get it re appraised (if I paid $50 for the truck and put in 3k...now $3050) then I get a bond for $4500. Thats $7550 for a truck I paid $50. for. This is all just in case a previous title holder claims the vehicle in the next 3 years. Keep in mind it was a $50. cab and frame. I get the bond value back, if not claimed against, but where is the logic in all of this? Sure I can understand the original $100. bond but why an elevated bond amount? Which is elevated because it was MY money put into the truck not any previous owner.
 
They probably think they are teaching you a lesson.
It's cheaper to go through one of those title gettin places at around $500 then transfer it to AK. If that's still an option nowadays ?
 
The code for abandoned vehicles mentioned above for granting title to the owner of the property the vehicle was abandoned on has a reason noted "because the property owner must have a title to sell the vehicle."
If Arkansas has a law requiring a Certificate of Title to sell the car then it MUST issue one if you can legally establish ownership.
Title itself is an intangible. it's the exclusive right to a thing.
Certificate of Title is the legal instrument that establishes ownership. It's like a deed or a land patent, or a copyright... it's the document that makes an official testimony of your ownership. It evidences the highest claim to ownership.
But the Certificate of title is not the ONLY instrument that transfers ownership.
In all commerce a bill of sale is the legal instrument that transfers ownership.
A Title cert is the highest proof but a bill of sale legally has also transferred ownership...
Actually unless there is a Bill Of Sale it is presumed that no commerce has occurred.

The Certificate of Title trumps the Bill Of Sale but as long as the facts represented by both are the same it should not void it.
They might be able to argue the law requiring a title excludes the bill of sale as a legal instrument of transfer for vehicles.
But if other laws require a bill of sale lets say like to establish property and wheel tax on the vehicle then it has to remain a legal instrument of record for any purpose of law.

A matter of record cannot exist for one purpose but not exist for a different purpose.

AK laws:
§27-14-203. (b) "Owner" means a person who holds the legal title of a vehicle. In the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter.

As I stated: Title is the right(s), Certificate of Title is the document. they are legally distinct ie "not the same"

If your bill of sale does not legally transfer "Ownership", It IS evidence of immediate rights in possession establishing your possession of the truck as lawful.
If the truck gets impounded, the lawful tow order now establishes an equal right in possession by the impound legally aquiring the truck and now having a vested interest in it.
Under this condition both you and the impound both have vested interest in the truck, Your money to buy it and their money to tow it.
(legally equal not financially equal)
Eventually if you do not settle the tow bill with the impound they will petition the court. The court will weigh your vested interest against the vested interest held by the impound and will allow for the truck to be sold at auction to settle the claim.
Another thing the court can do is assign Ownership.
When the impound petitions the court to assign ownership they are raising a claim to
1) rights in possession and
2) vested interest.

These 2 facts added to exclusivity constitute the legal definition of ownership.
If there is no counter claim then 1 and 2 can be ruled exclusive and ownership established by order of the court.

Ever wonder how come you get such a brand new title when buying at impound auction?
This is the legal process by which the impound gets a free and clear title to any vehicle it sells. The court order is the highest legal claim to ownership even trumping the Certificate of Title.

I've never had to use this legal argument myself but I got it ready just in case.

It looks like you complied with the States rules for titling the truck but they put stipulations on you that are not written in the statute.
Government may not do anything unless the law say's it can or it must.

§ 27-14-213 - Specially constructed and reconstructed vehicles.
(b) "Reconstructed vehicle" means every vehicle of a type required to be registered under this chapter materially altered from its original construction by the removal, addition, or substitution of essential parts, new or used.


So according to § 27-14-213 your truck while it is non operational and missing parts still meets the legal definition for vehicle and if you are required to have a title to sell it, then they must grant you a title if you can prove ownership

The law has NO force and effect to require you to INCREASE your vested interest prior to establishing OWNERSHIP.
The law only requires you to prove A vested interest but does not establish an interest meeting a specific or minimum or maximum value.
The State MAY require you to increase your vested interest by making the truck street legal and operational but this can be only for REGISTRATION. Certificate of Title is not Registration...they are legally distinct ie. not the same.

The entire body of motor vehicle code is restricted to the operation of a vehicle on a public highway.
At a time in our past when the States were seeking the power to regulate driving, the courts had ruled (and still maintain the ruling) that driving was a right.
BUT the courts did rule that operation on a public highway is a privilege and therefore can be regulated.
Owning and Selling a car is a right
Driving on private property remains a right
Driving on public property is a privilege

Conclusion:
(driving it is not an issue here you are wanting TITLE not REGISTRATION)
I would rule that:
*Since the law requires a Certificate Of Title to buy or sell the car...
*Since a court generally will not hear a case unless the refusal to hear the case will result in a loss to the claimant and you can establish the creation of greater risk by the States non-statutory policy of not issuing title to a non operational or incomplete vehicle...
*And increasing your vested interest in the car would most assuredly expose you to greater risk without the benefit of holding a higher claim to ownership...
*And the laws of the State as per § 27-14-213 do not require the car to be operational or even complete to meet the requirements for a title being issued...
*And you can show that you have met with the statutory requirements to receive a title evidencing your ownership of the truck. ie exhausted the ordinary process...

Then you would have a right to petition the court to legally establish your ownership and order the State to issue you a title.


It's important to note here that "the Government" is not the courts...
In any case heard by the court any parties in dispute are in dishonor.
In any case between the government and a person...
You and the government stand under the law both equal in dishonor on the side of the bar opposite the Judge and the Jury.
Both the Judge and Jury stand in Honor on their side of the bar.

By some long forgotten rules of order I cannot quote the source...
In commerce, when someone in honor makes an offer, you are expected to make a counter offer to remain in honor.
If the negotiations arrive at an agreement... both remain in honor
If the negotiations end with the original offer being withdrawn then you both remain in honor...
If you refuse the offer without a counter offer you have created dispute...
When there is dispute those in dispute are no longer in honor...
This I read is where the concept of claimants being in dispute stand in court in dishonor while the judge and jury who are not party to the dispute remain in honor, the Judge being referred to as Your Honor, His Honor, The honorable Judge McCalifrlusterschmittenson or whatever his/her name might be
 
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27-14-214. Essential parts
"Essential parts" means all integral and body parts of a vehicle of a type required to be registered under this chapter, the removal, alteration, or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type, or mode of operation.


27-14-710. Grounds for refusing registration or certificate of title.
The Office of Motor Vehicle shall refuse registration or issuance of a certificate of title or any transfer of registration upon any of the following grounds:
(1) That the application contains any false or fraudulent statement or that the applicant has failed to furnish required information or reasonable additional information requested by the office or that the applicant is not entitled to the issuance of a certificate of title or registration of the vehicle under this chapter;
(2) That the office has reasonable grounds to believe that the vehicle is a stolen or embezzled vehicle or that the granting of registration or the issuance of a certificate of title would constitute a fraud against the rightful owner or other person having valid lien upon such vehicle;
(3) That the registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this state;
(4) That the required fee has not been paid; or
(5) That the owner of a commercial motor vehicle has had his or her authority to operate denied or suspended by the United States Department of Transportation for safety-related violations.


27-14-713. Issuance of registration certificates and certificates of title.
(e) (1) The certificate of title shall be delivered to the owner in the event no lien or encumbrance appears thereon.
(2) Otherwise, the certificate of title shall be delivered either to the person holding the first lien or encumbrance upon the vehicle as shown in the certificate or to the person named to receive it in the application for such certificate.


27-14-725. Limited vehicle identification number verification.
(b) Except as provided under subsection (h) of this section, an application for registration or certificate of title for a motor vehicle shall be accompanied by a verification of the vehicle identification number if the owner of the motor vehicle:
(1) Does not have a properly endorsed and assigned certificate of title or manufacturer's certificate of origin and may only obtain title to the motor vehicle through:
(A) A court order; or
(B) The bonded title procedure of this state as set forth under 27-14-409(c)
(h) This section shall not apply to a motor vehicle registered as a Class Two, Class Three, Class Four, Class Five, Class Six, Class Seven, or Class Eight truck under 27-14-601(a)(3).

27-14-720. Lost or damaged certificates and plates.

(a) In the event any registration certificate or license plate is lost, mutilated, or becomes illegible, the owner or legal representative or successor in interest of the owner of the vehicle for which it was issued, as shown by the records of the Office of Motor Vehicle, shall immediately make application to the office for, and may obtain, a duplicate or a substitute or a new registration under a new registration number, as determined to be most advisable by the office, upon the applicant's furnishing information satisfactory to the office.
 
I'd add that if you don't have a title then there are only 2 things that could have happened to it. lost or cancelled.
it's either not in your possession by accident( being lost), or by action of the state.

if the state didn't take some intentional action against the car being lawful under the manufacturer's license to manufacture... vin etc...
then you'd probably be right to say the title was somehow lost
 

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