Previous owner didn't register vehicle and isn't listed on title seller gave.

I

itsaliciab

New Member
Jurisdiction
Missouri
My 16 year old son bought a truck (against our wishes). I took him to get truck licensed, when we found an issue.....and it's quite the mess. So I apologize if this is long winded. First let me say that my son purchased a truck from a person who's name was not on the Iowa title.(We're in Missouri) The owner had signed the back of the title, but the rest was blank because the current owner never filled it out or registered the truck. So we thought our son could just sign it and then register it as if he had bought it from the previous owner. Here's where it gets complicated. The first person listed on the Iowa title, previous owner, (who's from Missouri) didn't sell the truck to the person listed as the title owner (who's from Iowa). He sold it in Missouri first to a man, and filled out the lower section of the title about the sale, and mailed it in. This man is who actually sold the truck to the person in Iowa. But he's in the Missouri DMV as having purchased the truck, and never paying registration or taxes on it before he then sold it 3 days later. (Only proven by date on current title.) So he sells it to the person in Iowa and because he's from Missouri that information doesn't show in their computer, and she is able to title and license the truck. She then sells it shortly after to another person in Missouri again. This is the person my son bought the truck from. So the DMV is telling us that we can't do anything until the guy, who sold to the woman in Iowa, comes in and pays the delinquent fees, registration, and taxes. I even asked if we could just pay those fees and they said no. So I don't know what my son can do now.
 
Learn a lesson to not buy anything unless it's from the owner.

I don't really have to patience to read your post and try to figure out what's what or how many people are involved. If a vehicle is purchased and the title is already signed by someone who is not the "seller" then that says "stay away and forget about it".

Just curious how much he paid for this mess?
 
itsaliciab said:
My 16 year old son bought a truck (against our wishes). I took him to get truck licensed, when we found an issue.....and it's quite the mess. So I apologize if this is long winded. First let me say that my son purchased a truck from a person who's name was not on the Iowa title.(We're in Missouri) The owner had signed the back of the title, but the rest was blank because the current owner never filled it out or registered the truck. So we thought our son could just sign it and then register it as if he had bought it from the previous owner. Here's where it gets complicated. The first person listed on the Iowa title, previous owner, (who's from Missouri) didn't sell the truck to the person listed as the title owner (who's from Iowa). He sold it in Missouri first to a man, and filled out the lower section of the title about the sale, and mailed it in. This man is who actually sold the truck to the person in Iowa. But he's in the Missouri DMV as having purchased the truck, and never paying registration or taxes on it before he then sold it 3 days later. (Only proven by date on current title.) So he sells it to the person in Iowa and because he's from Missouri that information doesn't show in their computer, and she is able to title and license the truck. She then sells it shortly after to another person in Missouri again. This is the person my son bought the truck from. So the DMV is telling us that we can't do anything until the guy, who sold to the woman in Iowa, comes in and pays the delinquent fees, registration, and taxes. I even asked if we could just pay those fees and they said no. So I don't know what my son can do now.
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Your son is a minor.
You can file a lawsuit on his behalf to RESCIND the purchase/contract.
Contracts, on the main, are voidable at the minors discretion.

At least take Junior to a lawyer, and see if such a lawsuit is cost effective.
The initial consultation is often offered at no charge for 15-30 minutes of discussion.

..
..
Contract by a Minor – Contracts
 
My guess is that since a 16 year old bought his own truck that it's an inexpensive piece of junk and the previous owner (whoever that really is) isn't exactly going to have the funds around to provide a refund. Same as in many judgments - if you win a lawsuit good luck collecting.
 
itsaliciab said:
I don't know what my son can do now.
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Missouri allows an owner to post a bond when there is a title problem.

Print out the following statute, take it to the DMV and say "I want to do this":

2015 Missouri Revised Statutes :: TITLE XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION (300-307) :: Chapter 301 Registration and Licensing of Motor Vehicles :: Section 301.192 Bonded vehicles, certificate of ownership may be issued, requirements--bond, release of, when.

They will tell you how, if it's possible for your situation to qualify.

If not, your teenager has learned an important, albeit expensive, life lesson about buying cars.
 
You purchase an insurance policy for 1.5 times the value of the vehicle. If a previous owner ever pops up and makes a claim of ownership of the vehicle then they get paid from the insurance policy. You have a hearing with the state and explain how you got the vehicle and you have to show that you've tried to find the former owners and they decide if you qualify for a bonded title or not.
 
Highwayman said:
Learn a lesson to not buy anything unless it's from the owner.

I don't really have to patience to read your post and try to figure out what's what or how many people are involved. If a vehicle is purchased and the title is already signed by someone who is not the "seller" then that says "stay away and forget about it".

Just curious how much he paid for this mess?
Click to expand...
You don't have the patience to read, yet the time to reply and state something I already know. I'm looking for advice, not statements that do nothing to solve our problem and just reiterate what we now know. He's 16, and did this on his own. Hindsight is 20/20. I can go on and on about how yes he (and us for not being with him) made a huge mistake. What I'm looking for is someone who might know if we have any options now. He's out 2000 for this mess.
 
army judge said:
Your son is a minor.
You can file a lawsuit on his behalf to RESCIND the purchase/contract.
Contracts, on the main, are voidable at the minors discretion.

At least take Junior to a lawyer, and see if such a lawsuit is cost effective.
The initial consultation is often offered at no charge for 15-30 minutes of discussion.

..
..
Contract by a Minor – Contracts
Click to expand...
Thank you for your reply. This might be our only option.
 
itsaliciab said:
Thank you for your reply. This might be our only option.
Click to expand...

It's all you have.
However, there are a few hurdles.
You need to identify the scammer, find the scammer, serve the scammer, hope the scammer shows up for court, and even if you prevail, collecting on your judgment will often be frustrating, time consuming, exhausting, and very often unfulfilling.
 
Talked to the Department of Revenue today. They said there should be no issue since a title was allowed in Iowa. However when I called the DMV again they disagreed and said technically the state of Missouri has a lien against the truck because of the fees not being paid. I asked her to please call someone over her. She called me back with this advice.....if I can get the very first owner listed on the title to have in writing, and notarized, that the sale fell through with the man who owes the fees......and then have the current woman listed on the title to send us a notarized bill of sale.... then we can get it licensed. I have no clue how to contact the first person, and the woman is ignoring my messages I've sent on Facebook. The DMV lady also said I could try to go through the courts to try to get a decratory judgement title. I'm not even sure what that is. Time to do more research.
 
itsaliciab said:
Talked to the Department of Revenue today. They said there should be no issue since a title was allowed in Iowa. However when I called the DMV again they disagreed and said technically the state of Missouri has a lien against the truck because of the fees not being paid. I asked her to please call someone over her. She called me back with this advice.....if I can get the very first owner listed on the title to have in writing, and notarized, that the sale fell through with the man who owes the fees......and then have the current woman listed on the title to send us a notarized bill of sale.... then we can get it licensed. I have no clue how to contact the first person, and the woman is ignoring my messages I've sent on Facebook. The DMV lady also said I could try to go through the courts to try to get a decratory judgement title. I'm not even sure what that is. Time to do more research.
Click to expand...
*Declatory Judgement title*
 
txls said:
You purchase an insurance policy for 1.5 times the value of the vehicle.
Click to expand...

It's not an insurance policy, it's a surety bond. The car owner is still going to pay for any claims against the title but a surety bond eliminates putting up $3000 in cash with the DMV for 3 years and if there are no claims against the title in that time, all the owner has paid is the fee to the bonding company. The DMV accepts the bond as a guarantee where it would not accept an IOU from the owner.
 
itsaliciab said:
Talked to the Department of Revenue today. They said there should be no issue since a title was allowed in Iowa. However when I called the DMV again they disagreed and said technically the state of Missouri has a lien against the truck because of the fees not being paid.
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Does the DOR issue titles or does the DMV. If the DMV issues the titles then what the DOR tells you is meaningless.

I suggest that you stop trying to deal with this on the phone and take the statute down to the DMV office and see if you qualify for a bonded title.

Otherwise you could go on forever and never get a title.
 
adjusterjack said:
Does the DOR issue titles or does the DMV. If the DMV issues the titles then what the DOR tells you is meaningless.

I suggest that you stop trying to deal with this on the phone and take the statute down to the DMV office and see if you qualify for a bonded title.

Otherwise you could go on forever and never get a title.
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I called the DOR because the DMV told me to. They weren't helpful. I asked the DMV about a bonded title and she said it didn't qualify. I did go into the office initially, however now am doing this by phone. I guess my next step is the circuit clerk to find out about a declatory title judgement.
 
"if I can get the very first owner listed on the title to have in writing, and notarized, that the sale fell through with the man who owes the fees" and that would be a lie so I don't see any reason why someone would want to do that.
 
txls said:
"if I can get the very first owner listed on the title to have in writing, and notarized, that the sale fell through with the man who owes the fees" and that would be a lie so I don't see any reason why someone would want to do that.
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I agree, however this is what the state of Missouri told me to do. Why they tell me to notarize a lie, but I can't just pay those fees which are owed, I'll never understand.
 

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