Missouri Title via Declaratory Judgement

bkellis1

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I know I shouldn't have but I bought a bike without a title - the deal was just TOO good to pass up. DMV has told me the only way to title the bike is to get a declaratory judgement indicating I'm the legal owner of the bike, and that a notarized bill of sale is not enough. Called the local court and they told me I can file a petition myself without the need for an attorney but I have no idea how to write a petition. Has anybody done this and have an example of the wording used in the filing with the court?
 

bkellis1

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Sorry, what is GTS?

And yes, attorney fees of $300/hr is more than I paid for the bike - $200.

I am considering the VT path, but want to exhaust efforts in MO first since it's only a $50 court filing fee. As long as I get the legal wording right in the petition, I feel like it can be a success.
 

xjwmx

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If they said you could do it w/o and attorney it's probably simple, most likely just a form to fill out. I'd show up in person to the office of the person you spoke to and ask them what to do.
 
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takehikes

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buying and selling bikes for over 50 years in the chopper world iwont touch one without a title. Way too many ways it can go bad. Especially on bikes pre 1970.
I will offer to pay for a clean title but the “owner” has to get it. They nearly always pass. Good luck
 

xjwmx

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^There's obviously a legal path to ownership here, since the court told him so. You might have passed up some good deals over the last 50 years...
 

jetmechmarty

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buying and selling bikes for over 50 years in the chopper world iwont touch one without a title. Way too many ways it can go bad. Especially on bikes pre 1970.
I will offer to pay for a clean title but the “owner” has to get it. They nearly always pass. Good luck
Oregon isn't Missouri. I just obtained a title for a junkyard bike I brought to Mississippi. In retrospect, it was relatively painless, even having to take an alternate path. Therefore, a missing title is only a small impediment to me.
 

halfmile

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I know I shouldn't have but I bought a bike without a title - the deal was just TOO good to pass up. DMV has told me the only way to title the bike is to get a declaratory judgement indicating I'm the legal owner of the bike, and that a notarized bill of sale is not enough. Called the local court and they told me I can file a petition myself without the need for an attorney but I have no idea how to write a petition. Has anybody done this and have an example of the wording used in the filing with the court?
Did you buy this off FB last week? If it`s the one I`m thinking of I would have easily gave $200 for it but I`m in KS and all I would need is a bill of sale and a Highway patrol VIN search for a antique title on a motorcycle 35 years old.
 
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drgonzo

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I got into a mess with a Sportster I bought over in Mississippi. It had a clean MS title, yet went I went to title and tag it here in GA, they showed it having had a rebuilt title in Missouri. The bike shows no signs of any frame damage so i suspect it was mostly a cosmetic rebuild. I had to have it inspected, $300 for the 5 minutes he spent looking at it, then pay to have it titled. It was time and a hassle. I am all for states rights but in this regard there should be more continuity state to state.
 

Jim

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Ask a used car salesman. I'd guess they run across this situation from time to time. He might even have a template you can copy.
 

bkellis1

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I've spent quite a bit of time on google looking for templates and found many articles but very few templates. I do have a friend that used to go to auctions quite a bit, and he might have had to deal with a titling issue so I'll check with him too. Appreciate any other ideas or guidance. Thanks!
 

Jim

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If you have a friend in KS have them title it with a bill of sale and "sell" it to you.
If you go that route, make sure the VIN is clean first. Kansas Highway Patrol will confiscate the bike on the spot if it's stolen, when they run the VIN.... or so I've been told.
 

willis

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I recently had this situation here in Indiana. Mind you I live in a small rural town and the government officials were very helpful. My bike was a true barn find and had not been registered since 1986.

First stop was to call the local sheriff dept and had a deputy come run the vin to declare it not stolen. He provided me with a printed vehicle inspection form stating a clean status.
Second stop was DMV. There they provided me with a checklist and information on obtaining an Affidavit Of Ownership from the court.
Third stop was to the county clerk office. Showed them the paperwork from BMV and they scheduled me a hearing in small claims court. Essentially what you are doing is providing documentation and convince the judge to declare you the owner of the vehicle and order the BMV to issue a new title.
Fourth Stop was the actual court hearing. It lasted all of 10 minutes in the small claims court. The court then mailed me the order declaring me owner.
Fifth stop I sent the un-opened sealed document to the Indiana BMV headquarters with a small fee and they issued me a new, clean title in my name.

Total cost of this was just over $100. $95 was the court fee, and about $15 for the state BMV title application fee. I tried this route before I went through a title service. They wanted almost $300 for their service, which you essentially sell the bike to them, and then they sell it back to you with a new title. Can't remember the Title Service company name but they were based in TN and I had heard about them here on the forum somewhere.

**edit, found the title service. Please note that I have not used them before, but have read good reviews of their services.
https://www.saintsengine.com/services/title-service/
 
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jetmechmarty

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If you go that route, make sure the VIN is clean first. Kansas Highway Patrol will confiscate the bike on the spot if it's stolen, when they run the VIN.... or so I've been told.
Georgia, like Kansas doesn't issue titles on vehicles 1985 and older. I had my VINs run before I dragged the junk to Mississippi. The Sheriff's deputy told me any that weren't clean would be confiscated. I would have made life easy if I'd tagged every bit before hauling it to MS, but tags in GA mean insurance is required, not so in MS. Here I don't need insurance until I'm on the road. 50 states, 50 systems.
 

RustiePyles

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Georgia, like Kansas doesn't issue titles on vehicles 1985 and older. I had my VINs run before I dragged the junk to Mississippi. The Sheriff's deputy told me any that weren't clean would be confiscated. I would have made life easy if I'd tagged every bit before hauling it to MS, but tags in GA mean insurance is required, not so in MS. Here I don't need insurance until I'm on the road. 50 states, 50 systems.
Kansas actually does issue titles on ALL vehicles, you just don't have to have a title to get one. If it predates 1985 all you need is a BOS to get a title. We bought my wife's CJ360 without a title, but all it took was a BOS and a $25 inspection to get a title. Now If I sell it, it has a regular KS title. This is all assuming that the VIN does not come back as stolen.
 
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