Missouri Title via Declaratory Judgement

This title stuff can be easy or hard with the way each of the 50 states here in USA set their own rules. I know I have mentioned it before on this forum but years ago I traded a bike with someone who got the one I wanted from a dealer who had taken the bike in for some repairs. The owner of the bike had died before the bike was fixed. It was parked out back until someone asked about it. Dealer then sold it to this person without a title but did have the name of the owner and the out of state registration information. Bike was registered in Virgina as I recall.

Once I had the bike I contacted the Virginia DMV about how I could get a clear title to the bike and to my surprise it was pretty easy. They gave me the last know address of the owner and I was told to send a certified letter asking for the title to this address. I was told that if the letter came back unopened/not deliverable to then forward to a person at the Virginia DMV with my information and a nominal fee. I did this and after a couple months I was mailed a title from the State of Virginia. There may have been a couple steps I forgot but that was basically all it took.

On the other hand I was given a XS400 many years ago that was titled in NY, my home state, and the BS they expected me to go through was not worth the effort so I ended up selling it along with another XS400 to someone else who I believe was going to be using as a parts bike. Kind of a shame as the bike was complete and running just missing one sheet of paper. But the value of the bike was way less than what it would cost to make it legal in NY!
 
One additional thought, if he had the bike titled, it would be easier for him to apply for a lost title and transfer ownership to you. That is where I was lucky, no record of title.
This is where it gets tricky.
My friend bought the bike at an auction. The owner then mailed him the title that he did not transfer right away. When he finally tried to transfer the title, the previous owner was no longer a dealer. So, in order for him to do anything, he would have to get a duplicate title from that previous owner as a non-dealer.
We have attempted to contact this person several times, but he is not interested in helping.
I'm hoping for the best, but if it doesn't work out, I will have a complete motorcycle to part out.:)
Thanks for the reply.
 
Great information, and thank you! I too am in MO. I've previously used VT to successfully title 5 or so bikes. However that seems to have largely closed up to non-VT buyers back in June. Rather than look at the Title 42 process through Oklahoma, or the bonded title route, etc...I'm looking to just go the Declaratory Judgement route. Once I found it didn't require an attorney, and once I found it didn't have to cost a fortune, I thought I'd give it a shot. It seems to be the most direct way to an unencumbered title (vs bonded title, etc). It seems like I tool I'd like to know more about. The total you paid is actually a bit less than the VT method cost for me, and the wait time was about the same.
 
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I talked to the local office and they gave me a form that showed what I have (bill of sale) and what I still need (declaratory judgement). I attached that to my petition as one of the exhibits. Court date set for Feb 28. That's going to be a long six weeks 😫
I'll update this thread with the outcome when I have final judgment.

This is great to know! Do you still happen to have a copy of that form? If not I'll see if I can get in to my office tomorrow to get a copy of the form. Also, I don't have a notarized bill of sale nor a statement of purchase agreement...just a hand written BOS from the seller. In this case I can probably get both (seller is only about 40 miles away), but it would be good to know for future reference.
 
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My local DMV filled out Form 4808 (Incomplete Transaction Notice) indicating I needed a declaratory judgment in my favor. I used their official Bill of Sale form 1957 in the initial purchase. Along with these 2 items, I also attached as exhibits the VIN Check results from www.nicb.org/vincheck and motorcycle value from JD Powers just for good measure.
 
My local DMV filled out Form 4808 (Incomplete Transaction Notice) indicating I needed a declaratory judgment in my favor. I used their official Bill of Sale form 1957 in the initial purchase. Along with these 2 items, I also attached as exhibits the VIN Check results from www.nicb.org/vincheck and motorcycle value from JD Powers just for good measure.

Wow. That is far less than I was expecting. I was looking at doing published service (ads in paper), doing a vehicle title check through DMV, etc. However the vehicle in question for me is a 2014 TTR 230. Being so much newer I wonder if the requirements to prove ownership will be more stringent. I suppose I'd be better served planning for that, vs going to court and being told I don't have enough.
 
At times one actually feels thankful for the good ole DVLA in Swansea . . .
 
Up here (in Ontario, Canada) when you purchase a car, truck, bike or anything with a vin and registration, there’s a document you purchase (buyer or seller), called a UVIP (used vehicle information package). It tracks the registered ownership of the vehicle (not exactly sure how far back it goes), but certainly tells you who the last registered owner was. This is only for the Ontario and out of country or out of province records wouldn’t be available. This is somewhat helpful in searching the ownership history of a vehicle and may validate a sellers claims to the reason for a missing title. If you are States - side, or out of province you could purchase this on line for $20.00. All you need is the VIN.

For cars and trucks, this document states the value of the vehicle and you pay sales tax on the higher of actual declared price paid, or the value on the UVIP. Fortunately, motorcycle / Atv values are not in the system and you pay tax on declared value only. Hypothetically speaking, you could buy a bike for $15K and say you paid $1500 and you would only pay tax on the $1500. Only thing is that may raise a flag for an audit (although I’ve never heard of one being conducted). Being an honest person I always pay the higher tax amount 😈😀
 
Wonder how it works if I know exactly who I bought the bike from and he was the last one to have the title but since it was for a some day project I never worried about getting the title in my name and now when I finally got "round to it" several years later find out he died a few years back!
 
Missouri Resident Titling Requirements
You have 30 days from the date of purchase to title and pay sales tax on your newly purchased vehicle. If you do not title the vehicle within 30 days, there is a title penalty of $25 on the 31st day after purchase. The penalty increases another $25 for every 30 days you are late with a maximum penalty of $200.

Source: https://dor.mo.gov/motor-vehicle/titling-registration/
 
As long as you received the title signed and dated from the now-deceased owner as part of the original transaction, looks like you would just pay the maximum late fee
 
As long as you received the title signed and dated from the now-deceased owner as part of the original transaction, looks like you would just pay the maximum late fee
Not sure how it works here in NY State, if there is as to time limit to transfer title. Might see if the DMV has a site where a question like that can be asked. I do have s signed title but for some reason never got a bill of sale. I do have what is probably the last registration the guy had for the bike, that ran out in 1998! Like I said it was a "round to it" project!
 
I waited 15 years to transfer the title on my XS650SH. That meant a lot of taxes due. They simply fudged the date in my favor. I paid a small one time tax, a small title fee and a one time antique tag fee. The whole mess was about $60. What’s not to love about a small town in Mississippi?
 
Well don't tell anyone but the guy I got the 1978 650 from forgot to put a date on the title when he signed it to me but he did pass in 2019 and was kind of well know in the small city where the local DMV is located. So I would not want to try saying I bought it last month from him!
 
I met with the attorney on Thursday. He made it sound even simpler than I expected. He confirmed there's no reason an individual can't do this on his own. I asked him about doing a title search at the DMV, sending a summons to the last registered owner, HiPo inspection, etc. Going "full nuclear" to remove all doubts of my ownership claim. He told me all of that was unnecessary and just a PITA. He said the VIN check by local LEO is helpful prior to beginning the process (for my knowledge and his) but if it's stolen the DOR will catch that and submit docs. He said KISS principle applies to this entire process.


He said this is a civil suit against DOR (which I knew), and if DOR doesn't show (which they won't) it'll be a judgement by default. He said DOR does show to "DOR court" (people fighting suspensions, reinstatements, etc), but they don't show for these cases. Coincidentally as I was talking to my attorney another attorney left the court house. My attorney and the mystery attorney chatted for a while before mystery attorney left. My attorney said "He's the DOR attorney. He's the one who would be here to fight this. But he won't be here."


He showed me the forms he submits which are very simple. It's awfully close to the forms submitted on the XS650 forum I mentioned above. Initially he was going to have me notarize my affidavit to keep me from having to appear in court. When I explained I'd like to learn to do these on my own he offered to have me come to court with him, just to see what happens. So I'll be doing that instead. Afterward I plan on following this process for any other title-less vehicles I have. If this works it'll actually be less hassle than the VT method, less argument at the DOR, and likely less expensive (assuming doing it myself).


A poster on ADV spoke of his experience getting a judgement for title. He stated DOR did not charge him tax when he went to title the vehicle. While I hadn't thought about it, the judgement is stating the vehicle is already yours, not a purchase. That makes this less expensive and arguably less hassle than VT was.
 
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