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billydunwood
join:2008-04-23
united state

billydunwood

Member

California DMV/How to find name/address

Hello,
My friend bought a motorcycle from Party A. Months later, he sold the motorcycle to Party B. He lost the title and also Party A never signed a release of liability form or told the DMV that he sold it. When we went to the DMV to get a duplicate title since it was lost by my friend, they said that it was still in the previous owner's name and we need to get a release of liability from him before we can get a title to give to Party B. The problem is, my friend lost the info of Party A(the previous owner) and the DMV said they can not give us his info. Is there any way for us to get the previous owner's information? We have the VIn and Lic plate #.

MEDIAN2k3
Your Ad Here
Premium Member
join:2002-12-04
Howard Beach, NY

MEDIAN2k3

Premium Member

While I am not a resident of California, I know in some states you can file a FOIL request, which is Freedom of Information Law, in California its Freedom of Information Act, a google search will yield some helpful forms.

skipon11
Premium Member
join:2005-06-09
Pittsburgh, PA

skipon11

Premium Member

I think DMV info is considered personal,and would not be covered under the Freedom of Information Act.
billydunwood
join:2008-04-23
united state

billydunwood

Member

said by skipon11:

I think DMV info is considered personal,and would not be covered under the Freedom of Information Act.

I would naturally agree with you. But there has got to be a way of tracking down the previous owner for cases like these.
lawsoncl
join:2008-10-28
Spirit Lake, ID

1 recommendation

lawsoncl to billydunwood

Member

to billydunwood
For starters, the Release of Liability form does not transfer ownership nor does it actually remove the original owners name from the vehicle registration. It's purpose is to notify DMV that you don't own the vehicle so that parking tickets, traffic violations, etc don't end up in your name.

It would appear your friend neglected to register the vehicle within 10-days of the sale as required by CA law, which is why DMV shows it belonging to Party A (again nothing to do with the release form). You do realize that Party A can report it stolen at this point, right?

»www.dmv.ca.gov/portal/dm ··· /welcome
billydunwood
join:2008-04-23
united state

billydunwood

Member

said by lawsoncl:

For starters, the Release of Liability form does not transfer ownership nor does it actually remove the original owners name from the vehicle registration. It's purpose is to notify DMV that you don't own the vehicle so that parking tickets, traffic violations, etc don't end up in your name.

It would appear your friend neglected to register the vehicle within 10-days of the sale as required by CA law, which is why DMV shows it belonging to Party A (again nothing to do with the release form). You do realize that Party A can report it stolen at this point, right?

»www.dmv.ca.gov/portal/dm ··· /welcome

Oh yea, I told my friend he is an idiot for not registering it.

BKayrac
Premium Member
join:2001-09-29

BKayrac to lawsoncl

Premium Member

to lawsoncl
said by lawsoncl:

It would appear your friend neglected to register the vehicle within 10-days of the sale as required by CA law, which is why DMV shows it belonging to Party A (again nothing to do with the release form). You do realize that Party A can report it stolen at this point, right?

His friend could also do whatever he wanted and ditch the bike, and they would visit party A.

Of course that isn't suggested as it shouldn't be that hard to figure out party A doesn't have the bike anymore. But it might be amusing

Anonymous_
Anonymous
Premium Member
join:2004-06-21
127.0.0.1

4 edits

Anonymous_ to billydunwood

Premium Member

to billydunwood
you can always call local sheriffs they can run the plate(non emergency #) ( they may or may not tell you the address of were it's registered ) I called in a car that seem to have been dumped but it turned out te car was registered in the townhouse next door . (obviously a insurance pricing scam) because the car had never been seen months at a time so it's very obvious it's registered here to scam the insurance into getting a lower price since they go by zipcode and this zip code has a low accident rate = lower price

He better find the title because the barrier can claim ownership (and report it stolen) (especially since it's signed) and you can go to jail for having stolen property and GTA

once you possess the paper work you will get a new title with the new owners name on it.

he should have did this when you got it

I think the reason why he did not want to register it was because he did not want to pay sales tax and transfer fees?

I'm I right?

Now the DMV is going to drain his bank account with late fees etc...

Hope he has some extra money on hand.
at lest 1000-1500 to pay for all those fees

It' a huge scam the state runs with those sales tax (since it's collected several times on the same item)

double,tripple dipping if you ask me

IowaCowboy
Lost in the Supermarket
Premium Member
join:2010-10-16
Springfield, MA

IowaCowboy to billydunwood

Premium Member

to billydunwood
Under federal law the DMV/RMV (whatever you call it) cannot give out information on a driver. It's called the federal Driver Information Privacy Act.

When I bought my car the dealer told me to treat the title like cash. I took it straight to the RMV and registered it. If you lose the title the original owner can go to the RMV and get a duplicate title and sell the car to someone else.
tcope
Premium Member
join:2003-05-07
Sandy, UT

tcope to billydunwood

Premium Member

to billydunwood
Let me see if I have this correct...

Your friend bought a vehicle but never took the tite to the DMV to have him listed as the new owner and the title changed to his name. It's unclear if the prior owner signed the title as a seller but I'm guessing he did.

Your friend is now _trying_ to sell the vehicle to someone else. He can't sell it without showing he owns it and as far as the DMV concerned (the agency that issues ownership documentation), the owner is still that first person.

I can say that most DMV people refuse to give out ownership information even when they are required by law. I had an uninsured person hit my car. The DMV refused to give me their information even after I pointed them to the state Statute that required them to release the information.

I think your friend _might_ be able to apply for the title... perhaps stating that the vehicle has been abandonded in in possesion. He may want to look into this angle. Also, I'd recommend he go to the DMV and speak to someone in person about this issue. I'm sure the DMV has been through this situation many times. They tend to help a little more when they are looking face to face with a person.

skipon11
Premium Member
join:2005-06-09
Pittsburgh, PA

skipon11 to billydunwood

Premium Member

to billydunwood
I just remembered a situation I had a few years ago,no need to go into all the details,this was in Pennsylvania. I called the DMV and they would not give me any information on the owner,instead they took my information and phone number and gave it to the person on the Title. That person did call me.
billydunwood
join:2008-04-23
united state

billydunwood to tcope

Member

to tcope
said by tcope:

Let me see if I have this correct...

Your friend bought a vehicle but never took the tite to the DMV to have him listed as the new owner and the title changed to his name. It's unclear if the prior owner signed the title as a seller but I'm guessing he did.

Your friend is now _trying_ to sell the vehicle to someone else. He can't sell it without showing he owns it and as far as the DMV concerned (the agency that issues ownership documentation), the owner is still that first person.

I can say that most DMV people refuse to give out ownership information even when they are required by law. I had an uninsured person hit my car. The DMV refused to give me their information even after I pointed them to the state Statute that required them to release the information.

I think your friend _might_ be able to apply for the title... perhaps stating that the vehicle has been abandonded in in possesion. He may want to look into this angle. Also, I'd recommend he go to the DMV and speak to someone in person about this issue. I'm sure the DMV has been through this situation many times. They tend to help a little more when they are looking face to face with a person.

My friend went to the DMV in Friday and did exactly what you asked. Now its up to the DMV headquarters in Sacramento to accept or reject that request.
PrntRhd
Premium Member
join:2004-11-03
Fairfield, CA

PrntRhd to billydunwood

Premium Member

to billydunwood
ALWAYS get a signed "release of liability" and take it to the DMV/BMV promptly when you sell a vehicle.
Protects your credit rating and stops the buyer from driving the car without registering it, possibly at your expense. If he crashes into someone the insurers and the state goes after the owner of record...YOU!

IowaCowboy
Lost in the Supermarket
Premium Member
join:2010-10-16
Springfield, MA

IowaCowboy

Premium Member

Never heard of a release of liability. We don't do those in Massachusetts. All we do is just cancel the registration and insurance and the vehicle is no longer road legal when we sell it besides signing the title over.

Gbcue
Premium Member
join:2001-09-30
Santa Rosa, CA

Gbcue

Premium Member

In CA, when signing the title over, there's a little tear off section that has the Release of Liability.

You can either mail it in or do it online. It basically releases you of any liability in case the new driver gets a bunch of tickets and such.

To the OP, your friend is the reason why the wait times at the DMV are ridiculous.

IowaCowboy
Lost in the Supermarket
Premium Member
join:2010-10-16
Springfield, MA

IowaCowboy

Premium Member

Here in Mass when you cancel the registration they give you a plate return receipt which serves as proof the registration was cancelled. In the old days you had to physically go to the RMV and turn in the plates but now you can do it online and print out the plate return receipt. An insurer will not allow you to voluntarily cancel insurance without a plate return receipt but they will cancel for non payment and they have to notify the RMV and the registration becomes null and void. You'd be surprised how many unregistered/uninsured/cars with safety and emissions rejections are driving out here.

I bought plenty of uninsured and underinsured motorist coverage when I insured my ride.
billydunwood
join:2008-04-23
united state

2 recommendations

billydunwood to Gbcue

Member

to Gbcue
said by Gbcue:

To the OP, your friend is the reason why the wait times at the DMV are ridiculous.

I don't agree. 1. I don't think many people are in the same situation as him, plus he had an appointment(most people at the DMV don't have appointments). 2. I blame it on the illegal alliens now allowed to get ID's and licenses at the DMV.

Jim Gurd
Premium Member
join:2000-07-08
Livonia, MI

Jim Gurd to Gbcue

Premium Member

to Gbcue
said by Gbcue:

In CA, when signing the title over, there's a little tear off section that has the Release of Liability.

In Michigan you're either supposed to accompany the buyer to the Secretary of State office to transfer the title, or keep a record of the sale for 18 months.

»www.michigan.gov/sos/0,4 ··· ,00.html
PrntRhd
Premium Member
join:2004-11-03
Fairfield, CA

PrntRhd to IowaCowboy

Premium Member

to IowaCowboy
In California the license plate stays with the vehicle unless the seller removes it for personal reasons. This means the license plate/stickers will appear to be up to date for up to a year after the sale so some buyers try to cheat and not register the sale right away.
It is a mixed bag, the DMV/LEOs can more easily identify the vehicle issued the plate since it has always been associated with that vehicle.

IowaCowboy
Lost in the Supermarket
Premium Member
join:2010-10-16
Springfield, MA

IowaCowboy

Premium Member

If I lived in CA, I'd be one of those that removed the plates for "personal reasons" forcing the buyer to register the car and get new plates.