TX DMV Called- I Still Own Truck I Sold 2 Years Ago...

[PWagon]

I'm in an unusual situation, and I'm not sure what to do. A little over 2 year ago I sold a 1992 short bed Chevy regular cab 4x4 with a 350, standard transmission with a clear Texas title in my name. I really liked that truck and didn't want to sell, but I needed the money. Anyhow, the guy I sold it to apparently never transferred the title to his name. It also appears the truck was then "sold" or handed over to some other guy in West Texas. No one knows how many times the truck has changed owners. Long story short, I just got a letter from the Texas DMV telling me that they (DMV) could not process a title transfer to a guy in West Texas because of insufficient paperwork/evidence. Much to my surprise I'm still the legal owner of the truck (2 years after I sold it).

Now, I'm all about the law and fairness, and I don't want to screw anyone out of money or property. Over the years I've learned in life that Karma doesn't like me much (or so it seems at times). I'd like to make sure the truck ends up in the rightful owner's hands. However, on the flip side, I don't have the time nor energy to track down where this truck has been, who has traded it to who, or what I can do to help fix this. I guess that's the hardest part of it all is trying to determine who the truck is supposed to go to. Frankly, it's not my problem. Should I just forget about this whole mess? Since the TX DMV says I still own it, I sure don't want to be liable for anything should the truck be involved in an accident or something like that. I'd sure appreciate any suggestions.

 

[nvrenuf]

So no one has the title you signed over at the time of your sale?

 

[obijuank5]

We have a release of liability form that you can fill out to indicate you sold it. Txdmv .gov or something. It really is going to be a pain to track down someone or them track you down. Is your information on the title the same as it was when you sold it? That's your only hope.
I don't think it's your responsibility to reach out but I think you do need to try and fill out the form to say it's gone.

 

[PWagon]

At some point years ago I could not find my title, so I filed a lost title application with the state. I filled out the lost title application, and the state sent me a replacement title (in my name). Later I sold the truck to a local guy and signed it over to him. He took the truck and the signed title. Fast-forward to a couple months ago, I found my original title hidden in my gun safe. Like I mentioned, yesterday I got a letter from the Texas DMV stating that I'm still the legal owner of the truck which tells me the local guy I sold it to never transferred the title into his name.

 

[sweetk30]

i know in ny state original cancels duplicate titles

but as you said karma man . . . .

like obijuank5 said if you dont want it fill out that form for legal reasons if anything .

 

[nvrenuf]

For this scenario I'd probably hold on to but pretend the original title is still missing. Somewhere there's a replacement title that you signed. Even if your buyer never transferred the truck he had to have the title to sell it to someone else.

At the very least, I'd do as Obijaunk5 suggested and submit the release of liability to put you in the clear. Beyond that let them deal with the train wreck your buyer created.

 

[skunked]

I always submit a release of liability, usually within the hour of the car leaving my possession. We can do them online.....

 

[TreeFarm]

I don't know about Texas but in other states I've dealt with. Id imagine the new owner will have to get a lien against the truck while the DMV waits for your response. you have three options from my perspective.

1. Claim the truck and get it back, after all you are the legal owner as far as the law is concerned.
2. Contact the DMV and tell them you don't want it and sign it over to the new guy.
3. Do nothing. The new owner will probably have to pay for a lien, if in that time nobody(you or the guy with the signed title since you are the only two that have documents of ownership) claims it, he becomes the new owner.

I've done this in the past. he has options. File with the local court, have a judge determine if he is the legal owner or not. File for registration in Vermont. There vehicles older than 10 or 15 years don't have titles. there reg is ownership. So if its not reported stolen and he has a bill of sale he can get proof of ownership from VT. Or he can find a mechanic or the DMV to put a lien against it for a sum of money to cover the vehicles cost.

 

[dyeager535]

Did you make a bill of sale?

Every state seems to have their own requirements, but long story short, buddy bought a car that was supposed to have a clear title. But after purchase, seller never produced it. He got the registered owners info from the state, and sent that individual a registered letter, as the DMV requires. Never got a response from the person. He lived in a rental and they were selling the house, and he had to get out of the house during the same time. So he dumped the car in a parking lot. Come to find out, the guy did get the registered letter, ignored it, but held onto it. So when the cops showed up at his place for dumping, he produced the registered letter that had my buddy saying he purchased the car.

In this case, I would think if you have a bill of sale, as long as you followed the proper procedures, maybe that will serve to push responsibility to the guy who bought it from you, where it should be.

Again in this state, the seller has a requirement to file a report of sale with the state within 5 days(?) or you get fined.

 

[PWagon]

I called Austin (DMV), and they verified that I did file a change of ownership application online. That released me of any liability. I was also told that I shouldn't worry about the subsequent buyers, and I can just ignore the ownership mess.

 

[obijuank5]

Nice

 

[diesel4me]

A good friend of mine had a similar scenario happen to him years ago..
He had a car he sold,and he left the title "open",so the buyer wouldn't have to pay sales tax on it right away-(he planned to fix the car up over the winter he said)...this is risky,because that person can re-sell it,and the next owner will appear to have bought it from YOU..
If the car fails to pass inspection,they can come back on you and demand a refund,if it was sold for over $700,the "lemon law" applies above that amount..

Then,a few months later,I guess that guy decided he needed cash more than the car and he sold it to another person..who never registered it,just attached a stolen plate,and used it in a robbery,and then abandoned it on the side of a highway in the next town over after it overheated--the police ran the VIN # and went to my friends house,seeing his name came up as the titled owner still,and he was brought in for questioning..

He was lucky the police believed his story ,he told how he'd sold the car months earlier,only because some of the officers had seen the car being driven locally by someone else that looked nothing like him,and was "known to them" and a few other town's police officers ,he was a repeat offender...my friends boss had to vouch for him,show the police his time card at work that week,and verify he was working the day the crime was committed..

They nabbed the suspect in another town a few weeks later,after another "smash & grab" robbery at a store,that had security cameras, and he admitted to owning the car after the police told him they found several items in it belonging to him,along with some stolen goods .but "legally" my friend still owned the car,so he was ordered to either come retrieve it himself,or have it towed to his house..he had it towed to a salvage yard and collected $150 for it..