so, this isn't automotive, but I figured someone will have dealt with a similar situation before.
i bought a SeaDoo jet ski that had been sitting for some time, the tags expired in 09 and it had been sitting when that happened, so, a while.
when i bought it I didn't think to ask about there being two names on the title, given that they both had the same name. when i went to get the title changed and registration done, "there's a problem" both people on the title have to sign it and the bill of sale. Ok, no problem, guy promised to help if there were issues so i call him. "hey, i'm guessing the other guy on the title is your dad? he needs to sign the title and bill of sale before i can change it over" i'm sure you can see where this is going, the guy is actually his grandfather that died over a year ago.
apparently there might not be a will, so Tx parks & wildlife tells me they need to fill out an affidavit of heirship which has to be signed by all heirs and notarized so that he can transfer title..
He has promised to try to get whatever paperwork is needed in order, so i am hopeful that i can get it resolved, but the "what if?" is in the back of my mind.
so, is there an easier way? if he decided to do nothing since he's already been paid, what is my recourse? small claims? bonded title (real PITA in TX apparently)? shotgun?
yamaha
HalfDork
9/10/12 2:51 p.m.
There could also be an "Affidavit of ownership" process in your state as well......decent alternative considering the circumstance.
Texas? Shotgun.
But in all reality, if it can't be taken care of, he gets the water-bike, you get the money. Small claims (depending on how much $ is involved).
Keep your spirits high, may require some time, but he should be able to take care of the problem.
Remove motor. Build go-kart.
N Sperlo wrote:
Texas? Shotgun.
But in all reality, if it can't be taken care of, he gets the water-bike, you get the money. Small claims (depending on how much $ is involved).
Keep your spirits high, may require some time, but he should be able to take care of the problem.
This is what i'm doing right now, just trying to keep communication up with the guy so he doesn't forget about me (and his obligation to transfer clear title)
93EXCivic wrote:
Remove motor. Build go-kart.
Those things are cooled with water from the lake/ocean/etc. correct? If so... it might be prone to overheating/pinging without some serious cooling hardware to go with it.
scardeal wrote:
93EXCivic wrote:
Remove motor. Build go-kart.
Those things are cooled with water from the lake/ocean/etc. correct? If so... it might be prone to overheating/pinging without some serious cooling hardware to go with it.
Crap I think you are right.
93EXCivic wrote:
Remove motor. Build go-kart.
Similar to what I did here.
Ojala
Reader
9/10/12 4:06 p.m.
In reply to Strizzo:
Ahhhh...boat titles, how I do hate them.
Of course you need the PWD 143 to start. If there is no PWD 790 (and Im assuming not) then yes you will need the PWD 738 Affidavid of Heirship form. If his wife is still alive then you will only need her signature, but if the heirs are the children, then you will need all of them to sign off and get it notarized.
And yes this is usually easier than a bonded title. If you go the bonded title route you will need the PWD 388 ( I think thats the number) in addition to the PWD 143. Be warned though that the PWD 388 is one of the dreaded "request to consider" forms. You dont even submit money with this form because you are just applying for them to consider whether they will accept the form and then process your PWD 143. That usually involves an inspection and in this case you would most likely have to get affidavits anyways. With the cutbacks at Texas PWD I dont even need to tell you what a pain this whole process can become.
93EXCivic wrote:
scardeal wrote:
93EXCivic wrote:
Remove motor. Build go-kart.
Those things are cooled with water from the lake/ocean/etc. correct? If so... it might be prone to overheating/pinging without some serious cooling hardware to go with it.
Crap I think you are right.
they pull water from the lake, but it is run through a water jacket in the exhaust first to warm the water and cool the exhaust, then through the head and back into the exhaust water box/out the back. operating temp is 150-190 degrees, the overheat alarm goes off at 210 iirc, so if you could rig up an inline thermostat, it might be made to work, but i don't think the rotax 125 kart motor ran a thermostat, it was just expected to be run WFO all the time, and the water pump ran from an o-ring drive off the axle. in other words, it could be done, but a dirtbike motor would probably have more usable power and be less hassle in the end i bet.
Ojala wrote:
In reply to Strizzo:
Ahhhh...boat titles, how I do hate them.
Of course you need the PWD 143 to start. If there is no PWD 790 (and Im assuming not) then yes you will need the PWD 738 Affidavid of Heirship form. If his wife is still alive then you will only need her signature, but if the heirs are the children, then you will need all of them to sign off and get it notarized.
And yes this is usually easier than a bonded title. If you go the bonded title route you will need the PWD 388 ( I think thats the number) in addition to the PWD 143. Be warned though that the PWD 388 is one of the dreaded "request to consider" forms. You dont even submit money with this form because you are just applying for them to consider whether they will accept the form and then process your PWD 143. That usually involves an inspection and in this case you would most likely have to get affidavits anyways. With the cutbacks at Texas PWD I dont even need to tell you what a pain this whole process can become.
no, there is no form 790 (survivorship form) as this was sitting unused at the time the grandfather died, i sent him a link to the 798 heirship form. his dad would be the heir and i'm not sure that this guy has any claim of heirship being a grandchild. i just hope there isn't an eccentric uncle nobody talks to anymore.
i already did fill out 143 vessel/boat application, and have done all of my part of the paperwork, just need the previous owner and his family to tie up these loops in order to be able to get it done.
Datsun1500 wrote:
Take the title back to him. Wait 2 days. See if he found the one Grandpa signed before he died. It will look like the one you have, but have both signatures....
yeah i thought about that, BUT i'm sure somewhere there is documentation that the guy died over a year ago, and all of sudden he signed a title this month, something doesn't add up, then someone comes looking for me wanting an explanation... if grandpa was still alive i would probably bring it back to him and ask him to "get grandpa to sign the docs" and i'm going to lunch and be back in a couple hours.
one time the lady told me at the Illinois DMV that if I happen to go to the parking lot and it so happens that my mother-in-law is there and she happens to sign the tax paper and I bring it back signed - she can put my title through and charge me a lower tax rate on my car.
Datsun310Guy wrote:
one time the lady told me at the Illinois DMV that if I happen to go to the parking lot and it so happens that my mother-in-law is there and she happens to sign the tax paper and I bring it back signed - she can put my title through and charge me a lower tax rate on my car.
My neighbor had the "same" DMV worker help him. He bought a boat and a trailer. The trailer got impounded (with boat attached). Was just a lack of attention because he got both titles when he bought it, but didn't register the trailer. Nice lady at the DMV asked him to go out to the parking lot to see if the previous owner was out there to sign it. It took a couple of "suggestions" for him to realize what she was trying to tell him.
Had to make similiar arrangements when I couldn't track down the previous-previous owner when I bought my $700 240SX. They really don't look twice at cheap vehicle transactions.
I ain't a lawyer...
When I lived in Texas, I had a lot of bikes once. Some had titles, some didn't when I bought them. Basket cases, etc. You can request a "Title Hearing" where you present your paperwork and request a title, down at the county tax office. You might try that. A death certificate would probably help, with a letter from the grandson.
oldtin
SuperDork
9/10/12 7:52 p.m.
I would be stunned if the texas dmv has any direct link to the social security death index or the texas office of vital statistics. What the dmv is interested in is processing paperwork with the least number of errors possible. Variances to their process throws them - so it gets kicked out to some other division or department. If a title shows up with grandpa's signature - all is in order, process the work... no signature - we have forms for you to complete to request that we review some other forms we want you to complete in order for us to consider thinking about what to do with the sea doo title thing of yours - perhaps we should charge you a bond fee and think about it some more. FWIW, I haven't registered the title to the old race car. I have the PO's signed title, but as far as I know he got hit by a bus a year ago. When I do register it, the clerk won't know if it was signed yesterday or ten years ago (grand pa could have signed it years ago and just given it to the kid....)
Wisconsin will title a PWC with only a bill of sale as long as its never been titled in Wisconsin before. Then you can take that title anywhere. Now, if only you had a friend in Wisconsin who liked Jetskis...
patgizz
UltraDork
9/10/12 8:48 p.m.
i bought a truck with a title that had not been signed and was printed/last transferred in 1952. it was so old the address was RFD carrollton ohio. the man was dead since the 60's.
"somehow" my notary witnessed "him" signing it in 2011. i took his signed title to the title bureau, the lady said wow this is old and i said i was a sucker for old stuff that needs a ton of work, and 5 minutes later i walked out with the truck in my name.
wink wink hint hint say no more.
Ojala
Reader
9/10/12 10:51 p.m.
In reply to oldtin:
This is not the Texas DMV...its the Texas Parks and Wildlife Department.
Its like dealing with the DMV if the DMV wasnt really set up to handle titles and almost none of the employees knew anything.
..so its like the DMV, nevermind.
Strizzo
UberDork
9/10/12 11:49 p.m.
Ojala wrote:
In reply to oldtin:
This is not the Texas DMV...its the Texas Parks and Wildlife Department.
Its like dealing with the DMV if the DMV wasnt really set up to handle titles and almost none of the employees knew anything.
..so its like the DMV, nevermind.
At least when I go in, the line is short. The two times I've been, i was either the only one there or there was one other guy. Two weeks ago it took an hour and a half in line for five minutes of talking and paying to get the trailer tagged. At least that was relatively hassle free aside from the wait.
i know i might get slapped down for this, but why didn't you make sure that both people that own this thing signed it before handing over the cash? if his dad died, it could have been as simple as you going to use the bathroom or make a cell phone call or something and coming back to realize that yes, he did sign the title before he died and you must have missed it the first time you looked at it...
Or, magically, he signs the title and you go back to the MVA folk and the new title in your name.
Dunno about Texas but here in SC boats and PWC's are titled etc by the fish and game folks who are also part of DHEC. And man are they wack to deal with. We had to sell my dad's boat after he died, it took approximately forever to get the title. Then, after the title was issued to the new owner, they filed a lien on the title for unpaid property taxes that my dad owed. This screwed up the sale like you would not believe.
Strizzo
UberDork
9/11/12 11:07 a.m.
novaderrik wrote:
i know i might get slapped down for this, but why didn't you make sure that both people that own this thing signed it before handing over the cash? if his dad died, it could have been as simple as you going to use the bathroom or make a cell phone call or something and coming back to realize that yes, he did sign the title before he died and you must have missed it the first time you looked at it...
fair enough, i should have asked about the second name on the title, but didn't. the guy seems to be cooperating, but i'm not sure i want to suggest that he do any of the methods that fall into the "gray area" as suggested throughout this thread. i would have expected those to get slapped down before your comment would, at least.