My banshee was stolen.

[Rustynail]

I know they guy at the sheriff dept who is in charge of the Impounds...So hopefully it wont be needed. If that doesnt work i will have the previouse owner write me a bill of sale.

[#1JUANstunna]

 

but ALL states will issue a title.

 

NOT true!

[Nightmare]

I bought a banshee in Nevada and was issues a certificate of origin. No titles on off road vehicles just like many states.

 

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[WINDYCITYJOHN400]

NOT true!

 

True till you prove otherwise.

 

 

http://www.dmv.org/in-indiana/other-types-of-vehicles.php#Titling-a-Snowmobile-ATV-or-ORV

[VegasJeff]

I bought a banshee in Nevada and was issues a certificate of origin. No titles on off road vehicles just like many states.

Nevada now issues titles after a ten year gap of anything goes (lol)and now its like 5 forms and affidavits and notarized papers...the OHV decal is as big as a bumper sticker,you can see like 3 miles out. What a joke!

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[WINDYCITYJOHN400]

I bought a banshee in Nevada and was issues a certificate of origin. No titles on off road vehicles just like many states.

 

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 You are issued a bill of origin.

After that you use it to generate a title with the state.

Many states don't require that you get a title. But the court determines ownership by title. So you can have sale after sale go down, but if your machine is stolen....in the eyes of the law, you were never an owner. You just had it with no legal proof that you owned it. If that machine you bought with a "Bill of sale" was at any point in it's past listed as stolen......your Bill of sale only proves you guilty of receiving stolen goods.

This topic was covered in depth on Planet sand when Hooper's drag quad was stolen. He had bill of sale and the bike had custom painted graphics with his name on them. He had pictures of the quad from past years with him winning trophy's, pics of the bike as he was building it, people who would vouch for it having been his......but he had no title. He brought all his proof in and was actually CHARGED WITH A CRIME! (In Michigan it's illegal to have an ATV without serial numbers. His was a custom drag frame that didn't have any.) All he did was prove that he had possession of an ATV without serial numbers or a title. So he had to defend himself in court. Then the police sold his machine at public auction. (Ironic as it is that they themselves sold an ATV without a serial number, thereby committing a crime.)

 

I'm not talking out my ass guys. I've researched this quite heavily. You may not be required to have a title in your state. But ALL STATES WILL ISSUE A TITLE. Without one....the court will not except a bill of sale as ownership. It's only proof of payment. (possession is nine tens the law)

So your "Bill's of Sales" only protect you from the seller claiming you never fully paid for the agreed transaction. If you never got a title in the transaction, then you got screwed because that's the document that proves YOU now own it.......not anyone else.

 

Let's put it this way. I could load your quad in the bed of my truck and drive off with it.

You call the cops and tell them I stole it.

They catch me 1/2 mile down the road and arrest me and take the quad into custody. (they impound it)

Wether I'm charged with a crime or not...your not able to prove that you have legal rights to the quad without the proper documents. (A title) 

So your fucked. So that's my point guys. Your not REQUIRED by law to get a title for your ATV.......but before you drop thousands in mods on one...you sure should WANT a title.

[Finch]

hmm you can register a bike here with a bill of sale and get a title aslong as its not stolen..

[BB3]

That sucks Rusty.....this is a reason i never put my bike on Craigslist...to many shady people out there.

[So Cal Suspension]

One incident sticks out in my mind with windy's posts. I had impounded a couple Kymco ATV's in a rural area here, because the kids were riding on public roads, in traffic, no helmets, yada yada yada. The bikes came up clean, and were stuck into 30 day impound. The parents came and picked up the kids and the dad told me over and over about how he had just bought the bikes from Nevada, and never had registered them in CA (Yet. Of course). I told him he would need to show proof of ownership in order to get the bikes out of impound... All he had was a bill of sale. Come to find out, the bikes COULDN'T be registered in CA because he didn't have a title. The bikes sold at the next auction. California is one of the few states that require titles for damn near everything. Hell, bicycles valued over a certain dollar amount are issued titles now, because banks finance them.

 

As windy said, ANYTHING that is capable of being financed by a financial institution in the United States is able to get a title. Just because your particular state doesn't require a title for registration reasons, does not mean that you cannot get a title for the bike. A certificate of origin, as windy stated, is what you submit to your governing agency to obtain the title. EVERY state will issue a title if it came with a certificate of origin. That is the whole purpose of the COO.

 

I bet the banks that lent you the money on the bike that you purchased didn't just HOPE that you were going to return the bike if you stopped making payments... No siree bob, they had a title (perhaps paperless), but they had a title to that bike in the event that you defaulted, and they needed to repo the bike. I'd be willing to bet a good chunk of the bikes out there without titles have never been paid off, but the bank decided to eat the loss, rather than pursue reposession.

[WINDYCITYJOHN400]

Or as is the case in many situations, once the machine is paid for you get a bill of origin.

They it's assumed the the buyer would want a title to prove he now fully owns the item.

BUT....many states charge all the sales tax for the purchace at the time of the title transfer. So many people don't bothet because they want to skip paying the tax.

Regardless.....everybody says "My state doesn't issue titles" and they are just passing on bad info.

ALL STATES ISSUE TITLES.

WITHOUT A TITLE, IN THE EYES OF THE LAW YOU DON'T OWN YOUR ATV.

Now here is something you should all try to keep in mind.......the frame is the ATV. Everything else is parts. So your safest move is to strip your bike to bare frame, then take it to the state to have them generate a title for you.....that way if there are any problems, your only out a frame. Not an entIre ATV.

Real Facts and Good Advice. FREE! ....Your Welcome.

[special06shee]

On both my banshees all i had to do was a vin trace.(take a piece of paper and hold it over the frame and start coloring) then simply take that vin trace to my local notary and they applied for the title with that. I also had to do this with one of my old 450's. in all three of my cases i had zero problem obtaining a title! Maybe i just got lucky!! But the first thing i do before purchasing any atv is run the vin to ensure there are NO LEANS against the quad!

[shakar]

does registering an atv in your name show onership??

[special06shee]

Well someone correct me if im wrong, but im pretty sure you have to have a title to acquire registration? The vin number of the quad is right on the reg. card

[thekevin]

Special06shee where do you run the vin to check for leans.

 

Rustynail, hopefully the local law enforcement people won't be dicks since you helped them catch two counterfeiters and give you your bike back.

 

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[thekevin]

Liens not leans, damn phone.

 

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