dmv reg 262

Transcription

dmv reg 262
DMV
Update
2015
DMV Update
VIN 2014-27 - Miscellaneous Fee Increase
03
VIN 2014-28 - Reflectorized License Plate Fee
07
VIN 2014-31 - New Notary Acknowledgement Statement 09
Purchase of Vehicle Title of Trust
12
Transfer of Deceased
15
Waiver of Fees and Penalties
18
Record Lookups, INF 1128
20
2015
DMV Update
VIN 2014-27
Miscellaneous
Fee Increase
3
2015 DMV Update
4
2015 DMV Update
5
2015 DMV Update
6
2015
DMV Update
VIN 2014-28
Reflectorized
License Plate
Fee
7
2015 DMV Update
8
2015
DMV Update
VIN 2014-31
New Notary
Acknowledgement
Statement
9
2015 DMV Update
10
2015 DMV Update
11
2015
DMV Update
Sale and
Purchase of
Vehicle Titled to
a Trust
12
2015 DMV Update
Purchase of Vehicle Titled to a Trust
Vehicles registered to a trust-must show both the name of the trust and the name(s) of all trustees.
NOTE: The names of the trustees will not be keyed by DMV or in BPA but must still
appear on the titling documents.
New Vehicle Sale example:
New Car Report of Sale reads:
Jones Family TRST
Jones, John or Mary TRSTEE
Only type in name of trust in BPA screen:
Jones Family TRST
Trade in of vehicle with trust name only shown on title
·· Registered owner on title:
“Jones Family TRST”
·· Title or REG 262 must be signed off by trustee:
John Jones Family Trust by John Jones Trstee
and
·· REG 256 (Statement of Facts) must be submitted signed by trustee stating his or her appointment as trustee or successor
trustee by the trustor.
13
2015 DMV Update
Signature Examples:
Company or business endorsements:
The company or business name and the countersignature or initial of an authorized representative are required:
Example:
ABC Plumbing by J. Smith
Individuals Doing Business as (DBA)
The endorsement for an individual doing business as (DBA) a company/business must include the individual’s signature. The
company name is not required as part of the signature.
All of the following examples are acceptable for John Jones DBA Jones Cooler Service:
·· John
Jones
·· John
Jones DBA Jones Cooler Service
·· John
Jones DBA Jones Cooler Service by John Jones
Leased Vehicles
The lessor is the registered owner of a leased vehicle and must sign registration documents. The lessee’s signature is optional.
Example:
Smith Leasing Company by J. Jones
Trust Signatures must contain name of Trust, and at least one Trustee:
Example:
John Jones Family Trst by John Jones Tstee
When a business is appointed as attorney-in-fact, the countersignature must include the business name.
Signing for individual via power of attorney:
Example:
James Smith by L. Craig for American Auto
Signing for Company via Power of Attorney:
Example:
ABC Plumbing by L. Craig for American Auto
14
2015
DMV Update
Transfer of
Deceased
15
2015 DMV Update
Affidavit for Transfer Without Probate (REG 5) California Titled
Vehicle or Vessel Only
This form is used when the registered owner of a vehicle has been deceased for 40 days or more, and the value of the decedent’s
property in California does not exceed $150,000. The vehicle must be titled in California. The REG 5 is usually completed by the
next of kin.
·· The vehicle/vessel is titled in California.
Note: Vehicles/vessels titled in another state
must be transferred in that state (probate
requirements may differ from California).
·· 40 days have lapsed since the registered or
legal owner’s date of death.
·· If owned jointly by two or more decedents,
an original or certified copy of each owner’s
death certificate and a REG 5 for the most
recent decedent.
·· If owned jointly by two or more persons and
one is deceased, a REG 5 cannot be used to
circumvent the surviving owner’s interest.
However, the surviving owner (if an heir) may
complete a REG 5 to release the decedent’s
interest. The title must be signed twice, once
by surviving owner and once on behalf of the
decedent.
·· Obtain a REG 262 from the heir(s) to
dealership.
·· Remit two transfer fees
16
2015 DMV Update
***Transfer with Letters of Administration (BPA prohibited
transaction, must be submitted to DMV office).
When a person dies without leaving a will and an interested party (usually an heir) files a petition to the Superior Court, the
court appoints an administrator to administer the estate of the deceased and dispose of any property.
·· The appointed administrator is given Letters of Administration by the court.
·· The administrator may not grant power of attorney to another individual to act on his/her behalf for the estate.
-- Where the Public Administrator is the administrator of an estate, a Deputy Public Administrator may countersign for
the Public Administrator.
In addition to the basic transfer requirements, the following also apply:
·· The Certificate of Title must be signed for the deceased owner and countersigned by the administrator.
For Example: Lynn Smith, Administrator of Estate of Richard Roe
·· The original or a certified copy of Letters of Administration must accompany the transfer application.
-- Letters of Administration issued by an out-of-state court are acceptable.
***Transfer with Letters Testamentary (BPA prohibited
transaction, must be submitted to DMV office).
An executor or executrix is the person named in a will to carry out the terms of the will.
·· Upon petition, the Superior Court will verify the appointment of the executor in the will and issue Letters Testamentary
which give the executor the right to administer the estate of the deceased and to dispose of any property.
·· The executor may not grant power of attorney to another individual to act in his behalf for the estate.
In addition to the basic transfer requirements, the following also apply:
·· The Certificate of Title must be signed for the deceased owner and countersigned by the Executor/Executrix.
For Example: Joe Smith, Executor for the Estate of Mary Roe
·· The original or a certified copy of the Letters Testamentary must accompany the application for transfer.
-- Letters Testamentary issued by an out-of-state court are acceptable.
17
2015
DMV Update
Waiver of Fees
and Penalties
18
2015 DMV Update
Waiver of Fees and Penalties
Bounced Check on file at DMV and license plate does not have a current year sticker or no license plates on vehicle:
·· Penalties (only) may be waived upon payment of the registration fees due when the department determines that the
penalties accrued prior to the date the transferee (including a dealer) purchased the vehicle and the transferee was not
aware that the fees for the current or prior registration years were unpaid and due. (CVC §9562a). Write a REG 256,
Statement of Facts requesting the penalties be waived.
Bounced Check on file at DMV, current year sticker displayed on license plate:
·· Registration fees and penalties may be waived only when the department determines that the registration fees became
due prior to the transferee’s (including a dealer) purchase date and the transferee was not aware that the fees were unpaid
and due.
-- The license plate assigned to the vehicle must display a valid year sticker issued by the department that matches the
year for which the transferee is requesting a waiver of fees and penalties. (CVC §9562c)
-- A Statement of Facts (REG 256) stating that the transferee was not aware the fees were unpaid and due, and giving
the sticker number on the license plate, must be submitted with the application.
Waiver of Fees and Penalties, Lease Return:
The department shall waive any penalties due for late payment of registration renewal fees on a vehicle if all of the following
criteria are met:
·· The vehicle is sold through a dealer conducting a wholesale motor vehicle auction as provided in Vehicle Code §4456(b).
·· Immediately prior to the sale the vehicle was registered as a leased vehicle.
·· Delivery of the vehicle to the dealer conducting the wholesale motor vehicle auction is not later than 25 days after the
termination of the lease.
·· The date of termination of the lease and the date of delivery to the auction is reported on the application for registration or
transfer and registration.
-- This may be done on a Statement of Facts (REG 256) submitted with the application.
Note: Many auctions no longer include a statement of facts with the title. If your DMV processor feels penalties may be waived it
is worth a call to the auction.
Waiver of Penalties Repossessed Vehicles:
·· Pay all renewal fees due on a repossessed vehicle within 60 days of the repossession date.
·· When repossessed vehicle is sold through a motor vehicle auction dealer and all renewal fees due are paid within 60 days
of sale at auction.
Note: If item is not being transferred fees may be posted for penalty renewal.
19
2015
DMV Update
Record Lookups
INF 1128
20
2015 DMV Update
21
2015 DMV Update
22
Your Complete Solution
for DMV Processing
avrs.com
855.437.4400
NORTHERN CALIFORNIA
SOUTHERN CALIFORNIA
Petaluma Training Center
1137 North McDowell Blvd.
Petaluma, CA 94954
Tustin Training Center
15149 Woodlawn Ave.
Tustin, CA 92780