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