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What is a Clear or Lien-free Title?

April 22, 2016louisiana

Applying for a title loan in Louisiana is only possible if you have a clear and lien-free vehicle title.

This means that you are the rightful and full owner of the vehicle by paying off the vehicle whether you have gotten it from a certified dealership or any other reliable dealers. There may not be any other parties who can claim ownership of this vehicle as well, for example if there is a co-signer, they can claim ownership and may not be used to enter a title loan contract.

In addition it must be lien-free, liens are often put on cars that have previously entered a title loan with another company and has either not paid it off or have defaulted on the loan. It is unlawful for both borrower and lender to enter a title loan contract with this type of title.

Obtaining a Copy of your Vehicle Title

In the state of Louisiana, you will be able to get your car title at your local Department of Motor Vehicles or Tag and Title service. There are multiple locations depending on your area, so feel free to contact or visit any of these locations. You are typically granted the title after you have completed any payment installments made towards this vehicle.

  • To get a duplicate copy you will need to apply in person with a:
  • Completed application (Form DPSMV 1799)
  • Copy of your vehicle registration
    • Failure to provide this can result in a delay and an eventual rejection for your application
  • Payment for $68.50, and an additional $8 handling fee for a total of $76.50 with any additional tax if applicable

If the owner of the vehicle is deceased, you may not apply for a title loan under their name. You must speak with an attorney regarding how their estate can be handled. If applicable, you will need to provide necessary documentation to change the name under the title, talk to your attorney about this.

Transferring Vehicle Title

To transfer a title from seller to buyer:

  • Both parties (buyer and seller) must complete the title assignment and have it notarized
  • Complete a vehicle application
  • Complete an odometer disclosure statement
  • Provide payment for any other fee
  • The seller must submit a notice of transfer or report finalized transaction online

You may also request a title transfer if you are new to the state of Louisiana or if the title is under someone else’s name. To do so, you must submit:

  • A complete vehicle application (Form DPSMV 1799) especially completing the “Out of State Declaration” section
  • A vehicle title certificate from the state you were at before
    • If you are currently paying off a car loan, you can submit a copy of the title or registration you have from the state you previously resided in
  • Proof of car insurance
  • Payment for any title transfer fees

If you have inherited the vehicle, you will need to go through several court processes to obtain ownership of the title:

  • If estate distribution is determined by court, will need a court order to complete a title transfer in Louisiana
  • If it is determined by the Department of Revenue (DoR), you will need to submit an Affidavit of Small Succession in addition to the title transfer application

If it can be determined by neither parties, you will need to submit both documentation:

  • Affidavit of Heirship (Form DPSMV 1696)

AND

  • A copy of death certificate and will

If the heir resides in a state outside of the title, it must be noted in a letter written by out-of-state officials.

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