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  1. #1
    Join Date
    Mar 2014
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    1

    Default How You Get Title to a Vehicle if the Owner is Deceased

    How can I get a title for a vehicle central Florida that was brought in to my place to have work done over 4 years ago. I'm not a licensed mechanic so I can't file a mechanic's lien, but I had done an investigation and found the owner is dead with no one as executor. I have the paper work of the registration from the glove box and that's it. What can be done to get a title?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How You Get Title to a Vehicle if the Owner is Deceased

    The most obvious way? You can identify the owner's heirs, have them get title, then buy the car from them.

    Perhaps there are more facts you could share that would clarify the context.

  3. #3
    Join Date
    Nov 2013
    Posts
    6,702

    Default Re: How You Get Title to a Vehicle if the Owner is Deceased

    You should declare the car abandoned and apply for a new title. Whether you are a mechanic or not does not preclude you from filing a lean on the work that you have done. But what does that get you? If someone does not claim the car you will not collect on the lien.

    File for a title on an abandon car and then sell it.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How You Get Title to a Vehicle if the Owner is Deceased

    All of that is basically... wrong.

    Florida law allows for the owners of private property to have unauthorized vehicles removed from their property, Florida Statutes Sec. 715.07, although in most cases that requires that signs be posted restricting parking and removal does not give the landowner any claim to ownership. An abandoned vehicle can be reported to the police, and the police can take appropriate action to try to notify the owner, Florida Statutes Sec. 705.103, but that also would not give the landowner any claim.

    There's a statute that permits liens for any "person regularly engaged in the business of recovering, towing, or storing vehicles or vessels" who lawfully removes a vehicle at the behest of a landowner to assert a lien for towing and storage, Florida Statutes Sec. 713.78, but that power does not extend to the landowner. The statute authorizing a lien for services performed on personal property does not apply when no services are performed, Florida Statutes Sec. 713.58, and a person seeking to enforce such a lien against a vehicle has to provide proper notice to the actual owner, to publicize the sale of the vehicle to satisfy the lien, to properly sell the vehicle at a public sale, and to pay any surplus to the owner through a Florida court. Florida Statutes Sec. 713.585.

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