11.200 Warehouse Receipts Act

Warehouses, storage houses, railroad terminals, and other similar establishments may sell unclaimed vehicles stored with them under the provisions of the California Civil Code commencing with §3067, et seq.

11.195 U.S. Customs Sales (VC §5909)

The U.S. Customs Office may seize and sell vehicles for federal violations.

The following must be submitted:

11.190 Trust Transfers (VC §5600)

Establishment of a trust commits the property or assets of an individual(s) to a trustee for use or safekeeping.

Definitions:

Beneficiary—The one for whose benefit a trust is created.

Co-trustees—Two or more persons who are entrusted with property for the benefit of one or more persons.

Settlor—The term “settlor” is frequently used instead of “trustor.”

Successor Trustee—A trustee who follows or succeeds an earlier trustee and who generally has all the powers of the earlier trustee.

Trust—An arrangement where property is transferred with an intention that it be held and administered by a trustee for the benefit of some third party or parties. The trust is the registered owner.

Trustee—The person appointed or required by law to execute a trust. Generally, the same person may be both a beneficiary and a trustee; however, the sole beneficiary of a trust cannot be the sole trustee for the trust.

Trustor(s)—The one who creates, or whose confidence creates, a trust.

Transfer to a Trust—Transfers from an individual(s) to the trust (of/for the same individual(s) are handled as regular transfers.

In addition to the procedures listed in the Basic Transfer Requirements section in this chapter, the applicant must submit:

The California Certificate of Title with the names of the trust and trustee(s) shown in the new registered owner section on the back of the title. Examples:

Jones Family Trust
John Jones, Trustee
Address of Trustee

or

John Jones Family Trust
John M./Mary S. Jones, Trustees
Address of Trustees

Example: John Jones Family Trust by Mary S. Jones, Trustee.

Transfer From a Trust—In addition to the procedures listed in the Basic Transfer Requirements section in this chapter, the applicant must submit:

Documents with the releasing signature for the trust containing the trust name and countersignature of the trustee.

Example: John Jones Family Trust by Mary S. Jones, Trustee

IfThen
IfMore than one trustee name is shown without “or” or “and” (represented by a “/”) between the trustees’ namesThenEach trustee must release on the title.If only one trustee release is provided, a Statement of Facts (REG 256) form is required explaining the reason.
IfThe trustee signing is not the trustee named on the titleThenA REG 256 is required from that trustee stating their appointment as a successor trustee by the trustor or the retiring trustee.
IfA trustee releases interest on the title for a vehicle which is not registered to a trustThenOwnership of the vehicle is determined by the deceased owner’s will as contained in the trust document. Copies of the trust agreement and a Vehicle/Vessel Transfer and Reassignment Form (REG 262) to complete the chain of ownership may be required.
IfNo trustee name is shown on the titleThenA REG 256 is required from the trustee attesting to their appointment as trustee or successor trustee by the trustor.

Transfers of vehicle ownership from the registered owner to their revocable trust or specific family members cannot be completed when unpaid parking and/or toll violations are on the vehicle record. Transfers out of a revocable trust are not impacted.

All violations shown on the record must be cleared by the issuing parking/toll agency or paid to DMV and all other required fees and documents submitted to complete the transfer of ownership

Note: Family members affected are the registered owner’s natural or legally-adopted parent, grandparent, child, grandchild, spouse, domestic partner, and sibling.

Business Partner Automation Program Participant Procedures

When the application contains a REG 256 declaring a family transfer exemption from use tax and/or a smog inspection, or the transfer is to the revocable trust of the current registered owner, and unpaid parking and/or toll violations are on the vehicle record, submit the application to DMV for processing.

11.180 Transfer to “Estate of”

A vehicle may be transferred from the decedent to the estate of the decedent without any signatures on the California Certificate of Title.

In addition to the procedures listed in the Basic Transfer Requirements section in this chapter, the following must be submitted:

11.175 Transfer Only (VC §4452)

A “transfer only” is the transfer of a vehicle not currently registered without payment of registration fees. The vehicle record must reflect planned nonoperation (PNO) status and the vehicle cannot have been moved in a manner that would cause fees to become due.

In addition to the procedures listed in the Basic Transfer Requirements section in this chapter, the following must be submitted:

11.170 Transfer on Death (TOD) Beneficiary (VC §§4150.7, 5910.5, 9852.7, and 9916.5)

The registered owner of a vehicle/vessel may designate a transfer on death (TOD) beneficiary to whom ownership of the vehicle/vessel may be transferred upon death of the owner. The TOD beneficiary is not a registered owner and the signature or consent of the beneficiary is not required for any transaction involving the vehicle/vessel during the lifetime of the registered owner.

Adding a TOD Beneficiary—To add a TOD beneficiary, the following must be submitted:

First Line—The registered owner’s name is entered as usual. Only one registered owner name is permitted.

Second Line—The abbreviation “TOD” is entered followed by the beneficiary’s name. Only one beneficiary name is permitted. The TOD beneficiary may be an individual, corporation, trust, partnership, association, or other entity.

Third Line—The registered owner’s address is entered.

Signature Line—The registered owner’s signature is required.

Line 1—The registered owner does not have to sign line 1 to add a beneficiary.

The beneficiary’s signature is not required to add, change, or delete a beneficiary.

Changing or Revoking a TOD Beneficiary—During the lifetime of the registered owner, the owner may revoke a title held in beneficiary form or change the beneficiary’s name by selling or transferring the vehicle/vessel or by submitting an application for a new title completed without a TOD beneficiary designation.

Transfer of Ownership to Beneficiary—Upon the death of the registered owner, ownership may be transferred to the TOD beneficiary.

The following must be submitted:

Note: Ownership may be transferred to another person. The beneficiary must give the buyer the above documents and a bill of sale; two transfer fees are due.

11.165 Title Only (VC §§4452 and 6052)

A title only vehicle is a vehicle not previously registered in California, for which a California title only, without registration, was issued.

In addition to the procedures listed in the Basic Transfer Requirements section in this chapter, the following must be submitted:

11.160 Stolen or Embezzled Vehicles (VC §4605 and CRTC §10858)

Registration fees and penalties on stolen or embezzled vehicles may be waived in specific instances.

Fees and/or penalties do not accrue as a result of the operation of a stolen or embezzled vehicle if the owner or legal owner (lienholder) completes the appropriate documents. Fees become due upon first operation of the vehicle after the date of recovery.

Exception: Fees and penalties are due if the owner operated the vehicle after the registration expiration date and prior to the date of theft or embezzlement.

Transfer Only on Unrecovered Stolen or Embezzled Used Vehicles—In addition to the procedures listed in the Basic Transfer Requirements section in this chapter, the applicant must submit:

Note: A Certificate of Non-Operation/Planned Non-Operation Certification (REG 102) (PDF) form is not required for an unrecovered stolen vehicle. A Salvage Certificate is not issued for an unrecovered stolen vehicle.

11.155 Rush Titles (VC §9270)

A vehicle owner or dealer may request “rush title” special processing on applications. All rush title applications are processed only through the DMV Special Processing Unit (SPU) in DMV headquarters.

Note An Application for Replacement or Transfer of Title (REG 227) form may be processed as a Rush Title application.

Rush Title processing—The applicant must submit the application and fees due:

By mail to:
Department of Motor Vehicles
Rush Title Processing – MS D825
2415 1st Ave.
Sacramento, CA 95818


11.150 Rollbacks (VC§5901)

A rollback is when a buyer returns a vehicle to the dealer after operating it on the customer copy of the dealer’s report of sale. The report of sale cannot be voided when this occurs; all fees are due from the date of sale and must be submitted promptly to DMV. A sale canceled prior to operation of the vehicle by the buyer is not a rollback and the report of sale must be voided.

If a dealer sells a vehicle to a purchaser whose financing is rejected (requiring a new contract) and the replacement contract has a cosigner, another party added, or a new purchaser, the application must be handled as a rollback.

Note A dealer who returned all vehicle license fees (VLF) collected to the first purchaser may collect prorated VLF from the second purchaser based on the original purchase price and date of sale (VC §11713(g)). However, VLF cannot be charged when the second buyer is a qualified nonresident military person who is exempt from VLF.

New Vehicle Rollback —When a new vehicle rollback is subsequently sold to a second buyer or registered to the dealer, the following must be submitted:

Registration fees based on the original (first buyer’s) purchase price and date of sale and a transfer fee for the transfer to the second buyer. A smog certification is not required provided the original REG 397 is submitted.

Note If registration fees are paid within 20 days from date of sale to the first buyer, the dealer will not be charged an ASF for an over 20-day violation, regardless of the length of time the report of deposit of fees (RDF) is held pending sale to a second buyer. The dealer has 30 days to submit the transfer application without penalty.

Used Vehicle Rollback— In addition to the Basic Transfer Requirements listed in this chapter and in chapter 10 for nonresidents, the following must be submitted:

Note The dealer may register a rollback in the first buyer’s name, using the dealer’s address. The REG 256 indicated above must still be submitted.

Nonresident Vehicle Rollbacks— In addition to the nonresident requirements in Chapter 12, the following must be submitted:

When processing:

Sales to Nonresident Military (NRM) Personnel, in addition to basic transfer or nonresident requirements, the following must be submitted:

A Notification of Alternative Forms of Financial Responsibility (REG 5085) (PDF) form.

Note Rollback procedures do not apply once certificates have been issued on a dealer sale to the first buyer (even if the vehicle is subsequently returned to the dealer). The application must be processed as a transfer of ownership. If the first buyer paid VLF and the second buyer is an NRM, the VLF paid earlier is due.