11.035 Court Action Judgment (VC §5909)
A judgment is the final determination of the rights of the parties in an action or proceeding (California Code of Civil Procedures §577). A judgment may also be pending a final decision such as an Interlocutory Decree of Divorce issued prior to the Final Judgment of Dissolution.
11.030 Consul Corps Vehicles
Consul Corps vehicles are registered through the federal government.
When a prior Consul Corps vehicle is transferred, the application is processed as an original nonresident application. In addition, a Certificate of Title or a Certificate of Authority to Sell a Vehicle issued by the U.S. Department of State must be submitted.
Any questions regarding the Diplomatic Motor Vehicle Program should be directed to the Office of Foreign Missions by electronic mail at OFM-DMV@state.gov or:
Diplomatic Motor Vehicle Program
Office of Foreign Missions
3507 International Place, NW
Washington, DC 20522-3303
(202) 274-1217
11.025 Conservators or Guardians (VC §5909)
When the court appoints a conservator or guardian to administer the estate of a minor or an incompetent person, the court issues appointment letters to the conservator/guardian. Proceedings are generally governed by provisions of the California Probate Code. The court regulates and controls the duties performed by the conservator/guardian in this capacity.
A conservator manages the affairs of an individual who lacks the capacity to manage their own affairs. A guardian is responsible for an individual, usually a minor, and manages that individual’s affairs.
- When the conservator or guardian is a Public Administrator, a Deputy Administrator may act on the Public Administrator’s behalf.
- When an individual named in the appointment letters is not identified in the letters as a Public Administrator, that person shall act or that person may grant power of attorney to another individual to act on their behalf.
- When the conservator is a corporation such as a bank, any officer of the corporation may act on behalf of the corporation.
In addition to the procedures listed in the Basic Transfer Requirements section in this chapter, the following must be submitted: - The California Certificate of Title with an endorsement showing the name of the registered owner and countersigned by the conservator or guardian.
Example: John Doe by Jane Smith, Conservator - The appointment letters certified by the clerk of the court, or a photocopy of the certified copy.
- Use tax or in lieu of tax, a Certificate of Vehicle, Mobilehome, or Commercial Coach Use Tax Clearance (BOE 111) form issued by the Board of Equalization (BOE) and a Statement of Facts (REG 256) (PDF) form.
11.020 California Welfare and Institutions Code Sales (CW&IC §148)
The California Welfare and Institutions Code (CW&IC) contains a provision for disposing of certain properties of inmates of institutions.
The following must be submitted:
- The California Certificate of Title or an Application for Title or Registration (REG 343) (PDF) form and the nonresident title as appropriate.
- In lieu of the registered owner’s signature(s) on the title, accept an affidavit authorizing the sale which contains a description of the property sold, the name of the buyer, and a statement indicating compliance with the provisions of the CW&IC concerning notices.
- A release by the legal owner (lienholder), if any, on the California Certificate of Title or on a Lien Satisfied/Titleholder Release (REG 166) (PDF) form.
- A Verification of Vehicle (REG 31) (PDF) form, unless there is a vehicle record on the database or the California Certificate of Title is submitted.
- The odometer mileage disclosure on a complying title or on the REG 262, as appropriate.
- A smog certification, if appropriate.
- The fees due.
11.015 Basic Transfer Requirements (VC §§5603, 5751, and 5753)
For a basic transfer of a California-registered vehicle, the following must be submitted:
The California Certificate of Title properly endorsed for transfer as follows:
Line 1—The registered owner(s) of record must release interest:
| If the Vehicle Is Registered to | The Following Is Required |
|---|---|
| If the Vehicle Is Registered toCo-owners joined by “and” (a slash [/] symbol between the names) | The Following Is RequiredThe signature of each owner |
| If the Vehicle Is Registered toCo-owners joined by “or” or by “and/or” | The Following Is RequiredThe signature of only one owner. |
| If the Vehicle Is Registered toCo-owners with a Joint Tenants with Right of Survivorship “JTRS” designation | The Following Is RequiredThe signature of each owner. |
| If the Vehicle Is Registered toA business entity | The Following Is RequiredThe name of the business entity and an authorized representative’s countersignature. |
| If the Vehicle Is Registered toAn individual doing business as (dba) | The Following Is RequiredThe signature of the individual. |
| If the Vehicle Is Registered toA sole owner(s) (there is no legal owner (lienholder) of record) | The Following Is RequiredThe signature of the sole owner(s). Note You may accept the signature of a sole owner on line 2 instead of line 1. |
| If the Vehicle Is Registered toA trust with a trustee listed | The Following Is RequiredThe signature of the trustee for the trust. |
| If the Vehicle Is Registered toA trust without a trustee listed | The Following Is RequiredThe signature of the trustee for the trust. Require a Statement of Facts (REG 256) form certifying to their appointment as trustee for the trust. |
Note A Vehicle/Vessel Transfer and Reassignment Form (REG 262) is acceptable in lieu of the registered owner’s signature(s) to release on line 1 of the title or on the Application for Replacement or Transfer of Title (REG 227) (PDF) form.
Line 2—The lienholder of record, if any, must release interest on line 2 or a Lien Satisfied/Legal Owner/Title Holder Release (REG 166) (PDF) form unless the name of the lienholder is to remain the same for the new owner, in which case, enter “Same” on Line 2 and reenter the name and address of the lienholder on the back of the title. If a California titled vehicle is two model years old or newer, a lien release on REG 227 (PDF), REG 166 (PDF), or any other type of lien release are not acceptable. A replacement title must be requested by the lienholder of record.
Note Refer to Chapter 23 for unavailable legal owner procedures.
Odometer Mileage Disclosure—Must be entered on a complying title or on a Vehicle/Vessel Transfer and Reassignment Form (REG 262). Refer to Chapter 5 for odometer information.
New Registered Owner Section—The name, address, and driver’s license or identification card (DL/ID) number for each new registered owner must be entered on the appropriate lines.
Note If an owner has not been issued a California DL/ID card, their out-of-state DL/ID number, if any, is acceptable. Print the out-of-state DL/ID number and state of issuance in the upper-right corner of the face document or application. The out-of-state DL/ID number cannot be keyed but will be microfilmed with the title.
The word “None” should be entered for persons who have not been issued a DL/ID card from California or any other state.
Purchase Price and Purchase Date—The purchase price or the word “Gift”or “Trade” must be indicated. For a gift or trade, the new owner must indicate the vehicle’s estimated value on a Statement of Facts (REG 256) (PDF) form.
New Legal Owner/Lienholder Section—The name and address of the new legal owner (lienholder), if any, must be entered on the appropriate lines. The word “None” should be entered when there is no lienholder.
Note Applications submitted by a dealer lacking this information must be returned to the dealer.
- A smog certification, if appropriate, or evidence of exemption.
- The transfer fee, any other fees due, and use tax or evidence of exemption. Refer to Chapter 4 for use tax information. The transfer fee must be paid within 30 days of the date of transfer to avoid a late penalty. If the customer pays the transfer fee on time, they may pay the use tax without penalty when the application clears.
Note When a transferee acquires a vehicle and the registration subsequently expires, the transferee has 20 days from the date of transfer to pay renewal fees without penalty (VC §9553). - A Certificate of Excise Tax Clearance (CDTFA 1138) form for commercial vehicles powered by a fuel other than gasoline or diesel. For additional information see Chapter 13.
- A Report of Sale-Used Vehicle (REG 51) form, if sold by a dealer. The dealer section of the title is completed for each dealer sale (wholesale or retail). For additional information see the Transfers Involving Dealers or Lessor-Retailers section in this chapter.
- Non-Transfer Changes to Registered Ownership—Some types of registered owner changes are not transfers, but require the owner’s signature(s). Process these as no-fee changes. A new Certificate of Title is issued. Examples of changes:
| From | To |
|---|---|
| FromJohn “or” Mary Doe | ToJohn “and” Mary Doe |
| FromJohn “or” Mary Doe | ToJohn “and” Mary Doe, JTRS |
| FromJohn Doe dba JD Electric Co. | ToJohn Doe |
Emission Compliance for Heavy Duty Vehicles—Refer to Chapter 10.
Transfer of CVRA Vehicles—Refer to Chapter 13.
Transfer of Lemon Law/Warranty Return Vehicles—Refer to Chapter 2.
11.010 Bankruptcy Sales-Trustee or Receiver (VC §5909)
Bankruptcy Trustee—The person appointed by the bankruptcy court to take charge of the debtor estate, to collect assets, to bring suit on the debtor’s claims, to defend actions against it, and to otherwise administer the debtor’s estate.
Bankruptcy Receiver—The person appointed by the court to preserve the property of a debtor pending an action against the debtor or applying the property in satisfaction of a creditor’s claim. The receiver represents the court and all parties of interest in a litigation, property, or funds entrusted to that person.
In addition to the procedures listed in the Basic Transfer Requirements section in this chapter or Chapter 12 for nonresident vehicles, the following must be submitted:
A certified copy of the trustee’s bond, the court order appointing a receiver, or a court order confirming the sale of the vehicle to the applicant must be submitted with the application.
- Documents signed by the trustee or receiver for the debtor wherever the debtor’s signature is required. The releasing signatures of owners other than the debtor must be obtained.
- For new vehicles belonging to a bankrupt California dealer:
- An Application for Registration of New Vehicle (REG 397) form or the manufacturer’s certificate of origin or factory invoice (original or certified copy) issued or endorsed to the dealer.
- A Vehicle/Vessel Transfer and Reassignment Form (REG 262) to the applicant.
- An Application for Title or Registration (REG 343) (PDF) form in the applicant’s name.
11.005 Attachment Sales (VC §5600)
For a constable, sheriff, marshal, or other attachment sale, the attachment against the registered owner does not affect the interest of the legal owner (lienholder) and the attachment against the lienholder does not affect the interest of the registered owner. In addition to the basic transfer, nonresident vehicle, or miscellaneous original registration requirements, the following must be submitted:
- If available, the California Certificate of Title or nonresident title released by the lienholder, if other than the judgment debtor.
- If evidence of mailing to the lien holder is submitted and the lienholder has not responded within 30 days, a Statement of Facts (REG 256) (PDF) form may be submitted in lieu of the lienholder’s release.
- The original or a certified copy of the Certificate of Sale issued by the attaching officer which contains the name and address of the purchaser, the vehicle identification number (VIN) and make, the names of the creditor or defendant (this name must match DMV’s record), the plaintiff, and the defendant.
- A Verification of Vehicle (REG 31) (PDF) form if there is not a prior California vehicle record.
Note When a U.S. Government Form Standard 97 is the attachment document, it disposes of both the registered and lienholder’s equity. - All applicable fees due.
- The release of the registered owner on the title is not required. In lieu of registered owner’s signature, “Clearing VC §5909” must be written on the title.
11.000 Introduction (VC §5600)
A transfer is a change in the ownership of a California registered vehicle. Basic transfer requirements apply to various types of transfers. However, some transfers require additional documentation as outlined in this chapter.
DMV will not withhold any application for transfer made in the manner required by statute or if the application on its face appears to be genuine and regular, unless requested to do so by a law enforcement agency or when a federal court order or California restraining order has been filed with DMV within two years prior thereto (VC §§6051 and 5911).
Chapter 11: Transfers
11.010 Bankruptcy Sales–Trustee or Receiver
11.015 Basic Transfer Requirements
11.020 California Welfare and Institutions Code Sales
11.025 Conservators or Guardians
11.040 Dealers or Lessor–Retailers
11.045 Dealer Out of Business Registration Process
11.050 Disabled Veteran (DV) License Plates
11.060 Errors/Erasures on the Certificate of Title
11.065 Estate Valued at $150,000 or Less
11.075 Foreclosure or State Controller Sales
11.080 California Native American-Owned Vehicles
11.090 Legal Owner (Lienholder) Transfers
11.095 Legal Owner Is an Individual Company (not a lending institution or dealer)
11.100 Legal Owner Is a Dealer Out of Business (as determined by DMV’s records)
11.120 Nonresident Military (NRM) Vehicle Owners
11.125 Notice of Transfer and Release of Liability (NRL/IRL) (REG 138)
11.130 Parking or Toll Violations
11.135 Repossessions—California—Registered Vehicles
11.140 Repossessions—Legal Owner not on Record
11.145 Repossessions—New Vehicles
11.160 Stolen or Embezzled Vehicles
11.170 Transfer on Death (TOD) Beneficiary
11.180 Transfer to “Estate of”
10.200 Year of Manufacture (YOM) License Plates
Vehicles with Year of Manufacture License Plates are issued partial year registration (PYR) stickers. Instruct the customer to place the sticker on the auxiliary sticker well, not on the license plate.