Vehicle Licensing Guide

Replacement Title
VLIC-118

PURPOSE:

To provide DMV personnel with information and instructions on the issuance of replacement titles.

BACKGROUND:

A replacement title is a 2nd or subsequent title issued upon application when the owner's original/prior title has been lost, mutilated or is illegible. The Code of Virginia cites lost, mutilated, or illegible as the only reasons for replacement titles. It does not reference stolen titles. DMV policy is to consider a stolen title the same as a lost title. A stolen title will be processed as a lost title. Customers may be eligible to apply for replacement titles online or by using the Automated Telephone Transactions at 1-888-337-4782.

CUSTOMER REQUIREMENTS:

1. Submit completed application for "Supplemental and Transfer Liens or Replacement and Substitute Titles," (VSA 66).
2. Present identification proving ownership.
   1. Vehicle records with multiple owners only require one owner to apply for a replacement title.
   2. A lienholder may apply for a replacement title without obtaining the owner's signature. The lienholder MUST sign the back of the VSA 66 and provide identification.
   3. In the event of an owner's death, if a surviving owner with rights of survivorship has lost the title and needs to obtain a new title without the decedent's name(s), then a substitute title (with the decedent's name(s) removed) may be issued without obtaining a replacement title. (Refer to VLIC-156).
   4. If the owner(s) of the vehicle is deceased and a replacement title is requested, the surviving legal heir, executor or administrator of the estate must submit:
      • A certified or notarized death certificate (if the customer's record does not already reflect "deceased")
      • AND one of the following:
        • A notarized copy of the will and a completed "Statement of Authority to Assign Title," (VSA 24) signed ONLY by those listed in the will inheriting the vehicle. Multiple VSA 24s can be submitted at the time of titling if there are multiple legal heirs.
          -OR-
        • A court issued document or notarized copy of the will appointing the executor or administrator.
          -OR-
        • An affidavit indicating that the decedent's estate falls under the small estate laws.
          -OR-
        • A completed VSA 24, if there is no will and no executor/administrator has been appointed:
          • Only the surviving spouse is required to complete the VSA 24, except if there are children by a previous marriage of the decedent. In this instance, the surviving spouse and all heirs or their legal guardians must complete the VSA 24.
          • The surviving spouse need only complete the VSA 24 if he/she attaches an attested copy of an exempt property claim filed with the court having jurisdiction over probate or administration of the decedent's estate. The exempt property claim shall indicate selected property of the estate, including the motor vehicle in question, is exempt property having a total value which does not exceed $15,000.00, exclusive of any security interests.
          • If there is no surviving spouse, the legal guardian of the minor children need only complete the form if the legal guardian attaches an attested copy of an exempt property claim filed with the court having jurisdiction over the probate or administration of the decedent's estate. The exempt property claim shall indicate that selected property of the estate, including the motor vehicle in question, is exempt property having a total value which does not exceed $15,000.00, exclusive of any security interest.
3. Pay appropriate fee.

CSR REQUIREMENTS:

1. Ensure that all necessary information is correctly recorded on the VSA 66.
2. Verify customer's identity to ensure that he is the owner/lienholder.
   1. If the customer presenting the VSA 66 is not the owner/lienholder, the owner must complete the "Authorization for Receipt of Certificate of Title" section on the back of the VSA 66. The person that the owner authorizes to receive the title must present identification.
   2. In the event of an owner's death, if a surviving owner with rights of survivorship has lost the title and needs to obtain a new title without the decedent's name(s), then a substitute title (with the decedent's name removed) may be issued without obtaining a replacement title. Refer to VLIC-156.
   3. If the owner(s) of the vehicle is deceased (and no survivorship rights are displayed in the title record), ensure that the surviving legal heir, executor or administrator of the estate has submitted:
      • A certified/notarized death certificate (if the customer's record does not already reflect "deceased")
      • AND one of the following
        • A certified or notarized copy of the will and a completed "Statement of Authority to Assign Title" (VSA 24).
          -OR-
        • A court issued document or notarized copy of the will appointing the executor or administrator.
          -OR-
        • An affidavit indicating that the decedent's estate falls under the small estate laws.
          -OR-
        • A completed VSA 24, if there is no will and no executor/administrator has been appointed.
      • Multiple VSA 24s may be submitted if there are several legal heirs. All VSA 24s must be submitted at the time of processing the transaction and must reference the same vehicle.
3. Check the vehicle record for any condition prohibiting the issue of a replacement title
   1. Always inquire by VIN first to ensure that the most recent vehicle record is found. If no record is found by VIN, then inquire by title number, customer number or customer name. If a record is discovered when inquiring by title number, customer number or customer name, then a subsequent search should be performed using the VIN that is displayed.
   2. If a stop exists on the vehicle/driver record that can not be complied at the time of request and prevents the title from being issued, return the documents to the customer and explain the condition(s) preventing title issuance.
   3. If a disposition date exists on the CURRENT vehicle record (and no subsequent record has been established), the CSR must remove the "sold" indicator and the disposition date before issuing the replacement title.
   4. If a customer indicates that a "sold" indicator should be removed from a vehicle record, research the record to determine if there was an insurance monitoring order or personal property tax issue. If either situation exists, and it appears that the customer has fraudulent intent, such as trying to avoid an insurance monitor or paying taxes, contact Insurance Verification or Law Enforcement Services (LES) at headquarters before removing the sold indicator.
   5. If it is necessary to remove a "sold" indicator from a PRIOR vehicle record (see "Notes" section), perform the following:
      • Note the "sold" date from the PRIOR title record (the CSR will need to enter this date back into the disposition date field later).
      • Prepare a DL9 for sending to Systems Support Group (SSG) and include the following:
        • Customer(s) name(s)
        • Current title number
        • Prior title number
        • VIN
        • A brief explanation as to what action SSG needs to perform.
      • Send the DL9 to SSG, source code 167. SSG will temporarily remove the "sold" indicator from the PRIOR title record.
      • Inform the customer that they may wait in the lobby until SSG has removed the PRIOR sold date.
      • Periodically check vehicle notes for a response to the DL9 or look for the PRIOR sold date to be removed
4. Collect the appropriate fee.
5. Process the replacement title
6. Give the title to the owner.
   1. If the title has a lien, the replacement will print in the overnight batch and be mailed to the lienholder the next business day.
   2. If a PRIOR "sold" indicator was removed by SSG (only by SSG), then the CSR MUST place the "sold" indicator back on the PRIOR title record with the original disposition date
<<<<<REVISION

7. Return any documentation presented that is not required for processing a title (e.g. marriage license, divorce decree, death certificate, and/or original power of attorney drafted by a law firm). These documents may be noted on the application but must be returned to the customer.   END REVISION>>>>>
8. File paperwork appropriately for document preparation to be sent to Document Imaging. Refer to VLIC-75.

NOTES:

• If a title has not been previously printed, but a "sold" indicator has been placed on the CURRENT vehicle record, the CSR must remove the "sold" indicator prior to issuing the replacement title. If the vehicle has been re-titled since the "sold" indicator was placed, then the sold indicator CAN NOT be removed by the CSR.
• A replacement title may be issued for a retitled vehicle when necessary. If a PRIOR title must be submitted to comply with a system held placed on a CURRENT title, then a replacement title must be processed and printed to comply with the hold for the PRIOR title. If the PRIOR title record has a "sold" indicator, then SSG must be contacted to remove the "sold" indicator (refer to CSR Requirements).   END REVISION>>>>>
• If the customer requested an electronic record to be kept of his title (CUST held), the release of the CUST held will generate an automatic paper title print at no fee, provided that no title was previously printed and no other stops or holds exist.

REFERENCE:

• Code of Virginia §§ 46.2-607 and 46.2-692
• Assistant Attorney General Eric K. G. Fiske's 08/02/1999 Memorandum
• CSC Data Entry: CSCNet

CONTACT:

For additional information contact:

• Your CSC Manager/Assistant Manager
• DMV DIRECT Help Desk at (804) 367-6646

PROCEDURE PROPONENT:

VSA/Titles and Registration Division