[WSBAPT] Car title problems

[Eric Nelsen]

Five months later, I find a statute that sets out a procedure when vehicle
title is "in doubt." See
<http://apps.leg.wa.gov/rcw/default.aspx?cite=46.12&full=true#46.12.680>
RCW 46.12.680. It takes 3 years. Someone else earlier told me about this
process--thanks, person whose name I can't remember!--but I didn't realize
it had a statutory basis. I thought it was invented by DOL.

 

Alternatively, as in my case, client has authorized filing a TEDRA action
to immediately quiet title to the personal property, on the basis that
potential adverse claims have been barred by the three-year S/L. RCW
7.28.310 <http://apps.leg.wa.gov/rcw/default.aspx?cite=7.28.310> ; RCW
4.16.080(2) <http://apps.leg.wa.gov/rcw/default.aspx?cite=4.16.080> ;
Jones v. Jacobson, 45 Wn.2d 265, 273 P.2d 265 (1954).

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

 

 

From: WSBA RPPT Probate & Trust Discussion Forum
[mailto:wsbapt at LISTSERV.NETHELPS.COM] On Behalf Of Eric Nelsen
Sent: Wednesday, October 09, 2013 1:37 PM
To: wsbapt at LISTSERV.NETHELPS.COM
Subject: [WSBAPT] Car title problems

 

Decedent bought a vehicle in another state 30+ years ago. We have the
original out-of-state title of the previous owner, but no signature on it
releasing or transferring it. All other evidence of the purchase is of
course long gone.

 

Decedent moved to Washington, never bothered to transfer title (vehicle
has since been heavily modified and not street legal). We are not having
luck finding the previous owner.

 

Decedent's heir wants to sell the car. How can the Estate clean up the
title? Value of the vehicle is over $10K, perhaps $20K.

 

There is adverse possession of personal property, which occurs once the
3-yr statute of limitations on replevin runs out. Edison Oyster Co. v.
Pioneer Oyster Co., 22 Wn.2d  616, 157 P.2d 302 (1945). But will DOL take
that argument in order to issue title, or would I need to file suit,
publish summons, etc., etc.? Any other practical way to deal with this?

 

Sincerely,

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

******* 

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