Court-Ordered Title Instructions & Forms Packet

If the evidence of ownership of a motor vehicle, outboard motor, or watercraft is insufficient for the issuance of a certificate of title by the Pickaway County Clerk of Courts, the current owner may petition the Pickaway County Court of Common Pleas to request a court-ordered title under Section 4505.10 of the Ohio Revised Code. You must be a resident of Pickaway County.

If you establish that you are entitled to ownership, you will take possession subject to any existing liens unless you show proof that the liens should be released.

When a Court-Ordered Title May Be Issued

In a limited number of circumstances, a judge of the Common Pleas Court can order the Clerk of Court Auto Title Division (title office) to issue you a certificate of title. These circumstances include:

• When the original certificate of title has been lost, destroyed, or stolen and a duplicate of that certificate is not available from the Clerk or the BMV due to a lack of historical title records;
• When you have purchased a vehicle, but the previous owner has failed, refused, or otherwise been unable to furnish you with a properly assigned certificate of title;
• When you have been given a vehicle or it has been left in your possession and ownership, but the previous owner has failed, refused, or otherwise been unable to complete the transaction by supplying the required documents; or
• When you are owner of a repair garage or vehicle storage facility who is in possession of a vehicle valued at more than $3,500 after deduction of repairs, which vehicle has remained unclaimed by the owner more than fifteen days after notice to reclaim the vehicle.

When Section 4505.10 Does Not Apply

The Ohio Revised Code sets forth specific procedures to follow in instances other than the four listed above. Here are some examples of circumstances in which Section 4505.10 of the Ohio Revised Code does not apply:

• When you are the owner of a repair garage or storage facility in possession of a vehicle valued at less than $3,500 after deduction of repairs, which vehicle has remained unclaimed by the owner more than fifteen days after notice to reclaim the vehicle. See Ohio Rev. Code 4505.101.
• When you are the operator of a manufactured home park attempting to remove a tenant's manufactured home from the property. See Ohio Rev. Code 3733.091 and 1923.21.
• When you are a pawnbroker seeking forfeiture and title to a motor vehicle that has not been redeemed by the owner after expiration or breach of the loan secured by that motor vehicle. See Ohio Rev. Code 4505.102.
• When a motor vehicle, whether a "junk motor vehicle" or not, has been abandoned on private property owned by you and you do not want title, but rather simply want it moved or disposed of. See Ohio Rev. Code 4513.60 through 4513.65.

If you believe that Section 4505.10 of the Ohio Revised Code does apply to your situation, there are steps you need to take before the court can consider your petition for an Order directing the title office to issue a certificate of title.

Step 1: Vehicle Owner & Lien Holder Record Search

• Complete the attached BMV 1173 form. Be sure to fill out each box marked with an X on both pages. The appropriate boxes have been pre-selected for you. If you do not fill out each checked box, the form will be returned to you.
• There is a $5.00 fee for each title-record search. Make your check or money order payable to Ohio Treasurer of State.
• Mail the completed form with check or money order to:

  Ohio Bureau of Motor Vehicles
  Attn: Records Request
  P.O. Box 16520
  Columbus, OH 43216-6520

• The BMV will respond with a BMV 2433 form which lists the results of the record search. This takes about 15 days.
• Keep the BMV 2433 form. You must attach it to your petition.

Step 2: Certified Mail Notifications

• Mail a certified letter to any vehicle owners and lienholders listed in the record search using the information provided on BMV 2433. The letter must include your name, your address, your telephone number, a statement that you are in possession of the vehicle, a statement explaining that you are attempting to title the vehicle in your name, and a request that the person receiving the letter contact you within 30 days.
• A form letter is included in this packet for you to use. It must be sent by certified mail with the mailing date notated on the form.
• Keep a copy of each letter you send and keep the certified mail receipts showing that the letters were sent. Be sure the letter and receipts are dated. You will need to attach all of these items to your petition.
• Allow 30 days from the date you mailed the letters for parties to respond. If you receive a response, you need to attach it to your petition. If the certified letters are returned to you as undeliverable, you need to keep the envelopes, with the letters inside, and attach them to your petition.

Step 3: Ohio State Patrol Vehicle Inspection

• Visit your local Ohio BMV Deputy Registrar Office (License Bureau). Purchase an OSHP Inspection Report Receipt (HP 105). There will be a fee of $50.00 plus processing. You will pay this amount and receive the receipt.
• To schedule your OSHP Inspection, contact the Ohio State Highway Patrol Columbus District Office at (614) 644-1667. Be sure to say you need an HP106 inspection for a court-ordered title.

  Ohio State Patrol District Office
  1583 Alum Creek Drive
  Columbus, OH 43209

• Retain the inspection report to attach to your petition.

Step 4: File Your Petition

Visit the Pickaway County Clerk of Courts in the Pickaway County Courthouse, 207 South Court Street, 2nd Floor, Circleville, OH 43113. The filing fee is $250.00 in cash, money order, debit or credit card; personal checks will not be accepted.

If you are unsure how to proceed on your own or if you are not confident as to proper procedure or document content, it is strongly suggested that you contact an attorney to assist you.

You must present the following documents to the Clerk of Courts to process your petition:

• Petition for Certificate of Title (must be signed and notarized prior to submission)
• BMV 2433 Form (list of prior owners and lienholders)
• Copies of all relevant documentation (for example, certified letters attempting to contact the current owner of record, any responses to those letters, and any other document that supports ownership of the vehicle)
• HP106 Form (Highway Patrol inspection results)
• Judgment Entry Granting Petition Under R.C. Chapter 4505

The court will review your petition and will grant, deny, or contact you for additional information. The court may set an oral hearing for this matter and may require that the current owner of record or listed lienholders be informed of that hearing date.

After approval or denial, court costs will be figured and applied and any overage will be returned to you.