Iowa Admin. Code r. 761-400.14 - Cancellation of a certificate of title
(1) The department
will cancel a certificate of title when authorized by any provision of law or
when it has reasonable grounds to believe that the person holding the
certificate of title, purportedly issued for the vehicle, has no immediate
right to possession of the vehicle.
(2) The decision to take any action regarding
ownership of the vehicle for which the current title has been canceled will be
determined after an investigation and recommendation by a motor vehicle
investigator of the department.
This rule is intended to implement Iowa Code sections 307.12(1) "j" and 321.101.
Notes
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The following procedures shall apply for all titling and registration purposes:
(1) Transfer of vehicle owned by two or three persons.
a. If the names of the owners of a vehicle on the certificate of title or on the manufacturer's certificate of origin are joined by the word "or," as in "John Doe, Jane Doe or Mary Doe," then the signature of any of these owners is sufficient to transfer title or to junk the vehicle.
b. If ownership of a vehicle is stated as a name or names followed by the words "Doing Business As" or the initials "DBA" and another name, only the name of an owner followed by the signature of an authorized representative of an owner is required to transfer title or to junk the vehicle.
Example: Ownership is stated as "John Smith and Mary Smith DBA Smith Repair." Jane Doe is an authorized representative of John Smith and Mary Smith. To transfer ownership, Jane Doe may sign as "John Smith and Mary Smith DBA Smith Repair, by Jane Doe," "John Smith and Mary Smith by Jane Doe," or Smith Repair by Jane Doe."
c. In all other cases the signature of each named owner is required.
(2) Assignment of title to two or three persons. If a certificate of title or a manufacturer's certificate of origin is assigned to two or three persons with their names joined by the word "or," as in "John Doe, Jane Doe or Mary Doe," then a certificate of title may be issued to any one of these persons, or to any two or all three of these persons with their names joined by the word "or." However, a certificate of title shall only be issued to persons who have signed the application for title.
(3) Organizational ownership.
a. When a vehicle is owned by a partnership, corporation, association, governmental unit, or private organization, the signature of its authorized representative is required.
b. When a vehicle is owned by a trust, the title shall be accompanied by a copy of all documents creating or otherwise affecting the trust or by the certification of trust as defined in Iowa Code section 633A.4604.
(1) The certification of trust may be signed by any trustee or the attorney for any trustee.
(2) The title shall be signed by the number of trustees as specified in the trust agreement, and the transferor shall provide the department with the document or the certification of trust specifying the required signatories for the trust.
(3) If a certification of trust is provided, one of the following shall apply:
1. Any currently acting trustee may sign the title if the certification of trust states that such trustee may act individually.
2. A majority of the trustees must sign the title if the certification of trust states that the trustees must act by majority decision.
3. All currently acting trustees must sign the title if the certification of trust states that the trustees must act by unanimous decision.
(4) A certification of trust must meet the requirements of Iowa Code section 633A.4604, including but not limited to providing the names of all the currently acting trustees. If there are two or more currently acting trustees, the certification of trust must state whether the trustees may act individually, whether the trustees must act by majority decision or whether the trustees must act by unanimous decision. If the certification of trust does not meet said requirement, the certification of trust will be considered invalid for the purposes of the transfer.
(5) Each signature on the title shall be followed by the words "as trustee."
(4) Death with a will. When ownership is transferred according to a decedent's will, a certified copy of the court order or the letter of appointment appointing the person assigning the title as executor of the will shall be required.
(5) Death without a will. When ownership is transferred from a decedent without a will and there is no administration of the estate, an affidavit of death intestate form signed by the clerk of court shall be required. When ownership is transferred from a decedent without a will but there is an administration of the estate, a copy of the court order or the letter of appointment appointing the person assigning the title as administrator shall be required.
(6) Power of attorney. An attorney in fact may act for the owner(s) if the appointment is shown on a power of attorney form. Power of attorney forms are available from the department but other forms may be accepted if they contain all necessary information. The power of attorney form or a certified true copy shall be kept by the county treasurer and attached to the document to which it applies.
This rule is intended to implement Iowa Code sections 321.20, 321.24, 321.45, 321.47, 321.49, 321.67 and 633A.4604.