Motor Vehicles and Mobile Homes 450-01-25-10-15

(Revised 1/15/2011 ML #3253)

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Affidavits for collection should be used to obtain valid titles to motor vehicles and mobile homes. The North Dakota Department of Transportation has a form affidavit for collection (See Section 450-01-40-10) available on its website, and use of that form is recommended if you have a title. If you do not have a title, the Application for Certificate of Title & Registration of a Vehicle (See Sections 450-01-40-15 and 450-01-40-10) should be used to obtain a title. County agency staff who need to obtain a clear title to a motor vehicle or mobile home should consider:

1. Whose name is on the existing title? County agency staff may use an affidavit for collection if the motor vehicle or mobile home was owned solely by the decedent, or by tenancy in common, but not by joint tenancy or life estate.
2. An affidavit for collection is appropriate for a motor vehicle or mobile home only if the county agency has or can obtain physical possession of the property.
3. A motor vehicle or mobile home obtained by affidavit for collection must thereafter be converted to cash. Affidavits for collection should not be used to obtain such property if it has limited value, or if selling it may be difficult due to condition or other factors.