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This fact sheet provides basic information on the issuance of conditional titles.
Conditional title: A title issued for a vehicle ten or more years old when the applicant is unable to present ownership documentation sufficient to satisfy normal titling requirements. Conditional titles are issued with the following brand: "ISSUED ON STATEMENT OF APPLICANT, BRAND EXP: MM/DD/YY."
Step One: Contact a county assessor's motor vehicle office or the Idaho Transportation Department (ITD). If a county assessor or ITD motor vehicle employee determines that you do not have or are unable to obtain sufficient ownership documentation to apply for a regular title for a vehicle 10 years old or older, you may apply for a conditional title.
Step Two: Obtain a VIN inspection. Have a county assessor’s motor vehicle office inspect your vehicle to determine the true vehicle identification number (VIN). On some early model vehicles, the VIN may not be found. In these cases you will be instructed to contact a Motor Vehicle Investigator (MVI). If the MVI is dissatisfied with the VIN because it appears to have been tampered with, you may be required to bond the vehicle to obtain title.
Step Three: Obtain Motor Vehicle Records (MVR). Check for any record of a title in Idaho and any other state you believe may have a record of the title. Present verification of this search to the county or ITD.
Step Four: Attempt to contact owners of record. If you identify a prior owner, attempt to contact that person to get the title signed off by the owner or obtain a power of attorney or a release of interest by certified mail. The county may assist you in obtaining the most current address available. Prior Idaho owners who have never titled the vehicle may be required to do so first. If you can demonstrate that you are unable to get the required documents, and that all possible means have been employed to try to resolve the title problem, contact the county or ITD again.
Step Five: Present documentation to the county. Present your VIN inspection, MVRs, proof of mailings to owners (certified mail receipts and returned certified mail letter, etc.) and any other proof of ownership you may have, such as old registrations, bills of sale, receipts, cancelled checks, etc. The county will evaluate all documents which may indicate you are the owner. If your documentation is sufficient for a conditional title, the county will give you an indemnifying Affidavit (ITD-3410) to complete. By signing this form you agree to hold ITD (including any county deputy serving as it’s agent) harmless and defend them from all legal expenses in the event of legal action that may result from the issuance of the title. On this form, you also state how you obtained the vehicle, that it is free and clear of any liens and encumbrances, why you cannot comply with normal title requirements, and what attempts have been made to resolve the concerns.
Step Six: Apply for title. The county assessor motor vehicle office will prepare a title application for you to sign. You may obtain a vehicle registration at that time. Standard registration fees will apply.
REQUIRED DOCUMENTS FOR A CONDITIONAL TITLE
- ITD Indemnifying Affidavit (ITD-3410)
- Any other available documents verifying ownership such as bills of sale or old registrations.
- Motor Vehicle record from the state in which the vehicle was last registered and/or titled, if other than Idaho.
- Proof of attempts to contact previous owner(s), such as a returned certified mail letter and/or certified mail receipts.
- Application for Certificate of Title.
If the vehicle is a mobile or manufactured home, you will also need to present documentation verfying current property tax on the home has been paid.
- VIN inspection ($5.00)
- VIN decal, if VIN was assigned by an MVI ($18.00)
- Title fee ($14.00)
- Applicable sales tax on purchase price
- Registration fees if applicable
The conditional title brand "ISSUED ON STATEMENT OF APPLICANT, BRAND EXP: MM/DD/YY," includes the expiration date, which is three years from the date the conditional title is issued. When the expiration date arrives, you may surrender the title to have the brand removed if you are still an Idaho resident, and if there are no pending actions or claims that place legal ownership of the vehicle in question. The title must be accompanied by a $14.00 title fee at the time it is submitted to have the brand removed.
Branded titles may not be accepted in some states due to the title's brand or "clouded" status. If other states do accept the branded title, they may impose special requirements such as the posting of a surety bond.
Some transactions may be more complicated, and will not fit the standard criteria described above. In these cases, the county or ITD may refer the transaction to motor vehicle investigator. If a vehicle has been acquired as an abandoned vehicle or at a lien sale, the applicant is required to comply with the existing laws concerning those processes. Such vehicles are ineligible for a conditional title under these circumstances. If a vehicle has been abandoned by tenants, it will be treated as an abandoned vehicle, and you should contact your local law enforcement agency to see if they will have it removed. (See the abandoned vehicle brochure for additional information.)
This fact sheet has been provided by:
Idaho Transportation Department
Division of Motor Vehicles
PO Box 7129
Boise, ID 83707-1129
The Idaho Transportation Department (ITD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and all related regulations and directives. ITD assures that no person shall on the grounds of race, color, national origin, gender, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ITD service, program, or activity. The department also assures that every effort will be made to prevent discrimination through the impacts of its programs, policies, and activities on minority and low-income populations. In addition, the department will take reasonable steps to provide meaningful access to services for persons with Limited English Proficiency.