Involuntary transfers

If a vehicle is abandoned, or if the vehicle's ownership is transferred by bankruptcy, police-ordered tow, government seizure, or a mechanic's garage and stored vehicle lien, it is considered an involuntary transfer. Effective immediately, all title transactions for involuntary tow transfers, both police/public authority ordered tows and private/contracted involuntary tows, must be dropped off at the Business to Business (B2B) counter at an RMV Service Center.

Abandoned vehicles

A vehicle that has been left on a public or private way without the permission of the private owner or the appropriate authority is considered abandoned. The city or town or state police may dispose of the vehicle after obtaining ownership. The following documents are required for a transfer of ownership for an abandoned vehicle:

1. Bill of sale from the government entity selling the vehicle which states the statute allowing the sale.
2. Affidavit of fact if vehicle details are not listed on the bill of sale.

Divorce orders/Judicial transfers

In some cases, a court may order the transfer of a vehicle between two parties as part of a divorce order or another court judgment. The original court judgment document must be presented to the RMV for the transfer. Unless specifically stated in the judgment, the title must be endorsed and assigned from one party to the other.

Mechanic's garage and stored vehicle liens

A vehicle may be acquired and sold by a mechanic's garage, public parking garage and storage entities for non-payment of repair or storage fees. The documents required to transfer ownership may vary according to the instructions set out in the court order. For example, a judge may order the garage or storage facility to either keep the vehicle in lieu of payment, sell the vehicle to recoup losses, or have the Sheriff seize the vehicle and sell it at public auction.

To transfer ownership, a copy of the court order is always required.  Depending on the details of the order, other documents may be required, such as a copy of the execution or a sheriff's bill of sale, will also be required.

Bankruptcy

When an owner declares bankruptcy, a court may order the transfer of a vehicle as part of a bankruptcy settlement. To transfer ownership of a vehicle following a bankruptcy settlement, the following documents are required:

• Certified copy of court appointment of trustee
• Court order of sale of vehicle
• Title assigned by trustee

Government seizure

Local, state, or federal government agencies may seize a vehicle and transfer ownership though a judicial process or by statute. The following documents are required to initiate the transfer of ownership:

• A document on official government letterhead or a copy of the court order. Either must cite the statute that relates to or governs the seizure of the vehicle .
• Transfer of ownership documented on official government letterhead.

Police and Public Authority Ordered Tows

A police department or other public authority may order a vehicle to be towed and stored. If the owner does not come to collect the vehicle in a reasonable amount of time, the towing company may acquire ownership of the vehicle and sell it to satisfy a lien for non-payment of storage fees, but only after all of the requirements of the law are met. The following documents are required:

• Completed Registration and Title Application (RTA)
• Affidavit of sale for involuntarily towed vehicle
• Proof of tow: Documentation showing:
  • Tow was ordered by law enforcement or other public authority,
  • Date of the tow,
  • Reason for tow,
  • Location from which the vehicle was towed, the location(s) where the vehicle was towed and stored, and
  • Authorizing Officer’s name.
• First notice to owner: The tow company’s notice via registered mail with return-receipt to the vehicle owner of the storage charges and location of the vehicle. 
  • The date of notice to the customer must be no more than 7 days after the tow date.
• Second notice to owner: The tow company’s notice via registered mail with return receipt to the owner of current storage charges and that the vehicle will be sold if not claimed within 21 days from the receipt of notice.
  • The date of notice must be at least 60 days after the tow company took possession of the vehicle.
• Newspaper listings: Copy of the notices of sale published in a newspaper with circulation in the city/town where the vehicle is stored.
  • The initial publication date must be at least 21 days after the date of the notice described in step (5) and must indicate that the notice was run for 3 weeks in a row.
• Notice to Chief of Police: Notice from the seller to the chief of police in the city/town where the garage is located that the vehicle is to be sold. 
  • The notification must be provided 5 or more days before the sale of the vehicle.
• The date of sale on the bill of sale must be at least 3 weeks after the date of the 1st newspaper publication described in step (6) and at least 5 days after the notice to the chief of police defined in step (7).

If the owner of the vehicle agrees to the continued storage or repairs of the vehicle, then the garage must follow the procedures outlined in the mechanic's garage and stored vehicle liens section.

All Other Involuntary Tows - Process

• RTAs for vehicles placed for storage in the care of a garage, parking lot, or other place for the storage of motor vehicles not under the order of law enforcement or other public authority; and
• Court order authorizing the sale of the vehicle. Title transfers from any involuntary tow that was not ordered by police, or a public authority cannot use the Police and Public Authority Ordered Tows Process (M.G.L. c. 255, §39A) and must have an order from the Court to be eligible for transfer of title.