State of Alaska

Department of Administration

Division Of Motor Vehicles

Alaska Department of Administration, Divison of Motor Vehicles
Administration >  Motor Vehicles >  Court Orders                                             
 

Court Orders

Vehicles owned by the state, a municipality or a borough government and vehicles seized by a municipal, state or federal law enforcement agency may be sold at public auction, the purchaser of these vehicles must obtain an Alaska title in their name before the vehicles may be resold.

In order to obtain a title for a vehicle which was owned by the State, a municipality or a borough, the purchaser must submit the following documents:

In order to obtain title for a vehicle under a court order or seizure, the purchaser must submit the following documents:

  • A Bill of Sale or Purchase Order from the agency selling the vehicle. This Bill of Sale must contain a complete and correct vehicle identification number, the year and the make of the vehicle and a statement pertaining to why the vehicle was sold, i.e. taxes, drug seizure etc.
  • A lien release from the lienholder of record, when shown on DMV records
  • The odometer reading at the time of the sale
  • A certified copy of the court order authorizing the vehicle to be sold
  • A completed Application for Title and Registration (see link above)

The Internal Revenue Service (IRS) may seize vehicles when a registered owner fails to pay taxes. These vehicles are sold to the public with a Certificate of Sale of Seized Property, U.S. Government Form 2435. When these vehicles are sold, the IRS is only selling the taxpayer's rights to the vehicle. If there is a co-owner not affected by the seizure, and the conjunction "and" appears between the names, then the title released by the co-owner must be submitted with the buyer's Application for Title and Registration. If there is a lienholder, a lien release must also be presented.  If the vehicle is less than ten years in age, the odometer reading, at time of sale is also required.

Vehicle ownership may be transferred by a court order. A court order is usually the result of, but not limited to the following:

  • A bankruptcy where the court appoints a trustee to dispose of assets, including motor vehicles acquired through the bankruptcy. To transfer vehicle ownership in this manner, the court appointed trustee must sign the title or Affidavit of Lost Title and provide a certified copy of the order appointing the trustee.
  • A divorce whereby the court may award a motor vehicle to a spouse who is not listed on the title or is listed with another owner with the conjunction "AND". A certified copy of the divorce decree must be provided with a description of the vehicle including the vehicle identification number.
  • The courts may also determine legal ownership of a vehicle when:
    1. There is a dispute regarding legal ownership of a vehicle
    2. There is a failure to comply with the terms of a loan agreement
    3. There is a civil action that results in the award of property

In the case of an involuntary transfer, the court order may be accepted in place of a vehicle title. If the title is available, it should be turned in to the Division of Motor Vehicles. In a case where the title has not been released or has been improperly released, the court order must accompany the application for title and registration transfer.