This information is accurate to July 2016.
STATE OF MICHIGAN – MOTOR VEHICLE – CERTIFICATES OF TITLEs are issued by the MICHIGAN DEPARTMENT OF STATE – SECRETARY OF STATE. The STATE treats the M.C.O. and the Certificate of Title as negotiable instrument (Bank Notes) and thus as revenue directly.
Their MICHIGAN COMPILED LAW (M.C.L.) Motor Vehicle Code shows the following about cancelling Titles, dismantling and destroying Vehicles, revoking motor carrier status, and non-resident vehicles:
M.C.L. Chapter 257 MOTOR VEHICLES
M.C.L. Chapter 476 – MOTOR CARRIERS
M.C.L. Chapter 257, §301 et seq -OPERATOR’S AND CHAUFFEUR’S LICENSE
Upon suspending or revoking a license, the department shall require that the license be surrendered to and be destroyed by the department.
The dealer shall write the word “junk” on the face of the certificate of title above the signature of the dealer or an authorized agent of the dealer and forward the certificate to the secretary of state, together with a fee of $5.00 instead of a fee or tax otherwise applicable.
- §257.258 Cancellation of Certificate of Title, [Foreign Motor Private Vehicle] Registration
(1)The secretary of state may cancel, revoke, or suspend the registration of a vehicle, a certificate of title, registration certificate, or registration plate if any of the following apply:
(h) Upon receiving notification from another state or foreign country that a certificate of title issued by the secretary of state has been surrendered by the owner in conformity with the laws of that state or foreign country. - §257.259 Evidence of Certificate of Title/[FMPV] Registration Cancellation
All registration plates, certificates of title, registration certificates or the license of any dealer or wrecker, are the property of this state[.] When the department cancels or suspends the registration of a vehicle or a certificate of title… the owner or person in possession of the same shall immediately return the evidence of the canceled or suspended registration, title, or license to the department
- M.C.L. §257.257 Penalty for [Attorneys] Denying Cancellation (Forging/Altering Certificate of Title/[FMPV] Registration after Cancellation)
(1) A person who commits any of the following acts is guilty of a felony:
(b) Forges or counterfeits a certificate of title, registration certificate, or registration plate purporting to have been issued by the department.
(d) Holds or uses a certificate of title, registration certificate, or registration plate knowing that it has been altered, forged, or falsified.
(e) Knowingly possesses, sells, or offers for sale a stolen, false, or counterfeit certificate of title, registration certificate, registration plate, registration decal, or registration tab.
A motor carrier of general commodities authorized by this act to operate shall not discontinue any service established under this act without an order of the commission. A motor carrier of general commodities shall provide written notice of discontinuance to the commission in accordance with the rules of the commission. A certificate of authority under which service is discontinued for more than 30 days without the previous order of the commission authorizing the discontinuance may be revoked after notice.
Analysis
Cancellation of Certificate of Title and Registration within Michigan must occur upon surrender of the TITLE to the Foreign Government. Evidence of Cancellation is the return of all Certificates of Title, Registration Documents, Plates, stickers, etc owned by them to their Michigan Department of State – Secretary of State.
JUNK-ing the CERTIFICATE OF TITLE requires an AUTHORIZED REPRESENTATIVE signature. Though notarization is not necessary, it is recommended. Returning the CERTIFICATE OF TITLE in a JUNK-ed state also requires a $5.00 fee.
Any Legal Fiction B.A.R. Attorney attempting to claim that the MICHIGAN CERTIFICATE OF TITLE is still valid and NOT junked, they are forging and altering the CERTIFICATE OF TITLE to be somehow resurrected from the trash.
Suggested Solution
Using the Standard World Citizen Withdrawal of Applicant for Certificate of Title is sufficient in Michigan. Filing this with a JUNKed Title is verified [even without the signature and fee] to be deleted from the Michigan VEHICLE DATABASE via my private experiences.
For greater proof and evidence of owning your own automobile, follow these steps:
- Make yourself the (First) Lien holder of the STATE VEHICLE CERTIFICATE OF TITLE
- Officially Export the Vehicle using Customs and Border Protections. Export to the UNIVERSE. The CBP agent on the phone used the words “export to the UNIVERSE.”
- File the World Citizen Withdrawal of Applicant for Certificate of Title with the State. If this is a permanent changed [removal from legal commercial service], JUNK-ing the Title should have a Notarized signature and include a $5 Money Order. The Signature below the word “JUNK” (no quotes, in big bold on the face of the [bank note] certificate of title) should include the following:
without prejudice U.C.C. 1-308, U.C.C. 3-402b1, All Rights Reserved
By: [your signature here] © [date]
AUTHORIZED REPRESENTATIVE, in propria persona - After 30 days (plus lead time) File a CERTIFIED Records request a CERTIFICATE OF NO RECORD for your automobile’s AIN [VIN].
- Make a negotiable instrument “legally representing the automobile” through the World Citizens.
- Get a CERTIFICATE OF AUTHENTICATION on the documents through the US Department of State.
- Place your World Citizen ID/Passport, the notarized and authenticated World Citizen Automobile Certificate of Title with Certified CERTIFICATE OF NO RECORD on record with the local corporate County Recorder.
- Get a Certified Copy of all documents from the County Recorder.