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Understanding the intricacies of Utah's TC-824 form is essential for individuals facing challenges with motor vehicle title transfers or registrations due to defective or insufficient evidence of ownership. This document, formally titled as the Utah State Tax Commission Motor Vehicle Defective Title or Insufficient Evidence of Ownership Bond, plays a crucial role in safeguarding the interests of all parties involved in the transfer of a vehicle's title. It serves as a surety bond, ensuring that any subsequent claims of legal ownership or interest in the vehicle can be satisfactorily compensated. The form mandates comprehensive completion, including details such as bond number, principal's name and address, and if applicable, attachment of a power of attorney form. Importantly, it emphasizes the requirement for original submissions, as photocopies are not accepted. By outlining situations wherein an applicant is unable to present sufficient title evidence or clear ownership, the form facilitates a regulated process by which individuals can comply with state requirements, thus protecting buyers, sellers, and the state’s interests. This protective measure ensures that any potential disputations over ownership can be resolved, with the bond amount set at twice the vehicle's value, highlighting the state's commitment to consumer protection and legal compliance in vehicle transactions.

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Utah State Tax Commission

Motor Vehicle Defective Title or

Insufficient Evidence of Ownership Bond (Surety Bond)

TC-824

Rev. 12/12

Please be advised that the surety bond must be completed in its entirety, including a bond number, the name, principal's address, doing-business-as, etc. When a power of attorney form is used, it must be attached to the surety bond. Photo copies of the bond form will not be accepted.

KNOW ALL MEN BY THESE PRESENTS, that __________________________________________________________________________________, of

_________________________________, as Principal and ________________________________________________________, as Surety, are held and

firmly bound unto the State of Utah and to the Utah State Tax Commission, for the purpose of indemnifying any person or persons who might subsequently establish legal ownership or interest to the vehicle hereinafter described, in the penal sum of _________________________________________________

Dollars ($________________), lawful money of the United States of America, being double the reasonable value of said vehicle, for which payment well and

truly to be made and performed, they do hereby bind themselves jointly, severally, and firmly by these presents.

Applicants Applying Where Motor Vehicle Has A Defective Title

WHEREAS, ___________________________________________________, is the applicant for a transfer of motor vehicle title under the laws of the State

of Utah for that certain motor vehicle being described as ____________, ______________________, _____________________, ____________________,

YearMakeModelBody type

_____________________________________, under which former certificate of title was issued, the same being State Title Number __________________,

Vehicle Identification Number (VIN)

said transfer of title to be made in the name of __________________________________________, and the Principal and Surety herein are desirous of

complying with the Regulation of the State Tax Commission of Utah relating to the posting of bond where it is impossible for applicant to furnish a certificate

of title to any motor vehicle endorsed as provided by law.

Applicants Applying Where Unable To Furnish Sufficient Evidence Of Ownership Of Motor Vehicle

WHEREAS, the Principal herein has made application to the Utah State Tax Commission for the registration of and the issuance of a certificate of title for a

____________, ______________________, _____________________, _____________________, ______________________________________, and

YearMakeModelBody typeVehicle Identification Number (VIN)

presently bearing ______________ License Number _________________ issued by the State of ___________________________________, and said

Year

Principal has not been able to furnish a prior certificate of title nor evidence of the ownership of said motor vehicle sufficiently to clearly establish his right

and title thereto, not clear evidence as to the existence of any lien or encumbrance thereon.

NOW THEREFORE, the condition of this obligation is such that if the Principal named herein shall well and truly pay and indemnify any person, firm or corporation who may subsequently establish legal ownership or interest to the aforesaid motor vehicle at the time of transfer of title certificate, as aforesaid, in full (but not to exceed the principal amount hereof) for all damages actually sustained or suffered by reason of the issuance of the aforesaid title certificate, then this obligation shall be void, otherwise the same shall be and remain in full force and effect for a period ending seven years from date hereof.

BE IN WITNESS WHEREOF, the Principal and said Surety have hereunto caused this instrument to be executed at ______________________________,

this ___________day of __________________, 20 ______.

Principal

 

By

(Surety Seal)

 

Surety

 

 

By

 

Attorney-in-Fact

Bonding Company's Bond

 

 

 

Number: ______________

Local agent's name

 

 

 

Agent's address

Affidavit of Qualification For Surety Companies

STATE OF _________________)

County of __________________)

_____________________________________________, being first duly sworn, on oath deposes and says that he is the ___________________________

Officer or Agent

of said company, and that he is duly authorized to execute and deliver the foregoing obligations; that said company is authorized to execute the same and

has complied in all respects with the laws of Utah in reference to becoming sole surety upon bonds, undertakings and obligations.

(Notary Stamp)

Signature of officer or agent

 

 

 

 

Residence

(Surety Seal)

Notary's signature

Form Breakdown

Fact Number Description
1 The Utah TC-824 form is designed for use when a motor vehicle has a defective title or when there's insufficient evidence of ownership.
2 It serves as a Surety Bond, ensuring indemnification to any subsequent legal owner or interest holder of the vehicle in question.
3 The required bond amount is double the vehicle's reasonable value, in U.S. dollars, to adequately cover any potential damages.
4 Completion of the form must be thorough, incorporating a bond number and detailed information about the principal and surety.
5 When using a power of attorney form in conjunction with the TC-824, it must be physically attached to the bond form.
6 Photocopies of the TC-824 form are not accepted; each submission must be an original document.
7 The governing laws for the TC-824 form are set by the Utah State Tax Commission and pertain to motor vehicle registration and title regulation within the State of Utah.

Detailed Steps for Writing Utah Tc 824

Once you've decided to proceed with obtaining a surety bond for a motor vehicle with a defective title or insufficient evidence of ownership in Utah, the next step involves completing the TC-824 form accurately. This form is crucial for ensuring that you are legally covered while indemnifying against any future claims of ownership on the vehicle. It's worth noting that all information provided must be comprehensive, including a bond number and attachments such as a power of attorney if used. Remember, photocopies are not accepted, so you must submit the original form.

  1. Start by reading the entire form to understand the requirements and the type of information you will need to provide.
  2. Enter the full legal name of the principal (the individual or entity purchasing the bond) and surety company in the designated spaces.
  3. Fill in the principal's address, including city, state, and ZIP code.
  4. If applicable, specify the doing-business-as (DBA) name of the principal.
  5. Indicate the bond number assigned by the surety company in the provided space.
  6. Include the vehicle details: year, make, model, body type, and the vehicle identification number (VIN). For applicants with defective titles, provide the state title number.
  7. Specify the penal sum of the bond in words and numbers, ensuring it matches double the reasonable value of the vehicle.
  8. For applicants unable to furnish sufficient proof of ownership, detail any known license numbers and issuing state.
  9. Complete the section for the transfer of title, including the new owner's name if applicable.
  10. On the execution date line, enter the city and state where the bond is executed, followed by the date (day, month, year).
  11. Have the principal and surety sign the form. If the surety is a company, the attorney-in-fact for the company must sign. Make sure the surety's seal is affixed next to the signature.
  12. Fill out the Affidavit of Qualification for Surety Companies section, including the state and county. The officer or agent of the surety company must sign this section in the presence of a notary. The notary will then add their signature, seal, and the expiration date of their commission.
  13. Attach a power of attorney form if one was used to authorize the signing of the bond.
  14. Double-check all entries for accuracy and completeness before submission.
  15. Submit the completed form to the Utah State Tax Commission as directed, ensuring you include any additional required documentation.

Completing the TC-824 form accurately is essential for processing your surety bond application without delays. Pay close attention to each step and provide precise information to meet all legal requirements. This process will protect you against potential claims and secure your vehicle ownership rights in the state of Utah.

Common Questions

  1. What is the Utah TC-824 form used for?

    The Utah TC-824 form is a surety bond for motor vehicle defective title or insufficient evidence of ownership. It's designed to protect any subsequent owner from financial loss if someone else proves legal ownership or interest in the vehicle after the certificate of title has been issued to the holder of the bond.

  2. Who needs to complete the TC-824 form?

    This form must be completed by individuals who cannot provide sufficient proof of ownership or have a defective title when they apply for a transfer of motor vehicle title or registration in Utah.

  3. What information is required to fill out the TC-824 form?

    The form requires comprehensive details, including the bond number, the names and addresses of the principal and surety, the vehicle description (year, make, model, body type, and vehicle identification number - VIN), and the penal sum amount, which is double the vehicle’s reasonable value in U.S. dollars. If a power of attorney is used, it must be attached to the bond. Photocopies of the bond form are not accepted.

  4. Is there a required bond amount specified on the form?

    Yes, the bond amount must be double the reasonable value of the vehicle involved, in lawful money of the United States of America.

  5. What is the duration of the obligation of the bond?

    The obligation remains in full force and effect for a period ending seven years from the date the TC-824 form is executed.

  6. What happens if someone establishes legal ownership of the vehicle after the title has been issued to the bondholder?

    If someone else proves legal ownership or interest in the vehicle, the principal named in the bond must pay and indemnify them for all damages actually sustained or suffered, up to the principal amount of the bond, due to the issuance of the title certificate to the bond holder.

  7. What constitutes 'sufficient evidence of ownership' for transferring a vehicle title without needing a TC-824 form?

    Sufficient evidence typically includes a properly endorsed certificate of title. However, if an individual cannot provide this or there’s a defect in the title, the TC-824 form, along with the surety bond, must then be used to apply for title transfer or registration.

  8. Can a photocopy of the TC-824 form be used?

    No, photocopies of the TC-824 form will not be accepted. The original form must be completed in its entirety and submitted.

  9. What is the penalty if the bond does not cover the damages?

    The bond covers damages up to the principal amount specified. If damages exceed this amount, the bond might not cover all damages, leaving the principal potentially responsible for any additional costs.

  10. Where can one obtain a TC-824 form?

    The TC-824 form can be obtained from the Utah State Tax Commission’s website or by visiting a Utah State Tax Commission office.

Common mistakes

Filling out the Utah TC-824 form, which is crucial for handling motor vehicle titles with defects or when sufficient evidence of ownership is lacking, can be a challenging process. However, mistakes made during this process can lead to significant delays or even the rejection of the application. It's essential to approach this task carefully to avoid common pitfalls.

One frequent mistake is not providing a bond number. This detail is vital as it uniquely identifies your bond, distinguishing it from others and verifying its legitimacy. Individuals often overlook this, leading to complications in the bond's verification process.

Another common error involves the principal's details. The correct and complete address, doing-business-as names, and other essential information must be accurately filled out. If these details are incorrect or incomplete, it could raise questions about the authenticity and accuracy of the bond.

Not attaching a power of attorney form when it's used is also a mistake that can derail the process. For those situations where a power of attorney is necessary, its absence can invalidate the application, as the surety bond and power of attorney form work together to establish the authority to act on behalf of another.

The use of photocopies of the bond form instead of the original document can also lead to the rejection of your application. The original form ensures the information is firsthand and has not been altered, maintaining the document's integrity.

Overlooking the importance of binding themselves "jointly, severally, and firmly" is another oversight. This phrase signifies the commitment of all parties involved to the bond's terms, highlighting their collective responsibility. Ignoring this can question the binding agreement between the parties involved.

Failing to correctly describe the vehicle is a mistake that can directly impact the process. The year, make, model, body type, and especially the Vehicle Identification Number (VIN) need to be meticulously entered. Any discrepancy or error in these details can complicate the title transfer process or evidence of ownership.

Last but not least, inaccuracies in the sworn affidavit by the surety company can be a crucial mistake. This part of the form confirms the authority and legitimacy of the bonding company and its agent or officer. Any errors or omissions in this section can question the validity of the bond itself.

In conclusion, while completing the Utah TC-824 form, individuals should pay careful attention to:

  1. Providing a bond number
  2. Correctly filling in the principal's information
  3. Attaching a power of attorney form when used
  4. Using original documents, not photocopies
  5. Understanding the importance of the binding agreement
  6. Accurately describing the vehicle involved
  7. Ensuring accuracy in the affidavit of the surety company

By avoiding these common mistakes, the process of addressing defective titles or insufficient evidence of ownership can be much smoother and more efficient. It's about providing clear, accurate information to support your application and meet the state's requirements.

Documents used along the form

When dealing with vehicle transactions in Utah, especially in cases where the title is considered defective or where there is insufficient evidence of ownership, a variety of forms and documents in addition to the Utah State Tax Commission Motor Vehicle Defective Title or Insufficient Evidence of Ownership Bond (Surety Bond) TC-824 form are often needed. These supplementary documents serve to streamline the process, ensuring that all legal bases are covered and that the transaction complies with state requirements.

  1. Application for Utah Title – Form TC-656: This form is fundamental for the application for a vehicle title in Utah. It captures essential information about the vehicle and its ownership.
  2. Vehicle Identification Number (VIN) Inspection – Form TC-661: This certificate is required when the vehicle in question has never been titled or registered in Utah. A VIN inspection is necessary to verify the vehicle's identity.
  3. Odometer Disclosure Statement – Form TC-891: Federal and state laws require that the seller disclose the vehicle's mileage to the buyer during the transfer of ownership. This form serves that purpose.
  4. Bill of Sale – Form TC-843: This document provides evidence of the transaction between the buyer and the seller, detailing the vehicle's sale price and other relevant information.
  5. Power of Attorney – Form TC-737: If one party cannot be present to sign the necessary documents, a Power of Attorney may be used to grant authority to another individual to sign on their behalf.
  6. Lien Release – Form TC-790: If the vehicle was previously under a lien, this form serves as proof that the lien has been satisfied and released.
  7. Application for Duplicate Utah Title – Form TC-123: This form is used when the original title is lost, stolen, or mutilated, and a duplicate title is needed.
  8. Repossession Statement – Form TC-569A: In the event of a repossession, this form documents the change in vehicle ownership due to default on payment.
  9. Salvage Vehicle Buyer’s Acknowledgment – Form TC-823: When purchasing a salvage vehicle, this form acknowledges the buyer's understanding of the vehicle's salvage status.

Each document plays a unique role in the vehicle title and registration processes, ensuring compliance and protecting the rights of all parties involved. Collectively, these forms create a comprehensive framework that addresses various scenarios, from lien releases to odometer fraud, enhancing the integrity of motor vehicle transactions in Utah. Understanding the purpose and requirements of each form can greatly facilitate a smooth and efficient handling of vehicle-related affairs.

Similar forms

The Utah TC-824 form, specifically designed for situations involving motor vehicles with defective titles or insufficient evidence of ownership, shares its objectives and features with several other documents. One notable example is a General Indemnity Agreement (GIA). A GIA is often used in the construction industry, where one party agrees to indemnify (or protect) another from any losses or damages. This document, similar to the TC-824 form, involves a promise to cover damages or losses, reflecting the TC-824 form's purpose to indemnify any subsequent legal owner from potential losses tied to the vehicle's title discrepancies.

Another document that parallels the Utah TC-824 is the Mechanic's Lien Bond. When a mechanic's lien is placed on a property, often due to unpaid work, the property owner may issue a bond to clear the lien, ensuring the mechanic can be paid while disputing the claim. Like the TC-824 form, this bond serves as a financial guarantee, ensuring that rightful claims are paid without immediately resolving the underlying dispute about ownership or payment, protecting parties’ interests during the resolution process.

The Release of Lien Bond also shares similarities with the Utah TC-824 form. When property liens are disputed, a Release of Lien Bond can be posted to remove the lien from the record, allowing property transactions to proceed while the dispute is resolved. This bond, like the TC-824, provides a safety net for those who might have a legal claim to a property (or, in the case of TC-824, a vehicle), ensuring they can be compensated if their claims are validated, reflecting the bond's role in safeguarding rights amidst ownership uncertainties.

The Lost Title Bond is directly comparable to the TC-824 form. This bond allows an individual to obtain a new title for a vehicle when the original title is lost or destroyed and there's insufficient evidence of ownership. Like the TC-824, the Lost Title Bond protects the state and any potential rightful owners by providing financial assurance that they will be compensated if someone else proves ownership of the vehicle. It specifically addresses the risks associated with reissuing vehicle titles without clear documentation.

The Performance Bond in construction is another document with objectives aligned with the Utah TC-824 form. It guarantees that the terms of a construction contract are fulfilled. If they are not, the bond provides financial compensation to the project owner. While this document is more project-specific, it corresponds with the TC-824's guarantee element, ensuring parties are compensated for losses or damages due to another's failure to meet specific legal or contractual obligations.

Lastly, the Fidelity Bond, used by businesses to protect against losses caused by fraudulent acts of employees, echoes the protective essence of the TC-824 form. Although the context is different, both bonds serve to indemnify or protect against losses — the Fidelity Bond protects businesses from internal theft or fraud, while the TC-824 guards against the financial repercussions of disputes over vehicle ownership or title defects.

The Bid Bond, typically required in the bidding process for large projects or public construction jobs, ensures that the winning bidder will undertake the contract under the bid terms. Similar to the TC-824 form, a Bid Bond provides a form of financial assurance — in this case, that a contractor is serious and financially capable of accepting the job. This parallel lies in the commitment and financial backing both documents offer, ensuring that obligations are met and protected against default or failure to fulfill agreed terms.

Dos and Don'ts

When filling out the Utah TC-824 form, which pertains to Motor Vehicle Defective Title or Insufficient Evidence of Ownership Bond, attentiveness to detail and a thorough understanding of the requirements are vital. It is designed to indemnify any subsequent claims of ownership on the vehicle, ensuring that the process is handled accurately and smoothly. Below are guidelines to help you complete the form accurately and to avoid common mistakes.

Things You Should Do:

  1. Ensure that all information is complete, including the bond number, principal's name, address, doing-business-as (if applicable), and all other fields without leaving any blank spaces.
  2. Attach a power of attorney form if one is being used, making sure it is directly related to the action of signing the surety bond.
  3. Verify that the bond amount is double the reasonable value of the vehicle, as this is a requirement to ensure adequate coverage for indemnification.
  4. Have the surety bond executed by all the necessary parties, including the surety and the principal, at the location and on the date specified.
  5. Double-check that the motor vehicle description matches all records and documentary evidence, confirming the Year, Make, Model, Body type, and Vehicle Identification Number (VIN) are all correctly listed.
  6. Things You Shouldn't Do:

    1. Submit photocopies of the bond form; original documents are required to ensure the form's validity and to prevent fraud.
    2. Leave any sections incomplete, as every part of the form is crucial for its acceptance and for the indemnity bond to be deemed valid.
    3. Forget to attach the necessary documentation, such as evidence of the vehicle's value and any power of attorney forms used during the process.
    4. Overlook the requirement for the surety and principal to sign the document, as their signatures are imperative for the bond's legal standing.
    5. Ignore the affidavit of qualification for surety companies if a surety company is involved, since this verifies the company's authority and compliance with Utah laws.
    6. By adhering to these do's and don'ts, you can navigate the complexities of filling out the Utah TC-824 form more confidently. It's essential to approach this process with precision and care, ensuring every step is completed correctly to avoid potential legal and financial complications. Whether you're dealing with a defective title or inadequate evidence of ownership, following these guidelines will help streamline the process.

Misconceptions

  • One common misconception is that the TC-824 form can be submitted as a photocopy. This is incorrect as the form must be the original. Each submission requires the authentic document; photocopies are not accepted under any circumstances, ensuring the integrity and official status of the bond.

  • Many believe that the TC-824 form is only necessary when a vehicle has a defective title. However, this form is also required when an owner cannot furnish sufficient evidence of ownership of the motor vehicle. This distinction is crucial for individuals struggling to prove their ownership due to lack of a prior certificate of title or sufficient evidence showcasing their right and title to the vehicle.

  • Another misconception involves the belief that filling out the TC-824 form is sufficient for transferring vehicle ownership. In reality, completing this form is part of a broader process that also may include providing additional documentation, such as a power of attorney form if applicable, and adherence to specific state regulations governing vehicle title transfer.

  • Some people think that the surety bond covered by the TC-824 form guarantees the vehicle's condition. This is inaccurate as the bond's purpose is to indemnify any person who might subsequently establish legal ownership or interest in the vehicle, not to assure the vehicle's physical condition or quality.

  • There is a misconception that the penal sum listed in the TC-824 form is arbitrary. The amount is actually double the reasonable value of the vehicle, a cautionary measure designed to protect against financial losses that may occur should ownership disputes arise after the transfer process is completed.

  • Lastly, many are under the impression that once the TC-824 form is filed, the indemnity bond immediately becomes effective and remains so indefinitely. However, this bond remains in full force and effect for a limited period of seven years from the date of issue. This time frame is often misunderstood, with significant implications for the involved parties.

Key takeaways

Filling out and using the Utah TC-824 form is crucial for individuals dealing with a defective title or insufficient evidence of ownership for a motor vehicle. Here are key takeaways to ensure the process is completed accurately:

  • The surety bond must be filled out completely, including details such as the bond number, the principal's name, address, and any doing-business-as names.
  • Any power of attorney used must be attached directly to the surety bond.
  • Photocopies of the TC-824 form are not accepted, so ensure you submit the original document.
  • The bond amount should be double the vehicle's reasonable value, in U.S. dollars, to indemnify any future claims of ownership.
  • Applications can be for vehicles with a defective title or when the applicant cannot furnish sufficient evidence of ownership.
  • The bond remains in effect for seven years from the date of issuance, protecting against claims from subsequent legal owners or interest holders.
  • Both the principal and the surety company are bound to pay damages up to the bond amount if someone else establishes legal ownership or interest in the vehicle.
  • The affidavit of qualification for surety companies must be completed, ensuring the bonding company is authorized to issue bonds in Utah.

Understanding and following these guidelines carefully can help facilitate a smoother process in obtaining a title or registration for your vehicle under challenging circumstances.

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