342.10(3)(d)(d) That the vehicle was a flood damaged vehicle.
342.10(3)(e)(e) That the vehicle was a manufacturers buyback vehicle.
342.10(3)(f)(f) That the vehicle was previously a salvage vehicle.
342.10(3)(g)(g) That the vehicle was transferred to an insurer upon payment of an insurance claim. This paragraph does not apply to salvage vehicles.
342.10(3)(h)(h) That the vehicle was a hail-damaged vehicle. This paragraph does not apply to a hail-damaged vehicle that was repaired with any replacement part, as defined in s. 632.38 (1) (e).
342.10(5)(5)A certificate of title issued by the department is prima facie evidence of the facts appearing on it.
342.10(6)(6)A certificate of title may be issued by the department in an automated format.
342.10 HistoryHistory: 1977 c. 29 s. 1654 (7) (a); 1977 c. 79; 1987 a. 349; 1993 a. 63, 159, 491; 1997 a. 27, 191; 1999 a. 9, 80, 186; 2001 a. 109; 2003 a. 184.
342.10 AnnotationA certificate of title is not conclusive evidence of ownership. The purpose of sub. (5) is to furnish convenient evidence of vehicle ownership. National Exchange Bank of Fond du Lac v. Mann, 81 Wis. 2d 352, 260 N.W.2d 716 (1978).
342.11342.11Grounds for refusing issuance of certificate of title. The department shall refuse issuance of a certificate of title if any required fee has not been paid or for any of the following reasons:
342.11(1)(1)The department has reasonable grounds to believe that:
342.11(1)(a)(a) The person alleged to be the owner of the vehicle is not the owner.
342.11(1)(b)(b) The application contains a false or fraudulent statement.
342.11(2)(2)The applicant has failed to furnish any of the following:
342.11(2)(a)(a) If applicable, the power of attorney required under 15 USC 1988 or rules of the department.
342.11(2)(b)(b) Unless exempted by rule of the department, the mileage disclosure from the most recent titled owner and of all subsequent nontitled owners of the vehicle.
342.11(2)(c)(c) Any other information or documents required by law or by the department pursuant to authority of law.
342.11(3)(3)The applicant is a motor vehicle dealer and is prohibited from applying for a certificate of title under s. 342.16 (1) (a) or (c).
342.11(4)(4)Except as provided in ss. 342.05 (5) and 342.16 (1) (a) for a certificate of title and registration for a vehicle owned by a nonresident, the applicant is a nonresident and the issuance of a certificate of title has not otherwise been authorized by rule of the department. Any temporary operation permit or plate issued under s. 341.09 shall not be considered registration of the vehicle for purposes of this subsection.
342.11 HistoryHistory: 1977 c. 29 s. 1654 (7) (a); 1993 a. 159.
342.12342.12Withholding certificate of title; bond.
342.12(1)(1)No certificate of title shall be issued by the department until the outstanding evidence of ownership is surrendered to the department.
342.12(2)(2)If the department is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the department, subject to sub. (3), shall withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the department as to the applicant’s ownership of the vehicle and that there are no undisclosed security interests in it.
342.12(3)(3)Notwithstanding sub. (2), the department may issue a certificate of title if the applicant fulfills either of the following requirements:
342.12(3)(a)(a) The applicant is a dealer licensed under ss. 218.0101 to 218.0163 or 218.11 and is financially responsible as substantiated by the last financial statement on file with the licensor, a finance company licensed under ss. 138.09 or 218.0101 to 218.0163, a bank organized under the laws of this state, or a national bank located in this state; or
342.12(3)(b)(b) The applicant has filed with the department a bond in the form prescribed by the department and executed by the applicant, and either accompanied by the deposit of cash with the department or executed by a person authorized to conduct a surety business in this state. The bond shall be in an amount equal to one and one-half times the value of the vehicle as determined by the department and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the vehicle or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney fees, by reason of the issuance of the certificate of title for the vehicle or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the vehicle. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of 5 years or prior thereto if, apart from this section, a certificate of title could then be issued for the vehicle, or if the vehicle is no longer registered in this state and the currently valid certificate of title is surrendered to the department, unless the department has been notified of the pendency of an action to recover on the bond.
342.12 HistoryHistory: 1973 c. 116 s. 6; 1977 c. 29 s. 1654 (7) (a); 1991 a. 39, 277; 1993 a. 317, 490; 1997 a. 199, 237; 1999 a. 31, 109, 179, 185; 2003 a. 184; 2009 a. 100; 2011 a. 262.
342.13342.13Lost, stolen or mutilated certificates.
342.13(1)(1)If a certificate of title is lost, stolen, mutilated, or destroyed, or becomes illegible, the owner or person in possession of the certificate, as shown by the records of the department, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the department. The replacement certificate of title shall contain a notation, in a form determined by the department, identifying the certificate as a replacement certificate that may be subject to the rights of a person under the original certificate.