Title Transfers (Vehicles & Boats)

Justices of the Peace, acting as ex officio notaries, may notarize title transfer documents for movable property. This auxiliary function allows citizens to complete sales and transfers of motor vehicles and watercraft locally, without traveling to the Office of Motor Vehicles (OMV) or Department of Wildlife and Fisheries (LDWF) for notarization services.

Ex Officio Authority

A JP’s authority to notarize these transfers derives from the ex officio notary statute, which authorizes JPs to “notarize bills of sale and other title documents for movable property,” specifically including motor vehicle transfers submitted to the OMV and boat transfers submitted to the LDWF.

RS 13:2590

What the JP Can Do

Authorized functions include:

Notarizing bills of sale for vehicles and boats
Notarizing title assignments (signing the title over to a new owner)
Notarizing affidavits related to ownership (e.g., odometer disclosure, clear title)
Witnessing signatures on official forms requiring notarization

What the JP Cannot Do

The JP may not:

Draft documents for the parties (notarize only, not draft)
Provide legal advice about the transaction
Certify the condition, value, or seaworthiness of the property
Guarantee the accuracy of the parties’ representations
Register the vehicle or vessel (this is the owner’s responsibility)
Notarize documents for immovable property (land, buildings)

RS 13:2586RS 13:2586.1

Motor Vehicle Transfers (OMV)

For motor vehicle transfers, the JP acts as a notary for documents submitted to the Louisiana Office of Motor Vehicles.

Vehicle Information to Verify

When notarizing a vehicle transfer, the JP typically verifies:

Vehicle Identification Number (VIN): The unique 17-character identifier. The JP confirms the VIN on the document matches the title (if available) and does not alter/correct it.
Year, Make, and Model: Matches the title or other documentation.
Odometer Disclosure: Federal and state law require the seller to certify current mileage. The JP notarizes this certification but does not verify the mileage accuracy.
Lien Information: If the title shows a lien, the transfer cannot be completed without satisfying it.

Common OMV Documents

Bill of Sale: Documents the transfer of ownership, including price, date, and vehicle description.
Title Assignment: The signature section on the back of the title transferring ownership.
Odometer Disclosure Statement: Certification of mileage.
Affidavit of Ownership: Used when a title is lost or ownership must be established by affidavit.

RS 32:702RS 32:707

Boat & Watercraft Transfers (LDWF)

For boat transfers, the JP acts as a notary for documents submitted to the Louisiana Department of Wildlife and Fisheries.

Boat Information to Verify

Hull Identification Number (HIN): The unique identifier for the vessel (similar to a VIN).
Vessel Description: Year, make, model, length, hull material, and propulsion type.

Common LDWF Documents

Bill of Sale: Documents the transfer, including HIN and vessel details.
Manufacturer’s Statement of Origin (MSO): For new boats, the dealer assigns the MSO to the first owner.
Affidavit of Ownership: Used when ownership must be established without a title (e.g., older vessels).
Affidavit of Clear Title: Seller certifies the vessel is free of liens.
Affidavit for Duplicate Decals: Used if registration decals are lost.

RS 34:851.4RS 34:851.5

The Notarization Process

The process for notarizing both vehicle and boat transfers follows the same strict requirements.

1. Identity Verification

The JP is required to verify the identity of each person signing the document using government-issued photo identification (Driver’s License, State ID, Passport, Military ID). The JP compares the photo to the person present.

2. Personal Appearance

All parties whose signatures require notarization must appear in person before the JP. The JP cannot notarize a signature that was made outside their presence.

3. Signing in Presence

The parties must sign the document in the JP’s presence. If a document arrives with signatures already affixed, the JP cannot notarize it.

4. Document Review

The JP examines the document to ensure:

No blank spaces that could be filled in later (prohibited).
All required fields are completed.
The document type falls within JP authority (movable property).

5. Completion

The JP fills in the notarial acknowledgment, signs as ex officio notary, affixes their ID number, and dates the act. The transaction is recorded in the JP’s log, and the fee is collected.

Common Issues

Blank Spaces: Documents with blanks cannot be notarized. They must be completed first.
Pre-signed Documents: If a party signed before arriving, they must sign again in the JP’s presence or re-execute the document.
Outstanding Liens: If a title shows a lien, parties are advised it must be satisfied before transfer.
Missing ID: Notarization cannot proceed without proper ID.
Data Mismatch: If the VIN/HIN on the document doesn’t match the title, the document must be corrected by the parties.

After Notarization

The JP’s role ends with notarization.

Vehicles: Parties submit documents to the Office of Motor Vehicles (OMV).
Boats: Parties submit documents to the Department of Wildlife and Fisheries (LDWF).

Notarial Authority — Overview of ex officio notary powers
Auxiliary Duties — Other administrative functions