Well -- You get into the "possession is 9/10ths of the law" -- the current "guy" has possession - depends on how long - and if he can PROVE he's had it that long - does he have some paperwork - like a bill of sale from the title holder...
is the current title holder "around" so he could give you an affidavit stating that the title is lost and that he's willing to transfer title to you etc.
It's messy - but can be done - you'll just have to make a couple trips to your DMV to see what you need.
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