Registration and Title Bulletin #104-03
| Date: |
September 9, 2003 |
| To: |
All County Tax Assessor-Collectors |
| Subject: |
Title Only Transactions Indicating Out-of-state Lienholders |
PURPOSE
To clarify the procedures for processing Title Only transactions that indicate
an out-of-state lienholder.
DETAILS
Title Only transactions are continuing to be processed on repossessed vehicles
with out-of-state lienholders. In addition, some out-of-state lienholders are
using a C/O Texas address to process these types of transactions. The Title
Control Systems (TCS) Branch rejects in excess of 100 such transactions per
month.
Transportation Code, Section 501.074, reads in part, as follows:
"(a) The department shall issue a new certificate of title for a (motor
vehicle registered) in this state for which the (ownership is transferred) by
operation of law.
(b) If a lien is foreclosed by nonjudicial means, the department may issue a new
certificate of title in the name of the purchaser at the foreclosure sale on
receiving the affidavit of the lienholder of the fact of the nonjudicial
foreclosure."
In accordance with this statute, a repossessed vehicle is transferred utilizing
the existing title and a repossession affidavit when the vehicle is sold to a
purchaser. The provision does not require a title in the lienholder’s name.
Out-of-state lienholders will be required to secure title in the state where
the lienholder is located.
COUNTY ACTION
Please do not process Title Only transactions on repossessed vehicles
indicating an out-of-state lienholder or indicating a C/O Texas address
supported by an out-of-state or Texas title indicating an out-of-state
lienholder.
VTR CONTACT PERSON(S)
If you have any questions, please contact your local Texas Department of
Transportation Vehicle Titles and Registration Division Regional Office. Thank
you.
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