| Alabama
TITLE STATE: 1975 and subsequent years. SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: Alabama Motor Vehicle Division, P.O. Box 327640, Montgomery, Alabama 36132-7640. Tel: (334) 242-9000. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: MVT-15-1 (Repossession Affidavit) and original released title PLATES: Remain with the debtor.
Alaska
TITLE STATE: Yes SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: Alaska Division of Motor Vehicles, 2150 E. Dowling Road, Anchorage, Alaska 99507. Tel: (907) 269-5551. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: Repossession affidavit, certified copy of contract, bill of sale. PLATES: Remain with the vehicle.
Arizona
TITLE STATE: Yes SECURITY INTERESTS: Shown on title, title mailed to debtor, lien-holder record mailed to lien-holder. LICENSE REGISTRATION: The Arizona Department of Transportation, Motor Vehicle Division, 1801 W. Jefferson, Phoenix, Arizona 85007. Tel: (602) 255-7011. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: Arizona Lien-holder record or out-of-state title, AZ MVD "Affidavit of Repossession/Bill of Sale" form and vehicle inspection if vehicle not previously registered in Arizona. PLATES: As of 01/01/02 - plates now belong to the registered owner of the vehicle. They remain with the debtor.
Arkansas
TITLE STATE: Yes SECURITY INTERESTS: Shown on title held by first lien holder. LICENSE REGISTRATION: Arkansas Office of Motor Vehicles, Post Office Box 1272-MV, Little Rock, Arkansas 72203. Tel: (501) 682-4692. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: Certified copy of contract, title, repossession affidavit and application for title by the secured party. PLATES: Remain with the debtor.
California
TITLE STATE: Yes. SECURITY INTERESTS: Shown on Certificate of Ownership (Pink Slip) or Title held by the lien holder. LICENSE REGISTRATION: California Department of Motor Vehicles, Post Office Box 942869, Sacramento, California 94269-0000. Tel: (916) 657-7669. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: Title, lien satisfied, affidavit of repossession, bill of sale, current registration card and smog certificate. PLATES: Remain with the vehicle.
Colorado
TITLE STATE: Yes. SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: Colorado Motor Vehicle Division, 1881 Pierce St., Lakewood, CO 80215. Tel: (303) 205-5608. RECOVERY REQUIREMENT: Repossession allowed without committing a breach of the peace after 20 Day Right to Cure Letter from lien holder to debtor (except skips, leases, lack of insurance or third party possession). DOCUMENTS REQUIRED FOR LIQUIDATION: Repossession title is issued to lien-holder only. Title and DR412 (Repossession Affidavit) and Application for New Title. Lien-holder may sell vehicle without first applying for new title. PLATES: Remain with the debtor.
Connecticut
TITLE STATE: Yes. SECURITY INTERESTS: Shown on title held by first lien holder. LICENSE REGISTRATION: Connecticut Department Motor Vehicle, 60 State Street, Wethersfield, Connecticut 06109. Tel: (860) 566-4710. Toll Free 1-800-842-8222. RECOVERY REQUIREMENT: Must be peaceful. Ten day notice before taking is permitted but not required. If not given, fifteen day period for redemption must be given. Repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: Affidavit of Repossession, Certificate of Title, Q-1 form to transfer. PLATES: Remain with debtor.
Delaware
TITLE STATE: Yes. SECURITY INTERESTS: Shown on title, held by first lien holder. LICENSE REGISTRATION: Delaware Division of Motor Vehicles, Administration Office. Post Office Box 698, Dover, Delaware 19903. Tel: (302) 739-2500. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: Title. Repossession Affidavit (MV-195), copy of contract. PLATES: Remain with the vehicle.
District of Columbia
TITLE STATE: Yes. SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: District Of Columbia Motor Vehicle Services, 301 C Street N.W., Washington, D.C. 20001. Tel: (202) 727-6680. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: Certified copy of contract, title, inspection if out of state. PLATES: Remain with the debtor.
Florida
TITLE STATE: Yes. SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: Florida Division of Motor Vehicles, Neil Kirkman Building, Tallahassee, Florida 32399. Tel: (904) 488-3881. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: All Florida titles must be converted to lien holder's name. Some out of state repossession affidavits are accepted. Call ARA member for details. PLATES: Remain with the debtor.
Georgia
TITLE STATE: Yes SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: Georgia Motor Vehicle Division, 270 Washington Street, Atlanta, Georgia 30334. Tel: (404) 362-6500. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: Title, copy of contract, bill of sale, affidavit of repossession (T-16). PLATES: Remain with the vehicle.
Hawaii
TITLE STATE: Yes SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: Contact member for information. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: "Repossessed By" Lien holder, with signature on line one of Hawaiian Title, "Successor Interest" on line seven (Lien holder with signature), Registration in Lien holders name, inspection required. PLATES: Remain with the vehicle.
Idaho
TITLE STATE: Yes SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: Idaho Department of Motor Vehicles, P.O. Box 34, Boise, Idaho 83707. Tel: (208) 334-8663. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: Title, (no signature on back) and Repossession Affidavit. PLATES: Remain with the vehicle.
Illinois
TITLE STATE: Yes SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: Illinois Department of Vehicle Services, Centennial Bldg., Room 408, Springfield, Illinois 62756. Tel: (217) 782-6212. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: After Repossession, the lien holder shall mail the Affidavit of Defense to the registered owner's last known address giving the owner 21 days from the date of the certified mail to redeem this unit. The vehicle may not be sold or transferred during this period. PLATES: Remain with the debtor.
Indiana
TITLE STATE: Yes SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: Indiana Bureau of Motor Vehicles, 100 N. Senate Ave., #401, Indianapolis, Indiana 46204. Tel: (317) 233-6000. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: Certified copy of Contract (Form 1 Certificate of Repossession from California, Tennessee, Texas). All other states must have a Repo title in the client's name. PLATES: Remain with the debtor.
Iowa
TITLE STATE: Yes SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: Iowa Office of Vehicle Registration, P.O. Box 9278, Des Moines, Iowa 50306. Tel: (515) 237-3077. RECOVERY REQUIREMENT: After Twenty Day Right To Cure Letter from lien holder to debtor, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: Title, Affidavit of Repossession. Do not release lien on title. PLATES: Remain with the debtor.
Kansas
TITLE STATE: Yes SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: Kansas Division of Vehicle, Docking State Building, Topeka, Kansas 66626-0001. Tel: (785) 296-3621. RECOVERY REQUIREMENT: After 20 day "Right to Cure" letter from lien holder to debtor, repossession allowed without committing a breach of peace. (Applicable only once during term of security agreement.) Not applicable to any "substantial impairment" such as lack of insurance, etc. DOCUMENTS REQUIRED FOR LIQUIDATION: No out of state repossession affidavits are accepted. Repossession affidavit may accompany Kansas title and an application for title together with a certified copy of the Security Agreement to the vehicle. PLATES: Remain with the debtor.
Kentucky
TITLE STATE: Yes SECURITY INTERESTS: Shown on title, Title mailed to & held by debtor. Lien holder holds title lien statement. LICENSE REGISTRATION: Kentucky Division of Motor Licensing, State Office Building, Room 203, Frankfort, Kentucky 40622. Tel: (502) 564-5301. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: Title, Repossession Affidavit. PLATES: Remain with the vehicle.
Louisiana
TITLE STATE: Yes SECURITY INTERESTS: Recorded on Title held by Lien holder. LICENSE REGISTRATION: State of Louisiana, Dept. of Public Safety, Office of Motor Vehicles, 109 S. Foster Dr., Baton Rouge, Louisiana 70806. Tel: (225) 925-6146; Website WWW.DPS.STATE.LA. US/OMV/HOME.HTML). RECOVERY REQUIREMENT: Effective January 1, 2005, Louisiana's Act 191 ( "Additional Default Remedies Act" ) and Act 814 ( "Notice of Repossession" ) permit a "secured party" or "a lessor" to take possession of collateral without judicial process provided: 1. ) the Security Agreement, or lease, contains the following specific wording: "Louisiana law permits repossession of motor vehicles without judicial process", 2. ) prior to taking possession, a notice of intent is sent to all debtors, in writing, containing the specific wording: "Louisiana law permits repossession of motor vehicles without further notice or judicial process", 3. ) a "payment" default exceeding 30 days ( monthly installment contracts ) or 60 days ( weekly or bi-weekly contracts ) exists, 4. ) no "breach of the peace" occurs in the act of retaking, 5. ) the individual who physically repossesses collateral must be licensed by the State of Louisiana-Office of Financial Institutions, 6. ) in the event a tow truck is used, the owner, or operator, shall possess a common carrier certificate issued by the Louisiana Public Service Commission, and 7. ) within three days of taking possession, the secured party files a "Notice of Repossession" with the recorder of mortgages in the Parish where the collateral was located and with the appropriate official Constable of the Justice of The Peace Court, Constable or Marshal of the City Court or the Parish Sheriff as determined by the debtor's last known address. Fees of $75.00 to the "Recorder of Mortgages" and $250.00 to the appropriate "official" must be paid at the time of filing. Both a "Notice of Sale" and a "Notice of Disposal" are follow-up requirements and prerequisites to perfecting a deficiency ( R. S. 10 : 9-613, et seq. ). Act 670 allows a motor vehicle dealer to use self-help if a prospective purchaser fails to return a credit rejected vehicle 25 days after delivery and after 48 hrs. notice. DOCUMENTS REQUIRED FOR LIQUIDATION: Vehicle may be sold on any State's Lien Released and Lien holder Assigned Title provided it is "federally conforming" and is accompanied by a "notarized" Affidavit of Possession and a photocopy of the Debtor's signed Release. If Title is non-federally conforming, substitute a "federally conforming", "notarized" Bill of Sale in lieu of assigning said Title. All documents must be completed accurately and devoid of any type of white out or line out corrections. PLATES: The licensing State's Motor Vehicle Laws govern whether plates remain with the vehicle or with the registered owner. Louisiana plates remain with the registered owner. The only exception is with Leased Vehicles that always remain with the vehicle.
Maine
REPOSSESSION LICENSES: Repossession Companies must be licensed as debt collectors with Maine Bureau of Consumer Protection. TITLE STATE |