Ala. Admin. Code r. 810-5-75-.17 - Repossessed Motor Vehicle Or Manufactured Home
(1) If a motor vehicle or manufactured home
that is subject to titling is repossessed by a lienholder, the following
procedures must be followed:
(a) For a motor
vehicle or manufactured home in Alabama, Form MVT 15-1, Repossessed Motor
Vehicle Affidavit must accompany the properly assigned certificate of
title.
(b) For a motor vehicle or
manufactured home outside of Alabama, an equivalent out-of-state motor vehicle
or manufactured home repossession affidavit must accompany the properly
assigned certificate of title.
(2) A lienholder that repossesses a motor
vehicle or manufactured home without recording their lien on the certificate of
title is required to title the vehicle or manufactured home in their name prior
to transferring the vehicle or manufactured home. The unrecorded lienholder
must provide the following documents to support their application for
certificate of title:
(a) Outstanding
certificate of origin or certificate of title issued to or assigned to the
owner in default.
(b) Copy of
security interest agreement.
(c)
Form MVT 15-1, Repossessed Motor Vehicle Affidavit.-
(3) Pursuant to §
32-8-62 or §
32-20-42, Code of Ala.
1975, when more than one lien is recorded on the certificate of
title, all subsequent liens are subordinate to the first lien. Accordingly, a
lien release is not required from a subordinate lienholder recorded on a
certificate of title whenever the first lienholder recorded on the certificate
of title repossesses the vehicle or manufactured home.
Notes
Author: Mike Gamble
Statutory Authority: Code of Ala. 1975, §§ 32-8-3(b)(3), 32-8-62, 32-20-3(b)(3), 32-20-42, 40-2A-7(a)(5).
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