Iowa Admin. Code r. 761-480.3 - General provisions
(1) If a police
authority has designated a private entity to process an abandoned vehicle, the
police authority shall provide to the private entity a certificate of disposal
form prescribed by the department. On the form, the police authority shall
provide a description of the vehicle and list the name and address of the last
registered owner, all known lienholders of record, and any other known
claimants to the vehicle.
(2) A
police authority or private entity processing an abandoned vehicle shall
maintain records for three years from the sale at a public auction or transfer
of a motor vehicle to a demolisher. The records are to be open to inspection by
any peace officer or any employee of the department. The required documents to
be made available for inspection include:
a.
The motor vehicle record request results letter issued by the department with
lien information or evidence that a motor vehicle record was reviewed for
owners and liens through other legal means.
b. The impound report with the date of
abandonment.
c. One copy of the
dated notice sent by the police authority or private entity to each owner and
lienholder or proof of publication of notice with the publication date
visible.
d. One copy of an actual
newspaper page advertising each public auction with advertisement and date
visible.
e. A copy of the
certificate of disposal for the private entity.
f. The bidder registry for the police
authority or private entity designated by a police authority holding a public
auction.
g. A copy of affidavit of
sale on a form prescribed by the department.
(3) A police authority or private entity
shall verify that the provisions of this chapter have been executed, prior to
the sale of the abandoned vehicle, on a form prescribed by the
department.
(4) A purchaser in good
faith of a motor vehicle sold as a result of the abandoned vehicle process
takes the motor vehicle free of all rights of all persons, including holders of
preexisting liens, notwithstanding any police authority or private entity's
noncompliance with this chapter.
(5) Upon presentation of a sales receipt, a
county official shall process the registration and issuance of title to the
purchaser free of all rights of all persons, including holders of preexisting
liens, notwithstanding any police authority or private entity's noncompliance
with this chapter.
Notes
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