(1) This rule designates the forms and
procedures to be used when evidence of a possessory lien foreclosure is
submitted to DMV in support of an application for vehicle title.
(2) A lien claimant making application for
title that is supported by evidence of a possessory lien foreclosure must
submit the appropriate completed certification form as described below:
(a) For a landlord's lien pursuant to ORS
87.162, a Certificate of
Possessory Lien Foreclosure (DMV Form 735-518);
(b) For an abandoned vehicle pursuant to ORS
98.830, a Certificate of
Possessory Lien Foreclosure (DMV Form 735-519);
(c) For a possessory lien pursuant to ORS
87.152, a Certificate of
Possessory Lien Foreclosure (DMV Form 735-520);
(d) For property abandoned by a tenant
pursuant to ORS 90.425, a Certificate of
Possessory Lien Foreclosure (DMV Form 735-521);
(e) For a lien for towing a vehicle pursuant
to ORS 819.160, a Certificate of
Possessory Lien Foreclosure (DMV Form 735-6604); or
(f) For towing, care and storage charges of
an unlawfully parked vehicle pursuant to ORS
98.812, a Certificate of
Possessory Lien Foreclosure (DMV Form 735-6605).
(3) A certification form described under
section (2) of this rule must be the version of the form in effect at the time
the lien was foreclosed or the version in effect at the time the application
for title is submitted to DMV.
(4)
The lien claimant's signature constitutes a certification that the information
in the Certificate of Possessory Lien Foreclosure is true and accurate and that
the lien claimant complied with all applicable statutory requirements for the
possessory lien foreclosure.
(5) A
certification form submitted and completed as described under sections (2) and
(3) of this rule constitutes proof of ownership for purposes of ORS
803.205.
Notes
Or. Admin. Code
§
735-020-0012
DMV 10-2002, f. & cert.
ef. 6-24-02; DMV 2-2012, f. & cert. ef. 2-21-12;
DMV
23-2017, amend filed 12/19/2017, effective
1/1/2018; DMV 2-2019, minor
correction filed 01/30/2019, effective 01/30/2019;
DMV
21-2019, amend filed 10/22/2019, effective
11/1/2019
Forms referenced are available from the
agency.
Statutory/Other Authority: ORS
184.619,
802.010,
803.045,
803.094 &
803.097
Statutes/Other Implemented: ORS
87.152,
87.162,
87.166,
87.172,
87.176 -
87.206,
90.425,
90.675,
98.805,
98.812,
98.818,
98.830,
803.045,
803.094,
803.097,
803.205,
809.720,
811.555,
811.570,
819.110,
819.120,
819.160 &
819.230
