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DEPARTMENT OF TRANSPORTATION,
DRIVER AND MOTOR VEHICLE SERVICES DIVISION
DIVISION 20
GENERAL TITLE PROVISIONS
735-020-0000
Perfection of a Security Interest -- Definitions
The following terms and definitions apply to OAR 735-020-0000 to 735-020-0060:
(1) "Agent" means a person designated by DMV to accept applications and fees for vehicle titles and registrations, and includes a person issued a vehicle dealer certificate under ORS 822.020.
(2) "DMV" means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.
(3) "EVR" means DMV's electronic vehicle registration program.
(4) "EVR integrator" is a person designated by DMV by written agreement to facilitate transactions related to the titling and registering of motor vehicles between DMV and those Oregon vehicle dealers approved by DMV to conduct EVR transactions, including but not limited to the processing of applications for vehicle title and registration.
(5) "Evidence of Ownership" as used in ORS 803.097 means a document that contains a description of the vehicle, the name of each owner of the vehicle and the name of each person to whom interest is assigned, awarded or transferred; and
(a) Is a primary ownership document as provided in OAR 735-020-0010; or
(b) Is a transitional ownership document (TOD) as provided in OAR 735-020-0015.
(6) "Ownership document" has the same meaning as "ownership record" as defined in ORS 801.377 and as used in 803.130 through 803.138.
(7) "Primary ownership document" has the same meaning as "primary ownership record" as defined in ORS 801.402 and as used in 803.130 through 803.138.
(8) "Transitional ownership document" has the same meaning as "transitional ownership record" as defined in ORS 801.562 and as used in 803.130 through 803.138.
Stat. Auth.: ORS 184.616, 184.619, 802.210 & 803.097
Stats. Implemented: ORS 801.130, 801.402, 801.562, 803.097 & 803.130 - 803.138
Hist.: MV 2-1988, f. & cert. ef. 1-7-88; Administrative Renumbering 3-1988, Renumbered from 735-110-0500; MV 18-1988, f. & cert. ef. 6-1-88; MV 9-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 5-2000, f. & cert. ef. 8-10-00; DMV 10-2002, f. & cert. ef. 6-24-02; DMV 6-2004, f. & cert. ef. 5-24-04
735-020-0010
Perfection of Security Interest; Primary Ownership Document
(1) This rule specifies the documents
DMV will consider primary ownership documents for the purposes of perfecting a security
interest in a vehicle.
(2) Except as provided in
section (3) of this rule, a primary ownership document is:
(a) A manufacturer’s
certificate of origin (MCO) or equivalent document as described in OAR 735-022-0030
through 735-022-0060. This subsection applies to:
(A) A vehicle or camper built
by a manufacturer that has never been titled or registered; and
(B) A vehicle or camper built,
assembled, or reconstructed using a component kit that has never been titled or
registered. The MCO may only be considered a primary ownership document for the
vehicle or camper parts contained in the kit.
(b) A current certificate
of title or salvage title issued for a vehicle or camper; or
(c) A Certificate to Obtain
Title for a Vehicle (U.S. Government Form SF 97), for a vehicle or camper previously
owned by the U.S. Government and where interest is being transferred.
(3) Notwithstanding section
(2) of this rule, DMV may, at its discretion, consider other documents to be primary
ownership documents when:
(a) DMV is satisfied that
the original Oregon title has been lost or destroyed, and that there has been a
change in interest;
(b) Interest has been transferred
by operation of law under Oregon law, or through court action in a court having
jurisdiction over persons or property located in Oregon, and the primary ownership
documents described in section (2) of this rule are not available;
(c) The security interest
is in a vehicle or camper not manufactured for sale in the U.S., and that is not
currently registered or titled in the U.S.;
(d) The security interest
is in a vehicle or camper last titled or registered outside the U.S.; or
(e) DMV is satisfied that
a primary ownership document described in section (2) of this rule was never issued,
is not obtainable, or has been surrendered to another jurisdiction.
(4) Documents DMV may determine
are primary ownership documents under section (3) of this rule include but are not
limited to:
(a) A court judgment or decree
from a court having jurisdiction over persons or property located in Oregon that
awards ownership of a vehicle or camper as a matter of law;
(b) A certificate of possessory
lien foreclosure as described in OAR 735-020-0012;
(c) A completed and signed
Inheritance Affidavit (DMV Form 735-516) vesting the interest of a deceased owner
in the person designated by all the heirs as the owner of the vehicle or camper;
(d) A completed and signed
Certificate of Ownership of an Assembled Light Trailer or Heavy Trailer (DMV Form
735-6644) for a trailer built by someone other than a manufacturer;
(e) A completed and signed
Application for Replacement Title (DMV Form 735-515) or Application for Replacement
Salvage Title (DMV Form 735-230) where:
(A) The application is accompanied
by an Application for Title and Registration (DMV Form 735-226) that includes a
release of interest from anyone listed on the original title that will not be listed
on the new title; and
(B) Any change in interest
is of a type not subject to odometer disclosure requirements under ORS 803.102 and
OAR 735-028-0000 through 735-028-0100;
(f) A completed and signed
Certification of Ownership Facts (DMV Form 735-550);
(g) An Ownership document
issued by the U.S. Armed Forces for a vehicle or camper owned by a member of the
U.S. Armed Forces;
(h) A salvage title, salvage
bill of sale, or dismantler (wrecker) bill of sale on a vehicle or camper whose
title has been surrendered to a jurisdiction; or
(i) For a vehicle or camper
described under subsections (3)(c) and (d) of this rule:
(A) A certificate for export
purposes issued by a foreign jurisdiction; or
(B) A vehicle or camper registration
if the vehicle has been registered but is not currently titled.
(5) When the application
for notation of a security interest is for a vehicle or camper that is initially
being titled as assembled, reconstructed, or a vehicle replica, the primary ownership
document must be specific to the frame or unibody.
(6) When the application
for notation of a security interest is for a vehicle or camper manufactured in more
than one stage, the primary ownership document(s) must cover each stage of manufacture.
(7) DMV may invalidate a
primary ownership document as evidence of ownership if it determines:
(a) The document is fraudulent
or contains false information; or
(b) The document does not
show the most current ownership interest in the vehicle or camper.
(8) If, after a title has
been issued, it is determined that the evidence of ownership is invalid under section
(7) of this rule, DMV may cancel the vehicle title. Before a title is cancelled,
DMV will send a notice of the proposed cancellation to the vehicle owner or lessee,
security interest holder(s) and lessor (if applicable), as listed in DMV records.
A cancellation becomes effective 10 days after the date the notice is deposited
with the postal service, unless a hearing is requested within that 10-day period.
If a timely hearing is requested, the cancellation will be contingent on the outcome
of the hearing.
(9) A title cancellation
under section (8) of this rule automatically invalidates the security interest(s)
noted on that title. A new application for notation for perfection of security interest
and valid evidence of ownership must be submitted to DMV before security interest
in a vehicle can be perfected pursuant to ORS 803.097.
(10) DMV will not invalidate
a primary ownership document as evidence of ownership based solely on missing title
requirements (e.g., missing odometer information, and fees).
(11) A document considered
by DMV to be a primary ownership document under section (3) of this rule constitutes
proof of ownership for purposes of ORS 803.205.
[ED. NOTE: Forms referenced are available
from the agency.]
Stat. Auth.: ORS 184.616,
184.619, 801.402, 802.010 & 803.097
Stats. Implemented: ORS 801.402,
803.097 & 803.205
Hist.: MV 2-1988, f. &
cert. ef. 1-7-88; Administrative Renumbering 3-1988, Renumbered from 735-110-0510;
MV 18-1988, f. & cert. ef. 6-1-88; MV 9-1993, f. 10-22-93, cert. ef. 11-4-93;
DMV 10-2002, f. & cert. ef. 6-24-02; DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05;
DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. &
cert. ef. 5-25-06; DMV 2-2012, f. & cert. ef. 2-21-12; DMV 3-2014, f. &
cert. ef. 5-19-14
735-020-0012
Application for Title by Possessory Lien Foreclosure
(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) In
addition to all applicable fees, an application for title that is supported by evidence
of a possessory lien foreclosure must be accompanied by one of the following certification
forms:
(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 98.835, a Certificate of Possessory Lien Foreclosure
(DMV Form 735-519);
(c) For
a possessory lien for labor or material expended on chattel (mechanic’s 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 correct
form for the type of lien foreclosure, have a revision date of January 2008 or later,
and contain the following:
(a) Information
sufficient to identify the vehicle, such as the plate number, including the jurisdiction
of issuance if the vehicle is not registered in Oregon, or VIN number;
(b) The
printed name of the buyer;
(c) The
date of the public auction;
(d) The
printed name and address of the lien claimant; and
(e) The
signature of the lien claimant. 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.
(4) 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.
[ED. NOTE: Forms
referenced are available from the agency.]
Stat.
Auth.: ORS 184.616, 184.619, 802.010, 803.045, 803.094, 803.097
Stat.
Implemented: ORS 87.152, 87.162, 87.166, 87.172, 87.176 – 87.206, 90.425,
90.675, 98.805, 98.810, 98.812, 98.818, 98.830, 98.835, 803.045, 803.094, 803.097,
803.205, 809.720, 811.555, 811.570, 819.110, 819.120, 819.160 & 819.230
Hist.:
DMV 10-2002, f. & cert. ef. 6-24-02; DMV 2-2012, f. & cert. ef. 2-21-12
735-020-0015
Transitional Ownership Document -- Limited Ownership Document
(1) "Transitional ownership document" (TOD) as used in OAR 735-020-0010 through 735-020-0040, is a document that:
(a) Is only valid when in the possession of the Driver and Motor Vehicle Services Division (DMV) of the Department of Transportation, and so long as it has not been returned, rejected or invalidated by DMV;
(b) Is evidence of ownership and is an application for notation of a security interest, as used in ORS 803.097, and subsequently may be invalidated as such;
(c) Is not negotiable; and
(d) Shall not by itself be evidence of a person's ownership or right to title.
(2) As used in this rule and ORS 803.136, 30 days or 90 days means calendar days excluding the actual date of sale or date the security agreement or contract was signed. If the last day of the 30 or 90-day period falls on a Saturday or legal holiday, including Sunday, the TOD will be accepted if received by DMV on the first business day following the Saturday or legal holiday.
(3) The date DMV receives a TOD shall be considered the date requirements for perfection of a security interest were met, unless DMV rejects, returns, or invalidates the TOD.
(4) A TOD must be submitted either on an original DMV Transitional Ownership Document form or on an exact copy of the DMV form that is legible and can be photocopied, microfilmed, electronically scanned or otherwise reproduced by DMV.
(5) A photocopy or facsimile of a TOD may be submitted if it is legible and can be photocopied, microfilmed, electronically scanned or otherwise reproduced by DMV equipment.
(6) The vehicle identification number (VIN) required to be on a TOD must be the same VIN listed on the primary ownership document, unless it has been determined by DMV that the vehicle will be titled using a different VIN.
(7) On the TOD form, any change to the information regarding date of sale/date security agreement or contract signed, the name of each owner of the vehicle, the name and address of each security interest holder and their priority of interest if not holding jointly, the VIN and the name of the person submitting the form for the security interest holder, must be either initialed by the person submitting the form; or explained in a letter signed by the person submitting the form. This is not a requirement for correction of a misspelled name or misspelled address, or correction of a non-sequential portion of the VIN.
(8) No additions, deletions or corrections to the TOD will be accepted after DMV has marked the TOD as received.
(9) If the security interest holder, or person who originally submitted the TOD, wants to change the information on a TOD after DMV has marked the TOD as received, that person may submit a new TOD reflecting the change. If they do this:
(a) The previously submitted TOD shall be invalidated;
(b) The date the subsequent TOD is received, unless that document is also subsequently invalidated, shall be used for determining when requirements for perfection have been met; and
(c) The security interest holder or person who submitted the original TOD must submit a notice withdrawing the TOD, as provided in OAR 735-020-0030.
(10) If a TOD is invalidated, that same form may not be used as a TOD to make a subsequent application for perfection of a security interest.
(11) If DMV is in possession of the primary ownership document the requirement that the primary ownership document be submitted within 90 days from the date of sale, or if no sale, within 90 days of the date the security agreement or contract is signed, shall not be considered to have been met unless:
(a) DMV is provided with information sufficient to locate the primary ownership document; and
(b) DMV is able to connect the TOD and primary ownership document before DMV issues title for the vehicle.
(12) An invalidated TOD shall not be acceptable as either evidence of ownership or application for notation of a security interest.
Stat. Auth.: ORS 184.616, 184.619, 801.402, 802.010, 803.097, Ch. 261, OL 2005
Stats. Implemented: ORS 801.402 & 803.097
Hist.: MV 18-1988, f. & cert. ef. 6-1-88; MV 20-1989, f. & cert. ef. 10-3-89; MV 9-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 11-1996, f. & cert. ef. 12-20-96; DMV 5-2000, f. & cert. ef. 8-10-00; DMV 19-2005, f. 9-19-05, cert. ef. 10-17-05
735-020-0020
Perfection of a Security Interest -- Application for Notation of a Security Interest
(1) An application for notation of security interest for purposes of perfection of a security interest in a vehicle, hereafter referred to as an "application for security interest" is:
(a) A completed and signed DMV application for Oregon title submitted to DMV;
(b) A letter, a memo, or other written form; or
(c) A transitional ownership document (TOD) submitted to DMV as provided in ORS 801.562, OAR 735-020-0015, and 735-020-0040 through 735-020-0045.
(2) An application for security interest must include the following:
(a) If submitted on an application for Oregon title as described in subsection (1)(a) of this rule:
(A) The name of each owner of the vehicle;
(B) The name and address of the security interest holder; and
(C) The vehicle identification number (VIN).
(b) If the application for security interest is a TOD as described in subsection (1)(c) of this rule, the TOD must comply with all applicable provisions of ORS 801.562, OAR 735-020-0015, 735-020-0040 and 735-020-0045.
(3) If the application for security interest is submitted on an application for Oregon title, the application must be accompanied by a primary ownership document unless DMV is in possession of the primary ownership document or the primary ownership document will be submitted separately, and the applicant provides the following information:
(a) A description of the vehicle, including VIN number, sufficient to connect the application for security interest and the primary ownership document;
(b) A statement that the primary ownership document is in the possession of DMV or will be submitted to DMV separate from the application for security interest;
(c) The date the primary ownership document was submitted or will be submitted to DMV; and
(d) If DMV has possession of the primary ownership document, the DMV office where it was submitted. If the primary ownership document will be submitted at a later date, it must be mailed to DMV Headquarters, 1905 Lana Avenue NE, Salem, OR 97314 or submitted to an EVR integrator.
(4) If an application for security interest is a TOD, the provisions of ORS 801.562, OAR 735-020-0015, 735-020-0030, and 735-020-0040 through 735-020-0045 will determine when and if security interest is perfected.
(5) When the notation application is in any form other than a TOD, the date DMV or an EVR integrator has both an application for security interest that meets the requirements of this rule and the primary ownership document will determine when all requirements for perfection have been met:
(a) Except as provided in subsection (c) of this section, when the application for security interest and primary ownership document are submitted separately, the date when both the application and the primary ownership document are in the possession of DMV or the EVR integrator will determine the date the application for security interest is first received;
(b) When an application for security interest is accepted by an agent of DMV, the date the application is first received will be the date DMV or an EVR integrator and not the agent, receives both the application and primary ownership document; and
(c) If the application for security interest does not contain the information required under subsection (2)(a) of this rule, or if the application or primary ownership document is returned to the applicant or agent by DMV or an EVR integrator, the date marked on the application or entered in the DMV vehicle record as the date it was first received, is not the date of perfection of the security interest. The DMV vehicle record will indicate the date when all requirements for notation of a security interest are again received by DMV or an EVR integrator.
(6) For purposes of perfecting a security interest in a vehicle, when DMV or an EVR integrator first receives an application for security interest as set forth in section (5) of this rule:
(a) The date will be marked on the application for security interest; or
(b) DMV will indicate in the vehicle record the date the application for security interest was first received by DMV.
(7) DMV will only change a date described under section (5) of this rule if DMV determines the date marked on the application or recorded in the DMV vehicle record does not accurately reflect the date the application for security interest was first received by DMV or the EVR integrator.
Stat. Auth.: ORS 184.616, 184.619, 802.600 & 803.097
Stats. Implemented: ORS 801.402, 801.465, 801.562, 802.600, 803.097 & 803.130 - 803.138
Hist.: MV 2-1988, f. & cert. ef. 1-7-88; Administrative Renumbering 3-1988, Renumbered from 735-110-0520; MV 18-1988, f. & cert. ef. 6-1-88; MV 20-1989, f. & cert. ef. 10-3-89; MV 9-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 6-2004, f. & cert. ef. 5-24-04
735-020-0030
Perfection of a Security Interest -- Withdrawal of Transitional Ownership Document Required
(1) If an application for title, along with the primary ownership document, will be submitted to Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) within 90 days of the date of the vehicle's sale or the signing of a security agreement or contract, the security interest holder or person who submitted the TOD to DMV must immediately submit a notice withdrawing the TOD when:
(a) Submitting a subsequent TOD for the vehicle, as provided in OAR 735-020-0015; or
(b) The security interest holder's security interest in the vehicle is released before the vehicle title is issued.
(2) The notice withdrawing the TOD must be in writing and contain the following:
(a) A statement requesting that the TOD previously submitted be withdrawn;
(b) The name and signature of the security interest holder or the person who submitted the TOD on behalf of the security interest holder; and
(c) Information sufficient for DMV to locate and identify the TOD, such as:
(A) The vehicle identification number;
(B) The name of each registered owner; and
(C) The name and address of the security interest holder.
Stat. Auth.: ORS 184.616, ORS 184.619, ORS 803.092, ORS 803.094, ORS 803.097 & ORS 803.136
Stats. Implemented: ORS 803.130 - ORS 803.138
Hist.: MV 18-1988, f. & cert. ef. 6-1-88; MV 10-1989, f. & cert. ef. 10-3-89; DMV 5-2000, f. & cert. ef. 8-10-00
735-020-0040
Perfection of a Security Interest -- Transitional Ownership Document Fees
All of the following apply to fees required for a transitional ownership document (TOD):
(1) Persons who choose to submit TODs to the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) by facsimile device shall establish an account with DMV for the purpose of paying for TODs. Accounts established for this purpose shall:
(a) Be subject to the provisions of OAR 735-010-0020;
(b) Be separate from and in addition to any other account the person may establish with DMV; and
(c) Only be used for charges involving fees required for the submission of TODs which are sent to DMV by a facsimile device.
(2) Persons submitting a TOD by facsimile shall include on the TOD or transmittal the number of the account to be charged. Failure to do so may result in the TOD being rejected, returned or otherwise invalidated.
(3) The account number provided must be an account that is in the name of the person submitting the TOD.
(4) If an incorrect or invalid account number is provided, DMV may reject, return or otherwise invalidate the TOD.
(5) If DMV determines the account number provided is delinquent at the time the TOD is received, the TOD shall be rejected, returned or otherwise invalidated.
(6) Except as provided in section (1) of this rule, the fee required for a TOD shall be submitted with the TOD. Failure to comply or submission of less than the full fee required by law shall result in the TOD being rejected, returned or otherwise invalidated.
(7) Where a single payment (e.g., one check or money order) is submitted to cover multiple transactions and there is insufficient payment to cover all of the transactions, DMV shall apply the money as follows:
(a) Due to the time limits for filing TODs, DMV shall apply what money is available to any TODs submitted with that payment, before applying any of the payment to other types of transactions submitted with the payment;
(b) The TODs will be processed in the normal order of business, with no preference given to applying payment to any particular TOD; and
(c) If there is insufficient payment to pay for all TODs submitted, those not covered or not fully covered shall be rejected, returned or otherwise invalidated.
(8) Any fees received by DMV for a TOD shall be retained if the TOD has been marked as received by DMV, regardless of whether the TOD is subsequently invalidated.
Stat. Auth.: ORS 802.010 & Ch. 148 & 927, OL 1989
Stats. Implemented: ORS 803.130 - ORS 803.138
Hist.: MV 20-1989, f. & cert. ef. 10-3-89
735-020-0045
Form of Titles and Ownership Records
Notwithstanding provisions of law that allow for titles in a form other than a certificate of title, except as otherwise provided by rule:
(1) All Oregon titles and salvage titles shall be issued in the form of a certificate of title.
(2) Primary ownership record, as defined in ORS 801.402, shall be in the form of a document as provided in OAR 735-020-0010 through 735-020-0030.
(3) Transitional ownership record, as defined in ORS 801.562, shall be in the form of a document as provided in OAR 735-020-0015 through OAR 735-020-0040.
Stat. Auth.: ORS 184.616, ORS 801.402, ORS 801.562 & Ch. 233, OL 1993
Stats. Implemented: ORS 803.012
Hist.: MV 9-1993, f. 10-22-93, cert. ef. 11-4-93
735-020-0050
General Provisions Relating to Late Title Presentation Fees
All of the following apply to late title presentation fees as provided in ORS 803.105, and as used in OAR 735-020-0050 through OAR 735-020-0060:
(1) Late title presentation fees shall not apply to persons who are not residents of this state, and who normally would not be subject to Oregon title transfer requirements, but who need to apply for an Oregon title before they can apply for title in the state in which they reside. For example where:
(a) A duplicate and transfer of an Oregon title must be obtained before the owner can apply for title in their home state; or
(b) Vehicle ownership has been acquired through transfer by operation of law in Oregon, (e.g. sheriff sale on abandoned vehicle) and the owner must obtain an Oregon title before title can be obtained in the owner's home state.
(2) "Vehicle documents" required to be delivered or presented to DMV to avoid payment of late title presentation fees mean -- The current certificate of title, manufacturer's certificate of origin (MCO) or equivalent MCO, or other documents determined by the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) to be primary ownership documents as established in OAR 735-020-0010.
(3) The term "sale" means any transfer of the ownership interest in a vehicle from one owner to another for a consideration of value.
(4) Except as otherwise provided in this section, DMV shall consider a sale of a vehicle to have occurred any time there is a change in the owner as reflected on an Oregon title or title record. The term owner shall be as is defined in ORS 801.375. DMV shall not consider a sale to have occurred when:
(a) At least one of the owners reflected on the title is to remain on the new title as an owner;
(b) The transfer involves a change in the lessee where the lessor is remaining the same or where the lessor is to be shown as the owner on the new title;
(c) The transfer involves the repossession of the vehicle by the security interest holder, and the security interest holder is to be shown as the owner on the new title;
(d) The transfer in ownership is changing due to a court order where the court actually awards ownership of the vehicle;
(e) The transfer involves an inheritance where the person who is to be shown as the owner on the new title inherited the vehicle; or
(f) Any other transfer has occurred where DMV is provided with satisfactory documentation that the person to be shown as owner on the new title did not acquire their interest through the sale of the vehicle.
(5) All of the following apply to sale dates:
(a) DMV shall consider a release date or reassignment date on vehicle documents delivered or presented to DMV to be the sale date unless documentation satisfactory to DMV is presented; and
(b) Where there are conflicting release or assignment dates, no dates, or where the applicant indicates the date(s) shown does not reflect the actual date of sale, DMV may require additional documentation. Such documentation may include:
(A) Bills of sale, invoices or other documents that contain a sufficient description of the vehicle for DMV to identify it, and which reflect the date of sale;
(B) Written verification from the seller as to the date of sale; or
(C) A certification from the applicant.
(6) For purposes of computing time periods for late title presentation fees, the following shall apply:
(a) The first day (e.g., date of sale) shall be excluded;
(b) The last day (e.g., 30th or 60th day) shall be included; and
(c) If the last day falls on a Saturday, Sunday, or legal holiday observed by DMV, the last day shall be considered to be the next day DMV headquarters office is open for business.
Stat. Auth.: ORS 802.010, ORS 803.105 & Ch. 148 & 452, OL 1989
Stats. Implemented: ORS 803.105
Hist.: MV 21-1989, f. & cert. ef. 10-3-89
735-020-0060
Delivery of Vehicle Documents, Good Faith Effort and Circumstances Beyond Person's Control
(1) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) shall consider vehicle documents (primary ownership documents) delivered to DMV on the date the vehicle documents along with all title application requirements and fees are:
(a) Presented in person at a DMV office; or
(b) Mailed to DMV as evidenced by the postmark date:
(A) If there is more than one postmark date, the earliest date shall be used; and
(B) If there is no postmark date, or if it is not legible, the date received shall be determined as two days before the application was delivered to DMV.
(2) DMV shall consider a person to have made a "good faith effort" to deliver the primary ownership document to DMV within 30 days of sale, if the applicant:
(a) Presents the primary ownership document to DMV within 30 days of sale, whether or not all requirements for title are present;
(b) Submits application for title within 30 days of sale to a designated dealer from whom they purchased the vehicle; or
(c) Complies with subsection (a) or (b) of this section within 30 days from the day it is within their control to do so. This subsection only applies when failure to submit vehicle documents is due to circumstances beyond the person's control as established in section (3) of this rule.
(3) DMV shall consider failure to deliver documents to be beyond the control of the applicant only when:
(a) The person did not have possession of the primary ownership document;
(b) The person became physically or mentally incapacitated following the purchase of the vehicle, directly preventing or making it impractical for the person to meet requirements for delivery of docu-ments; or
(c) The person delivered the documents or made a good faith effort to deliver documents within 30 days of the date it first became within their control to do so.
(4) Examples of situations DMV shall consider to be beyond a person's control include but shall not be limited to where:
(a) An applicant is involved in an automobile accident immediately following the purchase of the vehicle resulting in an extended hospital stay;
(b) An applicant suffers from a debilitating illness, condition or occurrence that prevents them from conducting business for an extended time period following vehicle purchase; or
(c) The vehicle is purchased from a dealer who fails to provide the purchaser with the primary ownership document.
(5) Examples of situations DMV would not consider to be beyond a person's control include but shall not be limited to situations where the:
(a) Applicant purchases a vehicle from a certified dealer and the dealer provides the primary ownership document to the purchaser within 25 days of the sale;
(b) Applicant purchases a vehicle from someone other than a certified dealer, and:
(A) The seller provides the applicant with the primary ownership document within 25 days of the sale;
(B) The seller fails to provide the applicant with the primary ownership document, but the delay was due to action or inaction on the part of the applicant, such as failure to make payment or to arrange for financing; or
(C) The applicant made no attempt to obtain the primary ownership document from the seller.
(c) Applicant sustained minor injury, or incurred a short-term hospital stay which did not directly affect their ability to conduct business or to otherwise comply with requirements for delivery of documents; or
(d) Applicant met requirements of subsections (3)(a) and (b) of this rule but failed to comply with section (3)(c) of this rule.
(6) An applicant who meets the requirements of subsections (3)(a) and (b) of this rule, but fails to comply with subsection (3)(c) of this rule shall become subject to the requirements for delivery of vehicle documents from the date it first becomes within their control to deliver the primary ownership document or to make a good faith effort. If they fail to deliver the primary ownership document or make a good faith effort:
(a) Within 30 days from that date they shall be subject to the $25 fee; and
(b) Within 60 days from that date, they shall be subject to the $50 fee.
(7) Should DMV decide to return or reject primary ownership documents delivered under section (2) of this rule, or which have subsequently been submitted to DMV by a dealer, this shall not void the good faith effort:
(a) DMV shall mark the primary ownership documents to indicate the date they were presented to DMV; and
(b) Upon subsequent application for title, it shall be the applicant's responsibility to provide the dated documents as proof of the good faith effort. If they fail to do so, and there is no other evidence that a good faith effort was made, any applicable late presentation fees shall be due.
Stat. Auth.: ORS 802.010, ORS 803.105 & Ch. 148 & 452, OL 1989
Stats. Implemented: ORS 803.105
Hist.: MV 21-1989, f. & cert. ef. 10-3-89
735-020-0070
Junk Titles
(1) Pursuant to ORS 803.045, DMV will not issue an Oregon title or salvage title for a vehicle that has been issued a junk title, junk certificate, or similar ownership document, or junk or similar brand or notation that includes a word, term, brand or notation including but not limited to the following:
(a) Destroyed;
(b) Dismantled or Dismantler only;
(c) Hulk;
(d) Junk;
(e) Non-rebuildable;
(f) Non-repairable;
(g) Parts only;
(h) Scrap; or
(i) Wreck or Wrecker only.
(2) A designation as described in section (1) of this rule is based strictly on a determination made by another jurisdiction, as reflected on the current title or other ownership document issued by that jurisdiction.
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 803.045
Stat. Implemented: ORS 803.045
Hist.: DMV 31-2003(Temp), f. 12-15-03, cert. ef. 1-1-04 thru 6-28-04; DMV 7-2004, f. & cert. ef. 5-24-04; DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06
735-020-0075
Release or Assignment of Interest; Oregon Title or Salvage Title
Authority and Purpose. This rule specifies the requirements for the release or assignment of interest shown on an Oregon-titled vehicle as required by ORS 803.094.
(1) Definitions. For purposes of ORS 803.094 and this rule:
(a) "Affiant" means the person who signs a small estate affidavit filed under ORS 114.515;
(b) "Assign," "assignment" or "assignment of interest" means the act of a lien holder, owner, or security interest holder transferring his or her interest in a vehicle to another person by signing the release section on an Oregon title, a secure odometer form, a bill of sale, or other document showing the transfer of the interest;
(c) "Authorized agent" means a person given a power of attorney by the owner of a vehicle for the purposes of transferring an interest in the vehicle;
(d) "DMV" means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation;
(e) "Estate" means the real and personal property of a decedent;
(f) "Heir" means the person who is entitled under intestate succession to the property of a decedent who died wholly or partially intestate (without a will);
(g) "Interest" means a right, claim or legal share in a vehicle shown on an Oregon title, or other ownership document described in subsection (k) of this section;
(h) "Interest holder" means a lien holder, owner, or security interest holder;
(i) "MCO" means a Manufacturer's Certificate of Origin;
(j) "Operation of law" means a transfer or assignment of interest in a vehicle from one person to another person due to death, divorce, merger, consolidation, dissolution, bankruptcy, inheritance, devise or bequest, court order, dissolution decree, insolvency, seizure or foreclosure;
(k) "Other ownership document" means a primary ownership document as described in OAR 735-020-0010. For example, MCO, a sheriff's bill of sale, a court judgment or a completed signed Certification of Ownership Facts (DMV Form 735-550);
(l) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or a legal or commercial entity;
(m) "Release" or "release of interest" means the act of a lien holder, owner, or security interest holder transferring an interest in a vehicle by signing the release section on an Oregon title, a secure odometer form, a bill of sale, or other document showing the transfer of the interest. For purposes of these rules, transferring includes release, termination, assignment or transfer of an interest;
(n) "Representative," "authorized agency representative" or "personal representative" means a personal representing agent, government official, receiver, trustee, executor, administrator, or other representative with lawful right or authority to transfer an interest in a vehicle on behalf of the owner or by operation of law;
(o) "Title" means an Oregon certificate of title, Oregon salvage title, other ownership document or electronic equivalent issued by DMV, as evidence of ownership interest in a vehicle recorded in DMV's records;
(p) "Transferee" means a person to whom an interest in a vehicle is transferred, including but not limited to a purchaser of the vehicle;
(q) "Transferor" means any person who transfers an interest in a vehicle.
(r) "VIN" means vehicle identification number.
(2) General Requirements. Except as provided in section (6) of this rule, upon transferring an interest in an Oregon-titled vehicle, any person whose interest is released, terminated, assigned or transferred, or the person's representative, must release or assign that interest in writing. A release or assignment document must include the following:
(a) For the vehicle subject to the transfer, the make, model year, license plate number (if available) and VIN;
(b) The full name and signature of the transferor(s), or the transferor's representative;
(c) If available, the date the interest in the vehicle was released or assigned; and
(d) A statement or other indicator in the document that the vehicle was sold, ownership was transferred or released, or any interest, including a lien or security interest, was assigned, released, terminated or transferred.
(3) Although not required, a release or assignment document should include the name of the transferee.
(4) DMV will accept the following as a release or assignment document:
(a) The current title issued for the vehicle with the release/assignment section completed by the transferor(s) or the transferor(s) authorized agent;
(b) The vehicle's MCO with the release section completed by the dealer.
(c) A completed odometer disclosure that meets the requirements of ORS 803.120, 803.122 and OAR 735-028-0050; or
(d) A bill of sale or other document that meets the requirements of section (2) of this rule.
(5) Additional Requirements. In addition to the requirements of section (2) of this rule, a release or assignment of interest for a vehicle with a salvage title must comply with OAR 735-024-0170.
(6) Operation of Law. In addition to other applicable requirements of this rule, if an interest in a vehicle is transferred by operation of law as described in this section, a representative, an authorized agency representative, personal representative, heir, affiant, security interest holder, or lien claimant must release or assign the interest in the vehicle as follows:
(a) Transfer of Interest upon Death. The personal representative of an estate must sign the release or assignment document unless DMV receives:
(A) If the owner of the vehicle died intestate, an Inheritance Affidavit (DMV Form 735-516) signed by all of the heirs; or
(B) A Small Estate Certification (DMV Form 735-6797) signed by the affiant;
(b) Vehicle Repossession. The security interest holder or representative of the security interest holder must sign a Vehicle Repossession Certificate (DMV Form 735-263).
(c) Possessory Lien Foreclosure. A lien claimant must fulfill all legal requirements to foreclose a possessory lien on the vehicle and sign a certificate of possessory lien foreclosure form as specified in OAR 735-020-0012.
(d) Government Agency. A government agency may transfer interest in a vehicle in its custody, if it complies with relevant legal requirements and, at the time of transfer, provides the transferee a certificate of sale, bill of sale or similar document that contains:
(A) A citation of the legal authority authorizing the government agency to transfer or assign interest in the vehicle;
(B) The make, model, year and VIN of the vehicle subject to the transfer; and
(C) The full name and signature of an authorized agency representative.
(7) A person who assigns or releases a partial interest in a vehicle but will remain on the vehicle title as an owner, does not need to complete an assignment or release document. However, the person must acknowledge that the addition of a new owner on the title is authorized by signing:
(a) A title application that lists the additional owner; or
(b) A written document that identifies and permits the addition of the additional owner on the title.
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 803.094
Stats. Implemented: ORS 803.015 & 803.094
Hist.: DMV 11-2007, f. & cert. ef. 11-30-07
735-020-0080
Notice of Transfer of Interest in a Vehicle
(1) This rule specifies the requirements for a notice of transfer of interest in a vehicle covered by an Oregon title, under ORS 803.112 and 803.117, and when DMV will provide a receipt that the notice has been submitted.
(2) Notice submitted under ORS 803.112 and 803.117 must contain the following information:
(a) The vehicle identification number (VIN);
(b) The vehicle registration plate number;
(c) The full name of the person who transferred an interest in the vehicle (seller/transferor); and
(d) The full name of the transferee (new owner/buyer).
(3) Notice meeting the requirements of section (2) of this rule must be submitted to DMV:
(a) In writing, and includes a Notice of Sale or Transfer of a Vehicle form (DMV Form 6890), a completed seller notice on the back of the vehicle's registration card or any other written document that contains the required information. Written notice may be delivered to any DMV office or mailed to DMV Headquarters; or
(b) Electronically, using DMV's online Notice of Sale or Transfer form as set forth in OAR 735-018-0120.
(4) At DMV's discretion, notice meeting the requirements of section (2) of this rule may be faxed or submitted by telephone.
(5) For purposes of ORS 803.112, notice meeting the requirements of sections (2) and (3) of this rule must be submitted within 10 days of the date of a transfer of interest in the vehicle.
(6) DMV will provide a receipt showing a notice as described in sections (2) and (3) of this rule has been submitted to DMV:
(a) At the request of a person who submits the notice in-person at a DMV field office,
(b) Electronically, if the notice is submitted as set forth in OAR 735-018-0120 and the electronic submission is successfully completed.
(7) DMV will not provide a receipt showing a notice as described in sections (2) and (3) of this rule has been submitted to DMV, if the notice is mailed or faxed to DMV or submitted to DMV by telephone.
Stat. Auth.: ORS 184.616, 184.619, 803.112, 803.113, 803.117 & ch 579, OL 2009
Stat. Implemented: ORS 803.112, 803.113, 803.117 & ch 579, OL 2009
Hist.: DMV 27-2003(Temp), f. 12-15-03 cert. ef. 1-1-04 thru 6-28-04; DMV 12-2004, f. & cert. ef. 6-24-04; DMV 21-2009, f. 12-22-09, cert. ef. 1-1-10
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