Ariz. Admin. Code § 17-5-407

Current through Register Vol. 30, No. 45, November 8, 2024

Section R17-5-407 - Motor Vehicle Repossession

A. The Department shall not transfer a title when the ownership of a motor vehicle titled in this state or another state reverts through operation of state law to a lienholder of record through repossession unless the following conditions are met:

1. The motor vehicle is physically located in this state;

2. A notice of lien is filed with the Department;

3. A completed affidavit from the lienholder is submitted to the Department stating that the motor vehicle is physically located in this state and was repossessed on default pursuant to the terms of the lien and applicable law and that this state, its agencies, employees, and agents shall not be held liable for relying on the contents of the affidavit; and

4. In addition to the information required in subsection (A)(3), the affidavit contains the following information:

a. The VIN,

b. The vehicle model year,

c. The vehicle make,

d. The registered owner's name,

e. The date of repossession,

f. The state in which the vehicle is titled,

g. The lienholder company name,

h. The lienholder agent or representative name,

i. The lienholder signature, and

j. The notary or Department agent signature.

B. The Department shall accept out-of-state affidavits of repossession that comply with the requirements in subsections (A)(3), (A)(4), and subsection (C) if all of the following apply:

1. The affidavit is submitted by an Arizona licensed dealer, and

2. The Arizona licensed dealer is transferring the title into the dealership's name.

C. A lienholder may sell a repossessed motor vehicle without transferring the title into the lienholder's name by completing a Bill of Sale for submission to the Department. The Bill of Sale may be combined with the affidavit of repossession and shall contain the following information:

1. The buyer's name;

2. The sale date;

3. The buyer's street address, including the city, state, and zip code;

4. The name of the new lienholder, if applicable;

5. The new lien date, if applicable;

6. The odometer certification statement, if required by A.R.S. § 28-2058, including odometer reading, and an acknowledgment with the buyer's name and signature ;

7. A statement that the buyer is aware of the odometer certification made by the seller;

8. The seller's name;

9. The seller's notarized signature; and

10. The seller's address, including city, state, and zip code.

D. A completed repossession affidavit as prescribed in this Section is proof of ownership, right of possession, and right of transfer.

E. The Department has no responsibility relating to foreclosure on real property under A.R.S Title 33, Chapter 7.

Ariz. Admin. Code § R17-5-407

New Section recodified from R17-4-260at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 10 A.A.R. 3399, effective October 2, 2004 (Supp. 04-3). Amended by final rulemaking at 23 A.A.R. 1434, effective 7/4/2017.