Md. Code Regs. 11.15.14.08

Current through Register Vol. 51, No. 25, December 13, 2024

Section 11.15.14.08 - Vehicles Being Titled Because of Mechanic's Lien

A. An applicant for a certificate of title for a vehicle being titled due to a mechanic's lien shall provide the Administration with:

(1) A completed application for a certificate of title;

(2) A certification by the garage owner, or the person having the lien, and the auctioneer, including the odometer disclosure as required by COMAR 11.13.06, on a form provided by the Administration, that the auction was held in compliance with Commercial Law Article, Title 16, Annotated Code of Maryland;

(3) A digital photograph of the VIN;

(4) A certification that a newspaper advertisement has run once a week for the 2 consecutive weeks immediately preceding the sale, in a newspaper of general circulation in the county or city where the vehicle was repaired or originally stored, with the last advertisement appearing the week immediately preceding the sale;

(5) A copy of the newspaper advertisement required by §A(4) of this regulation;

(6) A storage or repair order as specified in Commercial Law Article, § 14-1008, Annotated Code of Maryland, containing an affirmative request by the vehicle owner for the repair services or storage services requested or, if applicable, a written statement from the lienor that the lienor stored the vehicle in accordance with an agreement with an insurer;

(7) Signed receipts for a certified or registered letter in a format prescribed by the Administration sent to the individual who left the vehicle for repairs, the vehicle owner, the lien holder, and the MVA or the unopened, undeliverable certified or registered letter or letters; and

(8) The national vehicle history report.

B. The Administration shall refuse to issue a certificate of title if:

(1) The required documents or information are not furnished or are incomplete;

(2) The address on the returned, unopened certified or registered letter or letters sent to the vehicle owner, individual who left the vehicle for repairs, or lien holder is different from the Administration's most current records;

(3) The receipt for the certified or registered letter sent to the owner, lien holder, or individual who left the vehicle for repairs was signed by someone other than the person to whom the letter was addressed;

(4) The provided national vehicle history report shows that the vehicle was stolen and the reporting police agency has not issued a recover report;

(5) There is a discrepancy or alteration in the paperwork and the letter of explanation or certified statements do not clarify the discrepancy to the satisfaction of the Administration;

(6) The signatures on the submitted documents or the application are signed by an individual to whom power of attorney is granted and the writing granting the power of attorney is not furnished;

(7) A notarized bill of sale is not submitted and the customer refuses to pay the excise tax on the greater of the book value or the purchase price;

(8) The digital photograph VIN is illegible;

(9) The vehicle was not advertised in a newspaper as specified in §A(4) of this regulation;

(10) The vehicle description by year, make, and VIN in the newspaper advertisement is different than in the supporting documents furnished;

(11) The newspaper advertisement does not contain the time, date, place of auction, and description of the vehicle by year, make, and VIN;

(12) The vehicle was previously salvaged in this State or another state and the applicant fails to furnish a certification by a police officer in this State who is authorized to inspect salvage vehicles;

(13) The vehicle was previously salvaged in this State or another state, with a brand reflecting "Not Rebuildable-Parts Only-Not To Be Retitled" or an equivalent brand; or

(14) The Administration has been notified that action in accordance with Commercial Law Article, § 16-206, Annotated Code of Maryland, is being taken and that the Administration has received notification of the action before the close of the business day following the action.

Md. Code Regs. 11.15.14.08

Regulations .08 amended effective 42:25 Md. R. 1545, eff.12/21/2015