N.J. Admin. Code § 13:21-11A.5

Current through Register Vol. 56, No. 19, October 7, 2024

Section 13:21-11A.5 - Notice of intent to sell and of date, time, place, and manner of sale

(a) Prior to the sale of an abandoned motor vehicle, the motor vehicle repair facility or its authorized representative shall:

1. Obtain the required forms and procedures regarding motor vehicles abandoned at motor vehicle repair facilities by contacting the New Jersey Motor Vehicle Commission, Special Titles-Abandoned Title Unit, 225 East State Street, PO Box 017, Trenton, New Jersey, 08666-0017, or online at www.njmvc.gov.

2. Give the owner or other person having a legal right thereto, the holder of any security interest in the motor vehicle, and the Chief Administrator 30 days notice of the intent to sell the motor vehicle or cause it to be sold; and

3. Give the owner or other person having a legal right thereto and the holder of any security interest in the motor vehicle at least five days' notice of the date, time, place, and manner of the proposed sale.

(b) The notices required by this section shall be sent to the owner or other person having a legal right thereto, and the holder of any security interest in the motor vehicle, as determined through the search procedure set forth at N.J.A.C. 13:21-11A.4.

1. If there is no record of ownership of the motor vehicle on file with the Commission, the notices shall be sent to the owner or other person having a legal right thereto, and the holder of any security interest in the motor vehicle, as determined by the title and lien search performed as follows: the motor vehicle repair facility shall either obtain a title search through the National Motor Vehicle Title Information System (NMVTIS) or obtain a title and lien search from each of the following states: New York, Delaware, Pennsylvania, Connecticut, and Maryland. If a search using NMVTIS results in a record of ownership of the motor vehicle, the motor vehicle repair facility or authorized representative shall contact the state in which the motor vehicle was last titled to verify the owner and any holder of a security interest in the motor vehicle. If a NMVTIS search does not result in a record of ownership of the motor vehicle, the motor vehicle repair facility or authorized representative shall obtain a lien search from each of the following states: New York, Delaware, Pennsylvania, Connecticut, and Maryland.

2. Proof of ownership and the identity of any holder of a security interest required to be notified in accordance with this subchapter, must be certified and issued by the state in which the motor vehicle was last titled. Third-party searches are not acceptable as proof of ownership or as proof of liens.

3. If the Commission has reason to believe that the vehicle may have been titled, registered, or primarily operated in, or registered in, another state, the Commission may also require a motor vehicle repair facility to perform a title and lien search in any state where the abandoned motor vehicle is titled, registered, or primarily operated in, and submit the title and lien search results to the Commission.

N.J. Admin. Code § 13:21-11A.5

Adopted by 53 N.J.R. 1012(a), effective 6/7/2021