Or. Admin. Code § 735-026-0000

Current through Register Vol. 63, No. 12, December 1, 2024

Section 735-026-0000 - Requirements for Obtaining Replacement Title

All of the following apply to the process of obtaining a replacement title from the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) under ORS 803.065:

(1) A replacement title issued by DMV shall reflect all ownership interests recorded on the original certificate of title. No changes of ownership, names of interest holders or vehicle description shall be reflected on the replacement title, except:

(a) To correct information incorrectly recorded on the title; or

(b) To reflect changes to the vehicle since the title was issued, including the addition of brands such as "totaled,""assembled,""previous damage" or other brands required by statute or rule.

(2) A replacement title with transfer of interest may be issued as provided in OAR 735-026-0010.

(3) No replacement title shall be issued if the certificate of title is required to be surrendered under ORS Chapter 819. This section does not preclude:

(a) An application for replacement title submitted in support of an application for salvage title; or

(b) An application for replacement title submitted to comply with salvage procedures under ORS Chapter 819.

(4) A replacement title may be issued only if the certificate of title is lost, destroyed or mutilated.

(5) "Lost" means the whereabouts of the certificate of title is unknown and that, to the best of the owner's or person's knowledge who is required to attest to the disposition of the certificate of title, the title is not in the possession of another party.

(6) A stolen certificate of title shall be considered "lost" only if the certificate is physically taken by a party with no possible ownership interest in the vehicle:

(a) Situations where the certificate may be considered lost include, but shall not be limited to, the certificate of title being taken in a burglary, robbery or theft;

(b) Situations where the certificate shall not be considered lost include, but shall not be limited to, the certificate being taken due to a domestic dispute, or the certificate being given to a purchaser who later reneged on payment, including paying with a check which the bank would not cash.

(7) "Destroyed" means the certificate of title no longer exists. "Destroyed" does not include surrender of the title to DMV or other jurisdiction.

(8) "Mutilated" means the certificate of title is damaged (e.g., torn in half), or the vehicle description, title brand information or ownership information printed on the title when issued has been altered in a manner that could cause someone to believe the title was issued differently than it was. "Mutilated" does not include alterations or errors made in the assignment of title. This section does not preclude issuance of a replacement title if an interest holder released on the title in error and no assignment of interest was completed and no interests were transferred.

(9) Only the person or persons to whom DMV was required to deliver the certificate of title may apply for a replacement title. DMV shall accept an application for replacement title only if it is signed by:

(a) The primary security interest holder, if one was recorded on the certificate of title;

(b) All joint security interest holders, if joint security interest holders are recorded on the certificate of title;

(c) Every lessor, if there is a lessor, and there is no security interest holder; or

(d) Every registered owner, if there is no security interest holder or lessor.

(10) The application for replacement title shall be in writing on a form(s) furnished by DMV or other form(s) acceptable to DMV.

(11) Information required on the application shall include, but shall not be limited to:

(a) Information sufficient for DMV to identify the vehicle and to locate the current record, such as the vehicle make, year model, vehicle identification number and registration plate number;

(b) The names and addresses of all interest holders in the vehicle. If ownership of the vehicle has been transferred and the owner of record agrees, DMV may deliver the title to the transferee. In such cases, the name and address of the transferee shall be shown on the application as the owner's mailing address;

(c) A certification as to the disposition of the certificate of title (e.g., whether it was lost, destroyed or mutilated). If the person entitled to apply has no knowledge of the disposition of the title, the person with such knowledge shall make the certification;

(d) The signature of the person(s) entitled to apply. If the applicant is a financial institution, "signature" shall include the name of the institution, the signature of an authorized representative and evidence to satisfy DMV that the applicant is the financial institution named on the certificate of title. Such evidence may include, but shall not be limited to, a unique line stamp, official letterhead or other similar device. DMV may, but shall not be required to, independently verify that the financial institution named on the certificate of title is the applicant for replacement title.

(12) DMV may require additional evidence of ownership, disposition of the certificate of title or the identity of the applicant if:

(a) DMV has any reason to believe there may be a dispute of ownership of the vehicle;

(b) DMV has any reason to believe the certificate of title may not be lost, destroyed or mutilated; or

(c) DMV has any reason to believe the applicant may not be the person entitled to apply for a replacement title.

(13) The application shall be accompanied by the fee for a replacement title established under ORS 803.090.

Or. Admin. Code § 735-026-0000

MV 1-1978, f. 5-1-78, ef. 9-1-78; Administrative Renumbering 3-1988, Renumbered from 735-071-0002; MV 7-1992, f. 6-18-92, cert. ef. 6-22-92; MV 18-1992, f. 12-21-92, cert. ef. 1-1-93

Stat. Auth.: ORS 802.010, ORS 802.200, ORS 803.015, ORS 803.045, ORS 803.050, ORS 803.065, ORS 803.092, ORS 803.094, ORS 803.097, ORS 803.102, ORS 803.120, ORS 803.122, ORS 803.124, ORS 803.126, ORS 803.140, ORS 803.207, ORS 803.370, ORS 803.475, ORS 805.120, ORS 821.060, ORS 821.080 & Ch. 873, OL 1991

Stats. Implemented: ORS 803.065