Or. Admin. Code § 735-026-0010

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

Section 735-026-0010 - Requirements for Obtaining Replacement Title with Transfer

All of the following apply to the process of transferring any interest when obtaining a replacement title as provided in ORS 803.065(2):

(1) Except as otherwise provided in this rule, all of the provisions of OAR 735-026-0000 apply to the process of transferring any interest when obtaining a replacement title.

(2) No replacement title with transfer shall be issued except as otherwise provided in this rule. An application for replacement title with transfer provided for in this rule need not include an odometer disclosure.

(3) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) may accept an application for replacement title with transfer of interest:

(a) For any vehicle exempt from odometer disclosure requirements by ORS 803.102 or by administrative rule;

(b) When the transfer is by operation of law;

(c) When the transfer is due solely to the creation, release or assignment of a security interest;

(d) When the transfer involves only the removal or addition of co-owners where at least one owner remains the same; or

(e) When the transfer of interest occurred before June 22, 1992. An Oregon dealer who receives an application for replacement title where the transfer occurred before June 22, 1992 shall:

(A) Apply for a replacement title on behalf of the owner;

(B) Apply for a replacement title and transfer of title into the name of the dealer's retail customer when the vehicle is sold; or

(C) Obtain title in the name of the dealer if the vehicle is sold to another dealer on or after June 22, 1992.

(f) When a lessor recorded on the Oregon title is listed as the registered owner on the application for transfer.

(4) The application for replacement title and transfer shall be in writing on a form or forms provided by DMV or other form acceptable to DMV.

(5) An application for replacement title submitted with an application for transfer as provided in this rule shall be signed by the person or persons required to sign by OAR 735-026-0000(9), except:

(a) If the interest of a security interest holder or lessor required to sign has been satisfied, the application for replacement title shall be signed by the interest holder with the next highest priority;

(b) If the interest of all security interest holders and lessors required to sign have been satisfied, the application shall be signed by all registered owners;

(c) If any or all registered owners have released interest DMV may accept a separate release of interest from the owner in lieu of the owner's signature on the application if DMV receives evidence that the owner of record is no longer available to sign the application. In such cases DMV may require the transferee to provide evidence of attempts to contact the owner.

(6) Information required on the application for transfer 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 owners and lessors of the vehicle and all security interest holders in order of priority; and

(c) The signature of at least one of the owners of the vehicle, except:

(A) If the transfer is due solely to the assignment of a security interest, only the security interest holder to whom interest is assigned must sign the application for transfer;

(B) If there are both a security interest holder and a lessor, all lessors and at least one owner must sign the application.

(7) The application shall be accompanied by a release of interest from every person shown to have an interest in the vehicle on the certificate of title who no longer has an interest in the vehicle. A release may also be required from any other person DMV has reason to believe has an interest in the vehicle, whose name is not shown on the application for transfer.

(8) A release of interest may be any evidence satisfactory to DMV that the person no longer has an interest in the vehicle. Acceptable releases of interest include, but shall not be limited to:

(a) Assignment of interest on odometer disclosure and assignment forms;

(b) Bills of sale;

(c) Statements of lien satisfaction;

(d) Statements of lease termination; or

(e) Releasing signatures on the application for transfer.

(9) DMV may require a statement of fact or affidavit to establish ownership from any person it has reason to believe may have an interest in the vehicle, for the purpose of determining if the person has an interest in the vehicle.

(10) In addition to the fee for a replacement title, the application for a replacement title with transfer shall be accompanied by the fee for transfer established under ORS 803.090.

Or. Admin. Code § 735-026-0010

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