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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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DEPARTMENT OF TRANSPORTATION,
DRIVER AND MOTOR VEHICLE SERVICES DIVISION

 

DIVISION 26

DUPLICATE/REPLACEMENT TITLES

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.

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
Hist.: 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

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.

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
Hist.: MV 7-1992, f. 6-18-92, cert. ef. 6-22-92; MV 18-1992, f. 12-21-92, cert. ef. 1-1-93

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