Current through Register Vol. 63, No. 9, September 1, 2024
Authority and Purpose. This rule specifies the requirements for
the release or assignment of interest shown on an Oregon-titled vehicle as
required by ORS 803.094.
(1) Definitions. For purposes of ORS
803.094 and this rule:
(a) "Affiant" means the person who signs a
small estate affidavit filed under ORS
114.515;
(b) "Assign," "assignment" or "assignment of
interest" means the act of a lien holder, owner, or security interest holder
transferring his or her interest in a vehicle to another person by signing the
release section on an Oregon title, a secure odometer form, a bill of sale, or
other document showing the transfer of the interest;
(c) "Authorized agent" means a person given a
power of attorney by the owner of a vehicle for the purposes of transferring an
interest in the vehicle;
(d) "DMV"
means the Driver and Motor Vehicle Services Division of the Oregon Department
of Transportation;
(e) "Estate"
means the real and personal property of a decedent;
(f) "Heir" means the person who is entitled
under intestate succession to the property of a decedent who died wholly or
partially intestate (without a will);
(g) "Interest" means a right, claim or legal
share in a vehicle shown on an Oregon title, or other ownership document
described in subsection (k) of this section;
(h) "Interest holder" means a lien holder,
owner, or security interest holder;
(i) "MCO" means either a:
(A) Manufacturer's Certificate of Origin;
or
(B) Manufacturer's Statement of
Origin;
(j) "Operation of
law" means a transfer or assignment of interest in a vehicle from one person to
another person due to death, divorce, merger, consolidation, dissolution,
bankruptcy, inheritance, devise or bequest, court order, dissolution decree,
insolvency, seizure or foreclosure;
(k) "Other ownership document" means a
primary ownership document as described in OAR
735-020-0010. For example, MCO,
a sheriff's bill of sale, a court judgment or a completed signed Certification
of Ownership Facts (DMV Form 735-550);
(l) "Person" means an individual,
corporation, business trust, estate, trust, partnership, limited liability
company, association, joint venture, governmental agency, public corporation or
a legal or commercial entity;
(m)
"Release" or "release of interest" means the act of a lien holder, owner, or
security interest holder transferring an interest in a vehicle by signing the
release section on an Oregon title, a secure odometer form, a bill of sale, or
other document showing the transfer of the interest. For purposes of these
rules, transferring includes release, termination, assignment or transfer of an
interest;
(n) "Representative,"
"authorized agency representative" or "personal representative" means a
personal representing agent, government official, receiver, trustee, executor,
administrator, or other representative with lawful right or authority to
transfer an interest in a vehicle on behalf of the owner or by operation of
law;
(o) "Title" means an Oregon
certificate of title, Oregon salvage title, other ownership document or
electronic equivalent issued by DMV, as evidence of ownership interest in a
vehicle recorded in DMV's records;
(p) "Transferee" means a person to whom an
interest in a vehicle is transferred, including but not limited to a purchaser
of the vehicle;
(q) "Transferor"
means any person who transfers an interest in a vehicle.
(r) "VIN" means vehicle identification
number.
(2) General
Requirements. Except as provided in section (6) of this rule, upon transferring
an interest in an Oregon-titled vehicle, any person whose interest is released,
terminated, assigned or transferred, or the person's representative, must
release or assign that interest in writing. A release or assignment document
must be an original or certified copy, unless a copy is permitted under section
(8) of this rule, and include the following:
(a) For the vehicle subject to the transfer,
the VIN or title number or license plate number if DMV can verify the title or
license plate number matches the vehicle;
(b) The full name and signature of the
transferor(s), or the transferor's representative;
(c) If available, the date the interest in
the vehicle was released or assigned; and
(d) A statement or other indicator in the
document that the vehicle was sold, ownership was transferred or released, or
any interest, including a lien or security interest, was assigned, released,
terminated or transferred.
(3) Although not required, a release or
assignment document should include the name of the transferee.
(4) DMV will accept the following as a
release or assignment document:
(a) The
current title issued for the vehicle with the release/assignment section
completed by the transferor(s) or the transferor(s) authorized agent;
(b) The vehicle's MCO with the release
section completed by the dealer.
(c) A completed odometer disclosure that
meets the requirements of ORS
803.120,
803.122 and OAR
735-028-0050; or
(d) A bill of sale or other document that
meets the requirements of section (2) of this rule.
(5) Additional Requirements. In addition to
the requirements of section (2) of this rule, a release or assignment of
interest for a vehicle with a salvage title must comply with OAR
735-024-0170.
(6) Operation of Law. In addition to other
applicable requirements of this rule, if an interest in a vehicle is
transferred by operation of law as described in this section, a representative,
an authorized agency representative, personal representative, heir, affiant,
security interest holder, or lien claimant must release or assign the interest
in the vehicle as follows:
(a) Transfer of
Interest upon Death. The personal representative of an estate must sign the
original release or assignment document unless DMV receives:
(A) If the owner of the vehicle died
intestate, an original Inheritance Affidavit (DMV Form 735-516) signed by all
of the heirs; or
(B) An original
Small Estate Certification (DMV Form 735-6797) signed by the
affiant;
(b) Vehicle
Repossession. The security interest holder or representative of the security
interest holder must sign an original Vehicle Repossession Certificate (DMV
Form 735-263).
(c) Possessory Lien
Foreclosure. A lien claimant must fulfill all legal requirements to foreclose a
possessory lien on the vehicle and sign an original certificate of possessory
lien foreclosure form as specified in OAR
735-020-0012.
(d) Government Agency. A government agency
may transfer interest in a vehicle in its custody, if it complies with relevant
legal requirements and, at the time of transfer, provides the transferee an
original certificate of sale, bill of sale or similar document that contains:
(A) A citation of the legal authority
authorizing the government agency to transfer or assign interest in the
vehicle;
(B) The make, model, year
and VIN of the vehicle subject to the transfer; and
(C) The full name and signature of an
authorized agency representative.
(7) A person who assigns or releases a
partial interest in a vehicle but will remain on the vehicle title as an owner,
does not need to complete an assignment or release document. However, the
person must acknowledge that the addition of a new owner on the title is
authorized by signing:
(a) A title application
that lists the additional owner; or
(b) A written document that identifies and
permits the addition of the additional owner on the title.
(8) DMV may accept a copy of a document
described in section (2) of this rule, when DMV is satisfied the person seeking
the transfer has made all reasonable efforts to obtain a release of interest
and the interests of all parties to the transfer are protected. Before DMV may
accept a copy of a document described in section (2) of this rule, DMV will:
(a) Check if the vehicle is listed as
stolen;
(b) Review any evidence
that an interested party is contesting ownership; and
(c) Review any information provided by the
person, or required by the department, concerning the missing original
document.
Statutory/Other Authority: ORS
184.619,
802.010 &
803.094
Statutes/Other Implemented: ORS
803.015 &
803.094
