1. (1) This rule designates the forms and procedures to be used when evidence of a possessory lien foreclosure is submitted to DMV in support of an application for vehicle title.

2. (2) A lien claimant making application for title that is supported by evidence of a possessory lien foreclosure must submit the appropriate completed certification form as described below:

   1. (a) For a landlord’s lien pursuant to ORS 87.162, a Certificate of Possessory Lien Foreclosure (DMV Form 735-518);
   2. (b) For an abandoned vehicle pursuant to ORS 98.830, a Certificate of Possessory Lien Foreclosure (DMV Form 735-519);
   3. (c) For a possessory lien pursuant to ORS 87.152, a Certificate of Possessory Lien Foreclosure (DMV Form 735-520);
   4. (d) For property abandoned by a tenant pursuant to ORS 90.425, a Certificate of Possessory Lien Foreclosure (DMV Form 735-521);
   5. (e) For a lien for towing a vehicle pursuant to ORS 819.160, a Certificate of Possessory Lien Foreclosure (DMV Form 735-6604); or
   6. (f) For towing, care and storage charges of an unlawfully parked vehicle pursuant to ORS 98.812, a Certificate of Possessory Lien Foreclosure (DMV Form 735-6605).
3. (3) A certification form described under section (2) of this rule must be the version of the form in effect at the time the lien was foreclosed or the version in effect at the time the application for title is submitted to DMV.
4. (4) The lien claimant's signature constitutes a certification that the information in the Certificate of Possessory Lien Foreclosure is true and accurate and that the lien claimant complied with all applicable statutory requirements for the possessory lien foreclosure.
5. (5) A certification form submitted and completed as described under sections (2) and (3) of this rule constitutes proof of ownership for purposes of ORS 803.205.

Statutory/Other Authority

ORS 184.619, 802.010, 803.045, 803.094 & 803.097

Statutes/Other Implemented

ORS 87.152, 87.162, 87.166, 87.172, 87.176 — 87.206, 90.425, 90.675, 98.805, 98.812, 98.818, 98.830, 803.045, 803.094, 803.097, 803.205, 809.720, 811.555, 811.570, 819.110, 819.120, 819.160 & 819.230

History

DMV 21-2019, amend filed 10/22/2019, effective 11/01/2019
DMV 2-2019, minor correction filed 01/30/2019, effective 01/30/2019
DMV 23-2017, amend filed 12/19/2017, effective 01/01/2018
DMV 2-2012, f. & cert. ef. 2-21-12
DMV 10-2002, f. & cert. ef. 6-24-02