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NY S05132

Bill

Status

Engrossed

6/20/2011

Primary Sponsor

Thomas Libous

Click for details

Origin

Senate

2011-2012 General Assembly

AI Summary

  • A motor vehicle dealer receiving a vehicle for resale may submit evidence to the Commissioner of Motor Vehicles demonstrating that any security interest has been satisfied, even if a formal release has not been issued.

  • The dealer must notify the lienholder concurrent with or prior to submitting evidence to the Commissioner and must provide proof including electronic fund transfers, cashier's checks, or bank checks equal to the amount the lienholder stated was necessary to satisfy the lien.

  • The Commissioner must issue a duplicate or new certificate of title without the lien within 15 business days of receiving all required information and fees.

  • Dealers who alter or forge payment evidence are liable for damages, attorney's fees, and costs, but subsequent purchasers of the vehicle are protected from liability for any errors in lien removal and the dealer must indemnify them.

  • The Commissioner is authorized to adopt rules and regulations to implement these provisions, and the act takes effect 180 days after becoming law.

Legislative Description

Authorizes a motor vehicle dealer who receives a vehicle for resale and satisfies any security interest in such vehicle, but has not received a release of security interest for such vehicle, to apply to the commissioner of motor vehicles for a certificate of title free of liens upon submission of proof that the security interest in the vehicle has been satisfied.

Last Action

SUBSTITUTED BY A1346C

6/19/2012

Committee Referrals

Transportation3/6/2012
Transportation1/4/2012
Rules6/20/2011
Transportation5/3/2011

Full Bill Text

No bill text available