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.
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:
For a landlord’s lien pursuant to ORS 87.162 (Landlord’s lien), a Certificate of Possessory Lien Foreclosure (DMV Form 735-518);
For an abandoned vehicle pursuant to ORS 98.830 (Towing abandoned vehicle from private property), a Certificate of Possessory Lien Foreclosure (DMV Form 735-519);
For a possessory lien pursuant to ORS 87.152 (Possessory lien for labor or material expended on chattel), a Certificate of Possessory Lien Foreclosure (DMV Form 735-520);
For property abandoned by a tenant pursuant to ORS 90.425 (Disposition of personal property abandoned by tenant), a Certificate of Possessory Lien Foreclosure (DMV Form 735-521);
For a lien for towing a vehicle pursuant to ORS 819.160 (Lien for towing), a Certificate of Possessory Lien Foreclosure (DMV Form 735-6604); or
For towing, care and storage charges of an unlawfully parked vehicle pursuant to ORS 98.812 (Towing of unlawfully parked vehicle), a Certificate of Possessory Lien Foreclosure (DMV Form 735-6605).
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.
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.
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 (Proof of ownership or security interest on transfer or application for title or registration).