| (B) an applicant's request for a hearing.
(3) A person wishing to appeal the county tax assessor-collector
ruling may appeal to a court with jurisdiction.
(i) Rescission, cancellation or revocation by affidavit.
(1) The department may rescind, cancel, or revoke an
application for a title if a notarized or county stamped affidavit
is completed and presented to the department within 21 days of initial
sale containing:
(A) a statement that the vehicle involved was a new
motor vehicle in the process of a first sale;
(B) a statement that the dealer, the applicant, and
any lienholder have canceled the sale;
(C) a statement that the vehicle was:
(i) never in possession of the title applicant; or
(ii) in the possession of the title applicant;
(D) the signatures of the dealer, the applicant, and
any lienholder as principal to the document; and
(E) an odometer disclosure statement executed by the
purchaser of the motor vehicle and acknowledged by the dealer if a
statement is made pursuant to subparagraph (C)(ii) of this paragraph
to be used for the purpose of determining usage subsequent to sale.
(2) A rescission, cancellation, or revocation containing
the statement authorized under paragraph (1)(C)(ii) of this subsection
does not negate the fact that the vehicle has been subject to a previous
retail sale.
(j) Discharge of lien. A lienholder shall provide the
owner, or the owner's designee, a discharge of the lien after receipt
of the final payment within the time limits specified in Transportation
Code, Chapter 501. The lienholder shall submit one of the following
documents:
(1) the title including an authorized signature in
the space reserved for release of lien;
(2) a release of lien form prescribed by the department,
with the form filled out to include the:
(A) title or document number, or a description of the
motor vehicle including, but not limited to, the motor vehicle:
(i) year;
(ii) make;
(iii) vehicle identification number; and
(iv) license plate number, if the motor vehicle is
subject to registration under Transportation Code, Chapter 502;
(B) printed name of lienholder;
(C) signature of lienholder or an authorized agent;
(D) printed name of the authorized agent if the agent's
signature is shown;
(E) telephone number of lienholder; and
(F) date signed by the lienholder;
(3) signed and dated correspondence submitted on company
letterhead that includes:
(A) a statement that the lien has been paid;
(B) a description of the vehicle as indicated in paragraph
(2)(A) of this subsection;
(C) a title or document number; or
(D) lien information;
(4) any out-of-state prescribed release of lien form,
including an executed release on a lien entry form;
(5) out-of-state evidence with the word "Paid" or "Lien
Satisfied" stamped or written in longhand on the face, followed by
the name of the lienholder, countersigned or initialed by an agent,
and dated; or
(6) original security agreements or copies of the original
security agreements if the originals or copies are stamped "Paid"
or "Lien Satisfied" with a company paid stamp or if they contain a
statement in longhand that the lien has been paid followed by the
company's name.
(k) Fees. The department and the county will charge
required fees, and only those fees provided by statute or by rule.
(1) Mechanic lien fees. The $25 fee provided by Property
Code, §70.006 may be charged once per vehicle.
(2) There is no charge for issuance of title receipt
or the duplicate title receipt at the time of application.
|
| Source Note: The provisions of this §217.3 adopted to be effective March 4, 2010, 35 TexReg 1761; amended to be effective May 6, 2012, 37 TexReg 3185; amended to be effective September 2, 2012, 37 TexReg 6687; amended to be effective April 14, 2013, 38 TexReg 2231; amended to be effective April 6, 2014, 39 TexReg 2325 |
