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(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.
The agency certifies that legal counsel has
reviewed the adoption and found it to be a valid exercise of the agency's
legal authority.
Filed with the Office
of the Secretary of State on March 17, 2014
TRD-201401184 David D. Duncan
General Counsel
Texas Department of Motor Vehicles
Effective date: April 6, 2014
Proposal publication date: November 29, 2013
For further information, please
call: (512) 467-3853
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