OAR 735-150-0250
Lien Claimant Records; Notification of Sale

(1)

Purpose. This rule establishes the requirements, form and retention period for lien claimant records pursuant to ORS 822.093 (Sale of vehicles involving possessory liens). The rule also specifies how a lien claimant will notify DMV of the sale of a subject vehicle.

(2)

Definitions. For purposes of ORS 822.093 (Sale of vehicles involving possessory liens), OAR 735-150-0260 (Civil Penalty Consideration, Lien Claimant Records) and this rule:

(a)

“Owner” means any individual(s) or business shown in the records of DMV as having an ownership interest in a subject vehicle.

(b)

“Subject vehicle” means a vehicle:

(A)

Sold by a lien claimant to foreclose a possessory lien;

(B)

For which a Certificate of Title or salvage title is issued by DMV pursuant to ORS 87.152 (Possessory lien for labor or material expended on chattel)(3); or

(C)

Acquired by a lien claimant through a possessory lien foreclosure that is sold or offered for sale by the lien claimant.

(c)

“Violation” means failure by a lien claimant to keep records in accordance with this rule.

(3)

Records. A lien claimant who sells or offers for sale a subject vehicle, or who obtains an Oregon Certificate of Title or salvage title from DMV for a subject vehicle, must maintain records sufficient to establish that subject vehicles were acquired by the lien claimant as the result of a possessory lien. The following records must be maintained:

(a)

A signed and dated copy of an original tow notification, repair order, an impound form from law enforcement or other similar form or document showing how the lien claimant acquired possession of the subject vehicle, or a written record that identifies the person or entity that authorized the lien claimant to take possession of the subject vehicle (e.g. specific law enforcement agency, business, etc.) and the time and date of contact.

(b)

A signed and dated copy of an original claim or notice of possessory lien, a notice of foreclosure sale form applicable to the possessory lien or similar form or document showing the owner of the vehicle was notified of the possessory lien;

(c)

A signed and dated copy of the DMV certificate of possessory lien foreclosure form applicable to the possessory lien as specified in OAR 735-020-0012 (Application for Title by Possessory Lien Foreclosure) for each subject vehicle; and

(d)

A bill of sale, if applicable.

(4)

Retention. Records required under this rule must be retained for a period of five (5) years by the lien claimant:

(a)

For an individual, at a location that complies with section (5) of this rule;

(b)

For a business, including the holder of a current valid towing business certificate issued under ORS 822.205 (Certificate), for a period of five years; two years on the premises of the main business location or at a supplemental location of the lien claimant if the vehicle is sold to foreclose a possessory lien, or if a Certificate of Title or salvage title is issued for the vehicle to foreclose a possessory loan, and an additional three-year period at any location within the State of Oregon that is convenient for the lien claimant; or

(c)

Any other location that is approved in writing by DMV.

(5)

Maintenance; Form. Lien claimant records must be maintained in a manner allowing for timely and efficient retrieval of any record requested by DMV for inspection. Records maintained under this rule must be the original records or an exact copy of the original records and may be maintained in hard copy, on film, or by electronic means. DMV may require that any record printed or completed in a language other than English be accompanied by a copy translated into English.

(6)

Notice to DMV. A lien claimant must notify DMV within 10 days of the sale or transfer of interest of a subject vehicle by submitting to DMV:

(a)

A completed and signed Notice of Sale or Transfer of Vehicle (DMV Form 6890), if the subject vehicle is covered by an Oregon title; or

(b)

A completed and signed Notice of Lien Foreclosure; Sale or Transfer of Vehicle (DMV Form 6890A), if the subject vehicle is not covered by an Oregon title.

Source: Rule 735-150-0250 — Lien Claimant Records; Notification of Sale, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=735-150-0250.

735–150–0000
Authority and Purpose 735–150–0005
Oregon Dealer Advisory Committee 735–150–0010
Definitions 735–150–0015
Dealer Applications 735–150–0017
Acting as a Vehicle Dealer 735–150–0020
Exemptions From Vehicle Dealer Certification Requirement 735–150–0024
Investigation of Certificate Applications 735–150–0027
Refusal to Issue or Renew Vehicle Dealer Certificate 735–150–0030
Dealer Location Regulations 735–150–0031
Proof of Dealer Liability Insurance 735–150–0033
Display of Vehicles for Advertising 735–150–0035
Dealer Records 735–150–0037
Records 735–150–0039
Qualifications for Designation of Dealer as Agent 735–150–0040
Designation of Dealers as Agents 735–150–0041
Dealer Applications to Participate in the Electronic Vehicle Registration Program 735–150–0042
Vehicle Consignments 735–150–0045
Special Rules Concerning Recreational Vehicle Dealers 735–150–0047
Rules Concerning Dealer-Only Auctions 735–150–0050
Preparation and Submission of DMV Documents and Fees 735–150–0055
Dealer Document-Processing Fee 735–150–0060
Issuance of Temporary Registration Permits 735–150–0070
When Trip Permits May Be Issued by Dealers 735–150–0080
Requirements for Issuing Trip Permits 735–150–0105
Late Renewal of Dealer Certificate 735–150–0110
Dealer Offenses Subject to Civil Penalty or Sanction 735–150–0120
Sanctions 735–150–0130
Civil Penalty Consideration 735–150–0140
Schedule of Civil Penalties for Certified Dealers 735–150–0160
Civil Penalty Considerations 735–150–0170
Schedule of Violation Penalties, Unlicensed Dealer 735–150–0190
Contested Case Hearings and Disposition 735–150–0205
Liquidation of Dealer Inventory Upon Closure of Dealership 735–150–0250
Lien Claimant Records 735–150–0260
Civil Penalty Consideration, Lien Claimant Records
Last Updated

Jun. 8, 2021

Rule 735-150-0250’s source at or​.us