810-5-75-.31 Title
Procedure - Transfer Of Title For Vehicle Under The Abandoned Motor Vehicle Act – Bill of Sale (Form MVT 32-13B).
(1) The term
"department" as used in this regulation shall mean the Department of
Revenue of the State of
(2) The designated agent submitting an application for a certificate of title for a motor vehicle
sold as an "abandoned motor vehicle" shall
complete an MVT 5-1C or MVT 5-1E
(Application for Title). The application must be properly
filled in with a typewriter or printer
(BLACK INK) and signed by the
designated agent and the
owner. The designated agent shall forward the application and all supporting
documents to the department.
(3) Supporting documents shall
consist of the following:
(a) Outstanding certificate of title (if available).
(b) A notarized bill-of-sale (Form MVT
32-13B) from the seller of the
abandoned motor vehicle to the purchaser. The notarized bill of sale
shall contain the following information:
1. Complete Vehicle Description;
2. Date
Abandoned;
3. Date and
Location of
4. Name of
newspaper and dates of publication;
5. Dates
certified mail was sent to owner(s), registrant(s), secured party (parties),
and lienholder(s) of record (if any);
6. Information
on net proceeds of sale of abandoned motor vehicle; and
7. Buyer and
seller information.
(c) The
original certified Abandoned Motor Vehicle Record Request
Response
statement provided to the seller by the department in response to the filing of
an
Abandoned Motor Vehicle Record Request Form MVT 32-13, either identifying the
name
and address of the current owners, secured parties, or lienholders of record,
or
the
original certified Abandoned Motor Vehicle Record Request Response statement
from
the department that the department has no record of the vehicle.
(d) The original
certified mail return receipt forms or equivalent documentation as
determined by the department evidencing
that all parties (owners and lienholders) as disclosed on the original
certified Abandoned Motor Vehicle Record Request Response statement referenced
above in paragraph (c) were
notified, or notification was attempted.
(e) If
no owner and/or lienholder records are found in response to the filing of an
Abandoned Motor Vehicle Record Request Form MVT 32-13, then the seller must
provide a written statement as to what steps were taken to reasonably determine
the name(s) of the owner(s) and lienholder(s) of record mentioned in the Abandoned Motor Vehicle
Record Request Response referenced above in subparagraph (c), and what steps were taken to give notice to
such parties.
(f) Payment of the
Title fee See Section 32-8-6 Code of
(4) If
the party making the sale failed to provide notice, or did not attempt to
provide notice to the owners, secured parties, and lienholders of record, the
department shall not process the title application.
(5) Should the current certificate of title
to a motor vehicle sold pursuant to the provisions of the Alabama Abandoned
Motor Vehicle Law, codified at Section 32-13-1, et seq., Code of Alabama 1975, as amended, be
designated a "salvage" certificate of title, or if department records
indicate an application for a "salvage" certificate of title has
previously been received, the new certificate of title issued by the department
shall also be a "salvage" certificate of title. The purchaser of a "salvage"
abandoned motor vehicle shall not be permitted to register the vehicle, or to
operate it upon the highways of Alabama until such time as the vehicle is
restored by a licensed rebuilder and inspected by the department as required by
Section 32-8-87, Code of Alabama
1975, as amended, and a "rebuilt" Alabama certificate of
title is issued.
(6) The implementation date of Act 2006-414 is July 1,
2006.
Any application for a certificate of title to a vehicle sold as an
abandoned motor on or after July 1, 2006, shall comply with the provisions of Act 2006-414.
(7) Every purchaser of an abandoned motor vehicle shall title the vehicle
in their name. This includes a
purchaser who may be a licensed motor vehicle dealer.
(8) In
the event that there is a net sale balance on the MVT 32-13B greater than $0,
the seller must remit the net sale balance to the county license plate issuing
official in the county where the sale occurred for deposit into the county
general fund. A copy of the MVT 32-13B
must also accompany the remittance of the net sale balance. The seller must obtain a receipt for deposit
of these funds from the county license plate issuing official and, within ten
(10) days, provide the buyer with a copy of the receipt. A copy of the receipt must accompany the MVT
32-13B when the buyer makes application for certificate of title. (Authority: Sections 40-2A-7(a)(5) and
32-8-3(b)(2), Code of Alabama 1975)
(New Rule: Filed December 27,
2006, effective January 31, 2007).
Motor Vehicle Rules Numeric Index