Section 301.193

Title XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION

Chapter 301

Effective - 28 Aug 2020, 5 histories   

  301.193.  Abandoned property, titling of, privately owned real estate, procedure — salvage or junking certificate authorized, when — watercraft titled through claims adjustment process, certificate of title authorized, when. — 1.  Any person who purchases or is the owner of real property on which vehicles, as defined in section 301.010, vessels or watercraft, as defined in section 306.010, or outboard motors, as that term is used in section 306.530, have been abandoned, without the consent of said purchaser or owner of the real property, may apply to the department of revenue for a certificate of title.  Any insurer which purchases a vehicle through the claims adjustment process for which the insurer is unable to obtain a negotiable title may make an application to the department of revenue for a salvage certificate of title pursuant to this section.  Prior to making application for a certificate of title on a vehicle under this section, the insurer or owner of the real estate shall have the vehicle inspected by law enforcement pursuant to subsection 9 of section 301.190, and shall have law enforcement perform a check in the national crime information center and any appropriate statewide law enforcement computer to determine if the vehicle has been reported stolen and the name and address of the person to whom the vehicle was last titled and any lienholders of record.  The insurer or owner or purchaser of the real estate shall, thirty days prior to making application for title, notify any owners or lienholders of record for the vehicle by certified mail that the owner intends to apply for a certificate of title from the director for the abandoned vehicle.  The application for title shall be accompanied by:

  (1)  A statement explaining the circumstances by which the property came into the insurer, owner, or purchaser's possession; a description of the property including the year, make, model, vehicle identification number, and any decal or license plate that may be affixed to the vehicle; the current location of the property; and the retail value of the property;

  (2)  An inspection report of the property, if it is a vehicle, by a law enforcement agency pursuant to subsection 9 of section 301.190; and

  (3)  A copy of the thirty-day notice and certified mail receipt mailed to any owner and any person holding a valid security interest of record.

  2.  Upon receipt of the application and supporting documents, the director shall search the records of the department of revenue, or initiate an inquiry with another state, if the evidence presented indicated the property described in the application was registered or titled in another state, to verify the name and address of any owners and any lienholders.  If the latest owner or lienholder was not notified the director shall inform the insurer, owner, or purchaser of the real estate of the latest owner and lienholder information so that notice may be given as required by subsection 1 of this section.  Any owner or lienholder receiving notification may protest the issuance of title by, within the thirty-day or forty-five-day notice period, as applicable, and may file a petition to recover the vehicle, naming the insurer described in subsection 1, 3, or 6 of this section, as applicable; a salvage pool or salvage dealer and dismantler described in subsection 4 of this section; a used motor vehicle dealer described in subsection 5 of this section; or the owner of the real estate and serving a copy of the petition on the director of revenue.  The director shall not be a party to such petition but shall, upon receipt of the petition, suspend the processing of any further certificate of title until the rights of all parties to the vehicle are determined by the court.  Once all requirements are satisfied the director shall issue one of the following:

  (1)  An original certificate of title if the vehicle examination certificate, as provided in section 301.190, indicates that the vehicle was not previously in a salvaged condition or rebuilt;

  (2)  An original certificate of title designated as prior salvage if the vehicle examination certificate as provided in section 301.190 indicates the vehicle was previously in a salvaged condition or rebuilt;

  (3)  A salvage certificate of title designated with the words "salvage/abandoned property" or junking certificate based on the condition of the property as stated in the inspection report.  An insurer purchasing a vehicle through the claims adjustment process under this section shall only be eligible to obtain a salvage certificate of title or junking certificate.  A salvage pool or salvage dealer and dismantler described in subsection 4 of this section or a used motor vehicle dealer described in subsection 5 of this section shall only be eligible to obtain a salvage certificate of title or junking certificate.

  3.  Any insurer which purchases a vehicle that is currently titled in Missouri through the claims adjustment process for which the insurer is unable to obtain a negotiable title may make application to the department of revenue for a salvage certificate of title or junking certificate.  Such application may be made by the insurer or its designated salvage pool on a form provided by the department and signed under penalty of perjury.  The application shall include a declaration that the insurer has made at least two written attempts to obtain the certificate of title, transfer documents, or other acceptable evidence of title, and be accompanied by proof of claims payment from the insurer, evidence that letters were sent to the vehicle owner, a statement explaining the circumstances by which the property came into the insurer's possession, a description of the property including the year, make, model, vehicle identification number, and current location of the property, and the fee prescribed in subsection 5 of section 301.190.  The insurer shall, thirty days prior to making application for title, notify any owners or lienholders of record for the vehicle that the insurer intends to apply for a certificate of title from the director for the vehicle.  Upon receipt of the application and supporting documents, the director shall search the records of the department of revenue to verify the name and address of any owners and any lienholders.  If the director identifies any additional owner or lienholder who has not been notified by the insurer, the director shall inform the insurer of such additional owner or lienholder and the insurer shall notify the additional owner or lienholder of the insurer's intent to obtain title as prescribed in this section.  If no valid lienholders have notified the department of the existence of a lien, the department shall issue a salvage certificate of title or junking certificate for the vehicle in the name of the insurer.

  4.  Any salvage pool or salvage dealer and dismantler that takes possession of a vehicle at the request of an insurer when the insurer does not purchase the vehicle through the claims adjustment process may apply to the department for a salvage certificate of title or junking certificate in the name of the salvage pool or salvage dealer and dismantler if the vehicle has remained unclaimed on the salvage pool's or salvage dealer and dismantler's premises for more than forty-five days.  The salvage pool or salvage dealer and dismantler shall, forty-five days prior to making application for title, notify any owners or lienholders of record for the vehicle that the salvage pool or salvage dealer and dismantler intends to apply to the director for a certificate of title for the vehicle unless the owner or lienholder removes the vehicle from the salvage pool's or salvage dealer and dismantler's premises within the forty-five days.  The application for title shall be on a form provided by the department, signed under penalty of perjury, and shall be accompanied by:

  (1)  A statement explaining the circumstances by which the vehicle came into the salvage pool's or salvage dealer and dismantler's possession; a description of the vehicle including the year, make, model, and vehicle identification number; the current location of the property; and the fee prescribed in subsection 5 of section 301.190;

  (2)  A copy of the forty-five-day notice and certified mail receipt mailed, or proof that the request was delivered by a nationally recognized courier service, to any owner and any person holding a valid security interest of record; and

  (3)  If the vehicle is not currently titled in Missouri, an inspection report of the vehicle by a law enforcement agency pursuant to subsection 9 of section 301.190.

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Upon receipt of the application and supporting documents, the director shall search the records of the department, or initiate an inquiry with another state if the evidence presented indicated the property described in the application was registered or titled in another state, to verify the name and address of any owners and any lienholders.  If the director identifies any additional owner or lienholder who has not been notified by the salvage pool or salvage dealer and dismantler, the director shall inform the salvage pool or salvage dealer and dismantler of such additional owner or lienholder and the salvage pool or salvage dealer and dismantler shall notify the additional owner or lienholder of the salvage pool's or salvage dealer and dismantler's intent to obtain title as prescribed in this section.  If no valid lienholders have notified the department of the existence of a lien, the department shall issue a salvage certificate of title or junking certificate for the vehicle in the name of the salvage pool or salvage dealer and dismantler.

  5.  Any used motor vehicle dealer that takes possession of a vehicle at the request of an organization exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code when such organization does not provide the used motor vehicle dealer with a negotiable title may apply to the department of revenue for a salvage certificate of title or junking certificate in the name of the used motor vehicle dealer if the vehicle has remained unclaimed on the used motor vehicle dealer's premises for more than forty-five days.  The used motor vehicle dealer shall, forty-five days prior to making application for title, notify any owners or lienholders of record for the vehicle that the used motor vehicle dealer intends to apply for a certificate of title from the director for the vehicle unless the owner or lienholder removes the vehicle from the used motor vehicle dealer's premises within the forty-five days.  The application for title shall be on a form provided by the department, signed under penalty of perjury, and shall be accompanied by:

  (1)  A statement explaining the circumstances by which the vehicle came into the used motor vehicle dealer's possession; a description of the vehicle including the year, make, model, and vehicle identification number; the current location of the property; and the fee prescribed in subsection 5 of section 301.190;

  (2)  A copy of the forty-five-day notice and certified mail receipt mailed, or proof that the request was delivered by a nationally recognized courier service, to any owner and any person holding a valid security interest of record; and

  (3)  If the vehicle is not currently titled in Missouri, an inspection report of the vehicle by a law enforcement agency pursuant to subsection 9 of section 301.190.

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Upon receipt of the application and supporting documents, the director shall search the records of the department, or initiate an inquiry with another state if the evidence presented indicated the property described in the application was registered or titled in another state, to verify the name and address of any owners and any lienholders.  If the director identifies any additional owner or lienholder who has not been notified by the used motor vehicle dealer, the director shall inform the used motor vehicle dealer of such additional owner or lienholder and the used motor vehicle dealer shall notify the additional owner or lienholder of the used motor vehicle dealer's intent to obtain title as prescribed in this section.  If no valid lienholders have notified the department of the existence of a lien, the department shall issue a salvage certificate of title or junking certificate for the vehicle in the name of the used motor vehicle dealer.

  6.  Any insurer that purchases a vessel or watercraft that is currently titled in Missouri through the claims adjustment process and for which the insurer is unable to obtain a negotiable title may make application to the department for a certificate of title.  Such application may be made by the insurer or its designated salvage pool or salvage dealer and dismantler on a form provided by the department and signed under penalty of perjury.  The application shall include a declaration that the insurer has made at least two written attempts to obtain the certificate of title, transfer documents, or other acceptable evidence of title and be accompanied by proof of claims payment from the insurer; evidence that letters were sent to the vessel or watercraft owner; a statement explaining the circumstances by which the property came into the insurer's possession; a description of the property including the year, make, and hull identification number; the current location of the property; and the fee prescribed in subsection 3 of section 306.015.  The insurer shall, thirty days prior to making application for title, notify any owners or lienholders of record for the vessel or watercraft that the insurer intends to apply to the director for a certificate of title for the vessel or watercraft.  Upon receipt of the application and supporting documents, the director shall search the records of the department of revenue to verify the name and address of any owners and any lienholders.  If the director identifies any additional owner or lienholder who has not been notified by the insurer, the director shall inform the insurer of such additional owner or lienholder and the insurer shall notify the additional owner or lienholder of the insurer's intent to obtain title as prescribed in this section.  If no valid lienholders have notified the department of the existence of a lien, the department shall issue a certificate of title for the vessel or watercraft in the name of the insurer.

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(L. 2002 H.B. 1075, A.L. 2004 S.B. 1233, et al., A.L. 2012 H.B. 1150 merged with S.B. 568, A.L. 2013 H.B. 428 merged with S.B. 148, A.L. 2020 H.B. 1963)