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This entry was published on 2014-09-22
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SECTION 2105
Application for first certificate of title
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 10, ARTICLE 46
§ 2105. Application for first certificate of title. (a) The
application for the first certificate of title of a vehicle in this
state shall be made by the owner to the commissioner on the form he
prescribes and shall contain or be accompanied by:

(1) The name, residence and mail address and social security number of
the owner;

(2) A description of the vehicle including, so far as the following
data exists: its make, year model, identifying number, type of body if a
motor vehicle or hull material if a vessel, and whether new or used, and
any other information required by the commissioner;

(3) The date of purchase by applicant, the name and address of the
person from whom the vehicle was acquired and the names and addresses of
any lienholders in the order of their apparent priority;

(4) A statement signed by the applicant, stating either, (i) any facts
or information known to him that could reasonably affect the validity of
the title of the vehicle or the existence or non-existence of security
interests in it; or (ii) that no such facts or information are known to
him; and

(5) Any other information and documents the commissioner reasonably
requires to identify the vehicle and to enable him to determine whether
the owner is entitled to a certificate of title and the existence or
non-existence of security interests in the vehicle.

(b) If the application refers to a vehicle purchased from a dealer, it
shall contain the name and address of any lienholder holding a security
interest created or reserved at the time of the sale and be signed by
the dealer as well as the owner, and the dealer shall promptly mail or
deliver the application to the commissioner.

(c) If the application refers to a vehicle last previously registered
or licensed in another state or country, the application shall contain
or be accompanied by:

(1) Any certificate of title issued by the other state or country;

(2) Any other information and documents the commissioner reasonably
requires to establish the ownership of the vehicle and the existence or
non-existence of security interests in it.

(d) If the commissioner is not satisfied as to the ownership of the
vehicle or that there are no undisclosed security interests in it, the
commissioner may register the vehicle but shall either: (1) withhold
issuance of a certificate of title until the applicant presents
documents reasonably sufficient to satisfy the commissioner as to the
applicant's ownership of the vehicle and that there are no undisclosed
security interests in it; or (2) as a condition of issuing a certificate
of title, require the applicant to file with the commissioner a bond
prescribed by the commissioner and executed by the applicant, and by a
person authorized to conduct a surety business in this state. The bond
shall be in an amount equal to one and one-half times the value of the
vehicle as determined by the commissioner and conditioned to indemnify
any prior owner and lienholder and any subsequent purchaser of the
vehicle or person acquiring any security interest in it, and their
respective successors in interest, against any expense, loss or damage
by reason of the issuance of the certificate of title of the vehicle or
on account of any defect in or undisclosed security interest upon the
right, title and interest of the applicant in and to the vehicle. Any
such interested person has a right of action to recover on the bond for
any breach of its conditions, but the aggregate liability of the surety
to all persons shall not exceed the amount of the bond. The bond shall
be returned at the end of three years or prior thereto if the currently
valid certificate of title is surrendered to the commissioner, but it
shall not be returned prior to the end of three years if the
commissioner has been notified of the pendency of an action to recover
on the bond or if the currently valid certificate of title was
surrendered to another state as proof of ownership to obtain a
certificate of title from that state. Nothing contained herein shall
require the commissioner of motor vehicles to issue a certificate of
title upon the presentation of a bond.