| Perfection
|| Possession and Sale || New Title
and Plates || Other Issues
|| Kelley Blue Book | |
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| LAWDOG™ Massachusets Repossession |
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| Procedure To Perfect Lien A
security interest in vehicle for which a certificate of title is issued is perfected by
delivery to the registrar of existing certificate of title, if any, application for
certificate of title, with name and address of lienholder, date of security agreement, and
required fee. It is perfected as of time of its creation if the delivery is completed
within ten days after creation. Otherwise, it is perfected as of time of delivery to the
registrar. See MGL Chapter 90D, Section
21 |
| Vehicles From State Outside of
Massachusetts The validity and perfection of a security interest in a
vehicle subject to such security interest when the vehicle is brought into the
commonwealth is to be determined in accordance with the rules included in General Laws of
Massachusetts, Chapter 90D, Section
21 |
| Duty of Owner Creating Lien If
an owner creates a security interest in vehicle, owner must immediately execute
application, on the certificate of title or on approved form, show name and address of
lienholder and date of security agreement, and cause the certificate, application and
required fee to be mailed or delivered to lienholder or, at lienholder's request, to the
registrar. See General Laws of Massachusetts Chapter 90D, Section 22 |
| Duty of Lienholder The
lienholder must immediately cause certificate, application and required fee to be mailed
or delivered to the registrar. |
| Lienholder With Possession Must Make
Certificate Available Upon request of owner or subordinate lienholder, a
lienholder in possession of certificate of title must either mail or deliver certificate
to subordinate lienholder for delivery to the registrar or, upon receipt from the
subordinate lienholder of owner's application and required fee, mail or deliver them to
the registrar with certificate. The delivery of the certificate does not affect the rights
of the first lienholder under his security agreement. |
| Registrar Notes Lien Upon
receipt of certificate of title, application and required fee, the registrar shall either
endorse on the certificate or issue a new certificate containing the name and address of
the new lienholder, and mail the certificate to the first lienholder named in it. See
General Laws of Massachusetts Chapter 90D, Section 22 |
| Exclusive Manner of Perfection For Vehicles
The method provided in chapter of perfecting and giving notice of security
interests in vehicle for which certificate of title is issued, or required to be issued,
is exclusive. Chapter 90D, Section
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| Without Use of Force, Without a Breach of
Peace Subject to this section, a secured creditor under a consumer credit
transaction may take possession of collateral. In taking possession, secured creditor
under a consumer credit transaction may proceed without a prior hearing only if the
default is material, and consists of debtor's failure to make one or more payments as
required by the agreement or an event which substantially impairs the value of the
collateral, but only if possession can be obtained without use of force, without a breach
of peace. Unless debtor consents to an entry, at the time of such entry, possession must
be obtained without entry upon property owned by, or rented to the debtor. See General
Laws of Massachusetts Chapter 255, Section 13J |
| Hearing Required Except as
provided above, creditor under a consumer credit transaction may proceed against
collateral only after a prior court hearing where the right of creditor to take possession
has been determined, after debtor has an opportunity to be heard, having been notified in
writing of hearing at least seven days in advance. See General Laws of Massachusetts
Chapter 255, Section 13J |
| Right To Redeem The debtor
under a secured consumer credit transaction may redeem the collateral from creditor at any
time within twenty days of taking possession of the collateral, or thereafter until
creditor has either disposed of the collateral, entered into a contract for its
disposition, or gained the right to retain the collateral. See General Laws of
Massachusetts Chapter 255, Section
13J |
| Some Uniform Commercial Code Provisions
Apply The creditor may after gaining possession sell or otherwise
dispose of collateral. Unless displaced by the provisions of this section and section
thirteen I, the rights and obligations of the parties, including redemption and
disposition of collateral are governed by the provisions of Part 5 of Article 9 of the
Uniform Commercial Code. See General Laws of Massachusetts Chapter 255, Section 13J |
| Small Unpaid Balances If,
in connection with a consumer credit transaction involving an unpaid balance of two
thousand dollars or less, and which is at time of default secured by a non-possessory
security interest in consumer goods, creditor takes possession of or accepts surrender of
the collateral, debtor is not liable for any deficiency. If agreement between creditor and
debtor provides that debtor is to obtain insurance protecting collateral against
fire, theft, collision or other hazards and naming creditor as loss payee and if, prior to
the repossession or surrender of collateral, loss or damage occurs which would give rise
to insurance proceeds under the terms of policy in force, then special rules in Chapter
255, Section 13J apply |
| Deficiency If the unpaid
balance of the consumer credit transaction at time of default was two thousand dollars or
more, creditor is entitled to recover from debtor the deficiency, if any, resulting from
deducting fair market value of collateral from the unpaid balance due, and is also
entitled to any reasonable repossession and storage costs, if there is compliance with all
provisions of this section. See General Laws of Massachusetts Chapter 255, Section 13J |
| Fair Market Value Is Question For Court In
a proceeding for a deficiency the fair market value of the collateral is a question for
the court to determine. Periodically published trade estimates of retail value of goods
shall, to extent they are recognized in the particular trade or business, be presumed to
be the fair market value of collateral. See General Laws of Massachusetts Chapter 255, Section 13J |
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| Immediate Notice To Police Any
secured creditor obtaining possession of a motor vehicle under the provisions of this
section must, within one hour after obtaining such possession, notify the police
department of city or town in which possession occurred, giving the police department a
description of vehicle. See General Laws of Massachusetts Chapter 255, Section 13J |
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| Transferee Must Promptly Register
If the interest of any owner in a vehicle passes to another other than by voluntary
transfer, the transferee shall, except as provided in paragraph (b), promptly mail or
deliver to the registrar the last certificate of title, if available, proof of the
transfer, and application for a new certificate on approved form. See General Laws of
Massachusetts Chapter 90D, Section
17 |
| Registration and Affidavit
If the interest of owner is terminated or vehicle is sold under a security
agreement by a lienholder named in certificate of title, transferee must promptly mail or
deliver to the registrar the last certificate of title, application for new certificate on
approved form, and an affidavit by or on behalf of lienholder that vehicle was
repossessed, and that the interest of owner was lawfully terminated or sold pursuant to
terms of security agreement. See General Laws of Massachusetts Chapter 90D, Section 17 |
| Lienholder May Hold For Resale
If lienholder succeeds to the interest of owner and holds vehicle for resale,
lienholder need not secure a new certificate of title, but upon transfer to another
person, must promptly mail or deliver to transferee or to the registrar, the certificate,
affidavit and other documents required to be sent to the registrar by transferee. See
General Laws of Massachusetts Chapter 90D, Section 17 |
| Certificates Must Be Returned
A person holding a certificate of title whose interest in the vehicle has been
extinguished or transferred other than by voluntary transfer must mail or deliver the
certificate to the registrar upon request of the registrar. See General Laws of
Massachusetts Chapter 90D, Section
17 |
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| CHAPTER 90F Uniform
Operation of Commercial Motor Vehicles ACT |
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