Fillable Printable Rtb 2011 047 Attachment
Fillable Printable Rtb 2011 047 Attachment
Rtb 2011 047 Attachment
VTR-265-VSF
(Rev. 09/11)
STORAGE LIEN FOR LICENSED VEHICLE STORAGE FACILITY
FOR A VEHICLE OBTAINED ON OR AFTER 9-1-11
(REFER TO FORECLOSURE PROCEDURES ON PAGE 2 FOR INSTRUCTIONS)
A. GENERAL INFORMATION
YEAR
MAKE
BODY STYLE
MODEL
VEHICLE IDENTIFICATION NUMBER
LICENSE PLATE NUMBER
YEAR OF LICENSE
STATE OF ISSUANCE
B. STORAGE LIEN INFORMATION
1. DATE VEHICLE TOWED TO STORAGE LOT:
2. DAILY STORAGE CHARGES: $
TOTAL STORAGE CHARGES: $
TOWING CHARGES: $
TOTAL DUE: $
3. Provide an explanation as to the authority under which possession was acquired for storage charges and towing charges, if applicable.
C. Date law enforcement was notified according to Transpo rtatio n Code, Chapter 683:
D. FORECLOSURE INFORMATION
NOTE: Verification of notices must be attached. See Foreclosure Pr ocedures on reverse side fo r details.
FIRST NOTIFICATION
DATE
Date the owner(s) and lienholder(s), if any, were notified of the charges by certified mail or publication, if
applicable. (The first notice must be given if possession was acquired under the provisions of state law or city
ordinance. Such notice must be given within 5 days if the vehicle is registered in Texas or within 14 days if
the vehicle is registered outside of Texas, after obtaining possession.)
SECOND NOTIFICATION
DATE
Date the owner(s) and lienholder(s), if any, were notified of the charges by certified mail or publication, if
applicable. (A second notice is REQUIRED if the charges are still unpaid 15 days after the first notice was
sent. If the charges remain unpaid 30 da ys after the se cond notice is given, the vehicle may be sold at public
sale without a release of lien.)
AFFIDAVIT OF STATUTORY LIENHOLDER:
I, the undersigned statutor y lienholder, cert ify that the facts contained her ein are true and corr ect and that the ve hicle described
above was towed and left for storage and that the owner(s) and lienholder(s) were notified, as required by statute, to come
forward and pay the charges due a nd pick up the vehic le. Possession of the veh icle has contin ued for 30 da ys after the date on
which the second notice of the amount of charges was given, and such charges remain unpaid. I further certify that I have
complied with all applicable provisions of Occupations Code, Chapter 2303, Vehicle Storage Facility Act, the Motor Carrier
Division regulations, and all other statutes and regulations that affect the title transfer of a stored vehicle, and I am, therefore,
proceeding to foreclose on the statutor y storage lien in accordance there wit h.
Name and Address of Storage Facility
Printed Name of Affiant Vehicle Storage Facility License Number
Signature of Affiant
Subscribed and sworn to before me this day of , (Year).
NOTARY
PUBLIC
Notary Public County, Texas
WARNING: SWEARING TO A FALSE AFFIDAVIT IS PUNISHABLE BY A FINE OF UP TO $2,000, A YEAR IN JAIL OR
BOTH. CHARGING UNAUTHORIZED STORAGE FEES IS PUNISHABLE BY A FINE OF UP TO $1,000.
E. PUBLIC SALE INFORMATION (Date and location Public Sale was held)
Date: Location:
F. ASSIGNMENT
By virtue of the Public Sale outlined ab ove and in accordance with the laws of the State of Texas I the undersigned statutory
lienholder, for the sum of $
hereby sell and assign the above d escri bed vehicle to the highest bidder at sale, namely:
NAME OF PURCHASER
STREET ADDRESS
CITY, STATE, AND ZIP CODE
G. ODOMETER DISCLOSURE STATEMENT
FEDERAL AND STATE LAWS REQUIRE THAT YOU DISCLOSE THE MILEAGE IN CONNECTION WITH THE TRANSFER OF
OWNERSHIP. FAILURE TO COMPLETE OR PROVIDING A FALSE STATEMENT MAY RESULT IN FINES AND/OR IMPRISONMENT.
(NOTE: ODOMETER DISCLOSURE STATEMENTS ARE NOT
REQUIRED ON VEHICLES THAT ARE 10 MODEL YEARS OLD OR
OLDER.)
I CERTIFY TO THE BEST OF MY KNOWLEDGE THAT THE ODOMETER READING IS THE ACTUAL MILEAGE OF THE VEHICLE UNLESS
ONE OF THE FOLLOWING STATEMENTS IS CHECKED:
1. The mileage stated is in excess of its mechanical limits.
Odometer Reading 2. The odometer reading is not the actual mileage.
(No Tenths) WARNING - ODOMETER DISCREPANCY.
Signature of Seller/Agent Hand Printed Name (same as signature) Date of Statement
Name and Address of Storage Facility
I AM AWARE OF THE ABOVE ODOMETER CERTIFICATION MADE BY THE SELLER/AGENT.
Signature of Purchaser/Agent Hand Printed Name (same as signature) Date of Statement
STORAGE LIEN FORECLOSURE PROCEDURES (VEHICLE STORAGE FACILITY ACT)
1. 1st NOTICE — If last registered in Te xas; notice m ust be made within 5 days of ob taining possession. If last registered outside of Texas ,
notice must be made within 14 days
of obtaining possession. The 1st notice to the last known owner(s) and lienholder(s), if any, must be
sent by certified mail, or only, if applicable, notice by newspaper publication (See below).
2. NOTIFY LAW ENFORCEMENT within 7 da ys of being deemed abandoned. (A vehicle is “deemed abandoned” when possession of the
vehicle continues for 10 days from the date the 1st notice was given).
3. 2nd NOTICE — If law enforcement has not taken the vehicle into custody and the charges are still unpaid 15 days after the 1st notice was
made, the 2nd notice must be sent by certified mail, or only, if applicable, notice by newspaper publication, to the last known o wne r(s) and
lienholder(s), if any (See below).
4. PUBLIC SALE — If charges are not paid before the 30th day after the 2nd notice was made, the possessory lienholder may sell the
vehicle at public sale without obtaining a release of lien. The proceeds shall be applied to the payment of charges and the balance shall
be paid to the person entitled to it in accordance with Occupations Code, § 2303.157 .
5. APPLICATION FOR TITLE — The highest bidder (named in item E) must apply for title.
NOTIFICATIONS TO THE OWNER(S) AND LIENHOLDER(S), IF ANY, must be written notification made by certified mail. In lieu of a
written notification, publication of the notice in a newspaper of general circulation in the count y in which the vehicle is stored
may be used
if any of the following apply:
1. The vehicle is registered in another state;
2. The VSF has sent a correctl y addressed request, by certified mail with return receipt requested, to the applicable state requesting
the name and address of the last known registered owner(s) and lienholder(s), if any;
3. The identity of the last known owner(s) cannot be determined;
4. The registration does not contain an address for the last known owner(s);
5. The identity and address of the lienholder(s), if any, cannot be determined; or
6. The vehicle does not display a license plate or a vehicle inspection certificate indicating the state of registration and no record of
title or registration is found in Texas (verification by VIN required).
NOTE: The holder of the lien is not required to publish notice if a correctly addressed notice is sent with sufficient postage and is returned as
unclaimed or refused or with a notation that the addressee is unknown or has moved without leaving a forwarding address.
Newspaper publication option is not available if a motor vehicle record is found in Texas.
EVIDENCE REQUIRED TO SUPPORT THE TITLE APPLICATION:
a. FORM VTR-265-VSF (Storage Lien for Licensed Vehicle Storage Facility Operators) properly completed by the statutory lienholder.
b. VERIFICATION OF TITLE AND REGISTRATION
If Registered in Texas
— Verification of Texas title and registration is required.
If Registered Outside of Texas
— Verification of title and registration from the state of record, if available. If not available, verification by
VIN of no record in Texas is required.
c. PROOF OF NOTIFICATIONS (required for both 1st and 2nd notices and, if applicable, requests sent to the state of record).
Notice by Certified Mail
— Proof consists of the date stamped receipts for certified mail and return receipt, together with any unopened
certified letter(s) returned as undeliverable, unclaimed, or no forwarding address.
Notice by Newspaper Publication
(Only if applicable) — Proof shall consist of a legible photocopy of the newspaper publication which
includes the name of the publication and the date of publication.
d. A copy of current
proof of liability insurance in the applicant’s name.
e. If foreclosure is in accordance with a city ordinance, the bill of sale shall refer to the ordinance number under which removal and sale was
authorized and a copy of the city ordinance must be attached.
f. A pencil tracing of the motor and serial numbers may be required to establish the vehicle’s correct identity.
g. If the vehicle was last registered outside of Texas, the following documentation is also required:
Vehicle Identification Certificate (Form VI-30) and
Weight certificate on a commercial vehicle.
