Fillable Printable Vtr 265 Vsf License Vehicle Storage Facility Lien Foreclosure

Vtr 265 Vsf License Vehicle Storage Facility Lien Foreclosure

License

d Vehicle Storage Facility Lien Foreclosure

Vehicle Information

Vehicle Identification Number

Year

Make

Body Style

Model

License Plate State and Number (if any)

Printed Name of Owner(s) Listed on Title/Registration Verification

Licensed Vehicle Storage Facility Information

Name

License Number

Address

City

State

Zip

Foreclosure/Public Sale Information

Possession

Date Vehicle Towed to Facility

Explanation of How Possession of the Vehicle was Acquired and Under What Authority

Charges

Towing Charges

Daily Storage Charge

Total Storage Charges

Total Charges Due

Notice Dates

First Notice to Owner/Lienholder(s)

Notice to Law Enforcement (if applicable)

Second Notice to Owner/Lienholder(s)

Public Sale

Date of Public Sale

Location of Public Sale

Sales Price

Purchaser

First Name (or Entity Name)

Middle Name

Last Name

Suffix (if any)

Address

City

State

Zip

Law Enforcement Certification

–

Only required if evidence of law enforcement notification is unavailable

Law Enforcement Agency

Address

City

State

Zip

On behalf of the law enforcement authority listed, I certify the above

referenced vehicle was reported abandoned by the listed storage

facility/garageman in accordance with Texas Transportation Code,

Chapter 683, on the date above. Further, I certify no action was taken

by our agency with regards to the vehicle described above within 30

days after we were notified by the storage facility/garageman.

Printed Name (Same as Signature)

Position

Signature of Officer/Authorized Agent

Date

A VSF must complete this certification if the law enforcement

agency does not require notice of abandoment.

On behalf of the licensed vehicle storage facility listed above, I

certify the law enforcement agency listed above did not require

notification of motor vehicle abandoment at the time this motor

vehicle was determined to be an abandoned motor vehicle.

Printed Name (Same as Signature)

Signature of Agent

Date

Odometer Disclosure Statement

Federal and state law require that you state the mileage upon transfer of ownership. Providing a false statement or failure to complete this form

may result in fines and/or imprisonment. I, the seller/agent, certify to the best of my knowledge the odometer reading is the actual mileage of

the vehicle unless one of the statements is checked:

Odometer Reading (no tenths)

☐

Mileage Exceeds Mechanical Limits

☐

Not Actual Mileage (WARNING – ODOMETER DISCREPANCY)

I am

aware of the odometer certification made by the seller/agent.

Signature of Seller/Agent

Date of Sale

Signature of Purchaser/Agent

Date

Statutory Lienholder Certification – State law makes falsifying information a third degree felony

I, the undersigned statutory lienholder, certify the statements are true and correct, the vehicle described above was towed and left for storage,

and the owner(s) and any applicable lienholder(s) were notified as required by statute. I also certify I have complied with all applicable provisions

of Occupations Code, Chapter 2303; Texas Department of Licensing and Regulation regulations; and all other statutes and regulations that affect

title transfer of a stored vehicle, and I am, therefore, proceeding to foreclose on the statutory storage lien in accordance with state law.

Signature of VSF’s Authorized Agent

Printed Name (Same as Signature)

Date

VTR-265-VSF Rev 07/17 Form available online at www.TxDMV.gov Page 1 of 2

Licensed Vehicle Storage Facility Lien Foreclosure

Information

A vehicle storage facility's (VSF) possession of a vehicle must have been in conjunction with a non-consent private property or law enforcement tow, and

the vehicle must have been taken to a VSF licensed by the Texas Department of Licensing and Regulation. Provisions of the Vehicle Storage Facility Act do

not apply to a vehicle parked or stored at a VSF with the consent of the vehicle's owner.

The information in the following sections only applies to vehicles obtained by the VSF on or after June 15, 2017. Vehicles obtained prior to

this date have other requirements. FOR MORE INFORMATION – You may refer to the TxDMV Motor Vehicle Title Manual (Chapter 23).

Foreclosure Procedures

1. FIRST NOTICE – If the vehicle was last registered in Texas, notice must be made within 5 days of obtaining possession. If the vehicle was last registered

outside of Texas, notice must be made within 14 days of obtaining possession. Storage fees cannot be assessed until this notice is made.

2. NOTIFICATION TO LAW ENFORCEMENT – A motor vehicle is considered abandoned (Transportation Code, Section 683.031) on the 10th day after the

First Notice is made. A VSF must report the abandoned motor vehicle to the law enforcement agency in the jurisdiction where the vehicle is located

within 7 days of the determination the vehicle is abandoned if required by the law enforcement agency. If the agency does not require notification, the

VSF must complete the applicable certification in the “Law Enforcement Certification” section on page 1.

3. SECOND NOTICE – A second notice must be made on or after the 15

day (and before the 21

day) after the First Notice was made if the vehicle

remains unclaimed by the owner/lienholder(s), and if law enforcement required a notice of abandonment, but has taken no action.

4. PUBLIC SALE – The VSF (or their authorized agent) may sell the vehicle at public sale if charges are not paid before the 30th day after the day the

Second Notice was made, AND a law enforcement agency who required a notice of abandonment has not taken the vehicle into custody before the

31st after the notification to law enforcement. The public sale may occur on or after the 31st day after the Second Notice or Notification to Law

Enforcement, whichever is later. The proceeds shall be applied to the payment of charges, and the balance shall be paid to the person entitled to them.

Note: Notice from law enforcement of its intention to dispose of the vehicle is considered law enforcement taking custody even if they do not take

physical custody before the 31st day.

5. APPLICATION FOR TITLE – The highest bidder at public sale must apply for title unless the vehicle is purchased by a licensed motor vehicle dealer with a

current General Distinguishing Number (GDN).

Notification Methods

NOTIFICATION BY MAIL – The First Notice to the last known owner and any applicable lienholder(s) must be sent by certified mail, return receipt

requested, or by electronic certified mail. Law does not specify a notification method for the Second Notice; however, since proof of mailing is required,

it is recommended both the First and Second Notices be sent by electronic or certified mail.

NOTIFICATION BY NEWSPAPER – In lieu of written notification by mail, publication of the First and/or Second Notices in a newspaper of general

circulation in the county in which the vehicle is stored may be used in certain situations in which the VSF is unable to identify the owner(s) or

lienholder(s). For more information on eligible situations and applicable requirements, refer to the TxDMV Motor Vehicle Title Manual

(Chapter 23).

Note: The newspaper publication option is not available if a motor vehicle record is found in Texas.

Title and/or Registration Verification

If the motor vehicle was last titled and/or registered in Texas, a Texas verification is required. A private entity report is acceptable if the Texas motor

vehicle record in the department’s system matches the private entity report at the time a title application is submitted.

If the vehicle was last titled and/or registered outside of Texas, a verification must be obtained directly from the governmental entity responsible for

maintaining the motor vehicle title and registration database for the state in which the vehicle is registered or from a private entity authorized by that

governmental entity to provide motor vehicle record information.

If a title and/or registration verification cannot be obtained, a report from the National Motor Vehicle Title Information System (NMVTIS) must be

provided showing:

•no motor vehicle title record or

•a motor vehicle title record to which the VSF is unable to obtain owner/lienholder information from the government entity or an authorized private

entity. Additionally, the VSF must provide:

•a written request to the governmental entity for owner and lienholder information must be made by certified mail, return receipt requested, or by

electronic certified mail, or

•proof of an unsuccessful attempt to obtain information from an authorized private entity consisting of a “No Record” report or a report that does

not provide the identity and address of any registered owner or lienholder.

Note: NMVTIS reports are available through U.S. Department of Justice authorized entities, which are listed at www.TxDMV.gov/title-check.

If a VSF sends a written request for title and registration verification to the state of record and is informed by letter from that state that due to the

Driver's Privacy Protection Act restrictions the state will forward the notification to the owner(s) and lienholder(s) for notification purposes, then the

original letter(s) from the state of record and certified receipts for each notification sent to that state must be provided with the title application.

Evidence Required to Transfer Ownership

1. Application for Texas Title and/or Registration (Form 130-U)

2. Licensed Vehicle Storage Facility Lien Foreclosure (Form VTR-265-VSF)

3. Verification of Title and/or Registration (see above for details)

4. Proof of Notifications

•Notices by Mail – Proof consists of the date stamped receipts for certified mail or electronic certified mail. Proof of delivery is not required.

•Notices by Newspaper Publication (only if applicable) – A legible photocopy of the newspaper publication, which includes the name and date of the

publication. Additionally, an NMVTIS report must be provided.

•Notification to Law Enforcement (one of the following) – Dated acknowledgement of the report from the law enforcement agency, completion of the

“Law Enforcement Certification” on page 1, or certified mail or electronic certified mail to the law enforcement agency.

5. Liability Insurance – A copy of current proof of liability insurance in the applicant's name if applying for registration.

6. Out of State Vehicles – Texas Vehicle Inspection Report signed by an inspector (and certified weight certificate if the vehicle is a commercial vehicle).

VTR-265-VSF Rev 07/17 Form available online at www.TxDMV.gov Page 2 of 2