Recovery Lic# R 9500016 | Investigative Lic# A 9600149 Monday, 06 February 2012
 
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State Laws
2007 State Laws for  FL, MA, RI


Florida

Title State – Title and License information refer to : Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, Neil Kirkman Building, Tallahassee, Florida 32399.  Phone : (850) 488-3881, Fax : (850) 921-1935.  Florida does offer a Fast Title Service.  Fees for registration and title may vary.


Recording – With Clerk of Court where property is first located.  Uniform Commercial Code adopted January, 1967.


Recovery – Peaceful repossession Permitted * Police Department must be notified within two hours or immediately after taking.


Redemption – Debtor can redeem only prior to sale or foreclosure by payment of entire balance.


Deficiency – Confession of judgment invalid in foreclosure proceedings.  Court can enter deficiency judgment.


Special Motor Vehicle Provisions – Sworn notice of lien must be filed with Commissioner of Motor Vehicles and will appear on title in lieu of general recording statute.


Documents Required to Transfer Ownership of Motor Vehicle – Title must be reduced to lienholder’s name.  PLATES : Remain with the owner.


Licensing Requirements – Recovery agents must be licensed through the Division of Licensing, Tallahassee, Florida with an E or EE License.  The requirements to obtain these Licenses are set forth in Chapter 493 (Florida Licensing Laws).  Skip Tracers must also be licensed under Chapter 493.  Each Recovery Agency is required to have a Class R Recovery Agency license.  Title loan companies are required to utilize a licensed recovery agent only.



Massachusetts

Title State – Licensing and Registration information refer to: Registry of Motor Vehicles, Title Division, PO Box 199100, Boston, Massachusetts 02119.  Phone : (617) 351-4500, Fax : (617) 351-9069.  Massachusetts does not offer a Fast Tile Service.  Fees for registration and title may vary.


Recording - Security interest and lien perfected upon delivery of application for title
(MV-1).  A lienholder protects his security interest by filing an application for title and showing himself as a creditor or lienholder on the application.


Recovery – A Right to cure law is in effect for all Massachusetts contracts.  Vehicles cannot be repossessed from property owned or rented by the debtor. *Police Department must be notified immediately after taking.


Redemption – After the repossession of a vehicle the debtor must be sent a notice, by certified mail, return receipt requested, outlining the lienholder’s redemption requirements; including the lienholder’s intent  to sell collateral either at public auction or by private sale, if the requirements are not fulfilled within twenty working days.


Deficiency – If less than two thousand dollars, none.  At time of default, if more than two thousand dollars, deficiency allowable.

Documents Required  To Transfer Ownership of Motor Vehicle – Massachusetts is a title state and requires that a lienholder who appears on the issued title, surrender it with the appropriate endorsement and release of lien on the reverse side of the title, together with an affidavit of repossession, certified notarized Bill of Sale, to be given to purchaser when selling a vehicle in Massachusetts, also a notarized Power of Attorney to Agent handling sale.  PLATES: Must remain with owner.  If on vehicle at time of repossession, mailed back to owner within 48 hours.


Licensing Requirements – None.



Rhode Island - NEW!!  Rhode Island Legal Changes, Click Here To See

Title State – License and Registration information refer to: Division of Motor Vehicles, 286 Main Street, Pawtucket, Rhode Island 2860.  Phone : (401) 277-2970, Fax : (none available).  Rhode Island does not provide a Fast Title Service.  Fees for registration and title may vary.


Recording – Filed with Town Clerk or Recorder where mortgagor resides.  Uniform Commercial Code adopted July, 1962.


Recovery – Peaceful repossession permitted, Police Department must be notified immediately after taking.


Redemption – The state allows the debtor ten (10) days for redemption.


Deficiency – No statutory provisions and seemingly enforceable if contract so provides.  Judgment notes are invalid.


Special Motor Vehicle Provisions – None.


Documents Required to Transfer Ownership of Motor Vehicle – Title in lienholder’s name; affidavit of repossession; notarized Bill of Sale and Power of Attorney.  PLATES : Plates follow the owner if transferred to another vehicle, otherwise, plates must be returned to the Registry of Motor Vehicles.


Licensing Requirements – None.



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