[Vtr-tac] Acceptance of Mechanics Lien Filings Dated Prior to September 1, 2009

Electronic Distribution of VTR Information to Texas Counties vtr-tac at extlists.dmv.state.tx.us
Thu Apr 22 11:40:00 CDT 2010


Please review and distribute as appropriate.

Senate Bill 543, enacted by the 81st Legislature, concerned procedures for mechanics liens  for vehicles obtained after 8/31/09.  Franchise dealers are exempt from these new procedures.  A copy of our previous listservs, and their attachments, explaining these changes are included for your convenience. 

We have received an inquiry as to how long county tax offices should continue to accept foreclosure filings for mechanics liens dated prior to 9/1/09.  There is no date or time period specified in statute past which filings dated prior to 9/1/09 may no longer be accepted.  If you have concerns that a foreclosure form is being submitted with an incorrect/falsified date to circumvent proper notification from your county to the owner/lienholder, you have two options:

1. Refuse to accept the form  
As there are situations when forms dated prior to 9/1/09 are acceptable (see example below regarding military personnel), we suggest that before refusing any foreclosure forms dated prior to 9/1/09, the Tax Assessor-Collector should talk to their county attorney.  
Refusal of a foreclosure form requires that the disposal of the vehicle by the mechanic must be made by a court order or county tax assessor-collector hearing; a bonded title, county tax assessor-collector hearing or court order are available options for an innocent purchaser.  

2. Accept the form but notify owner/lienholder
You may still send a letter to ensure proper notification is made.   However, since the form is dated prior to 9/1/09, the $25 fee may not be collected.

Military members deployed prior to 9/1/09 have protections under the Servicemembers Civil Relief Act  (SCRA) that could result in a filing under pre-9/1/09 requirements well into the future. The SCRA states that A person holding a lien on the property or effects of a servicemember may not, during any period of military service of the servicemember and for 90 days thereafter, foreclose or enforce any lien on such property or effects without a court order granted before foreclosure or enforcement.

If you have any questions, or need additional information, please contact your local regional office. 

Thanks--Rebecca


If you have any comments or suggestions concerning this VTR communication process, please contact your local VTR Regional Office.

If you would like to see previous postings from the "VTR Electronic Archives," please visit http://extlists.dot.state.tx.us/pipermail/vtr-tac/ .


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