Skip to content
S1486Senate2017-2018 SessionSame asA3357

Notify Owners on Lien Transfer

Official title

“Establishes the "vehicle lienholder accountability act"”

Sponsor Tony AvellaSD-11Affects Transportation
Status
In Senate Committee
Transportation
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill requires vehicle lienholders to notify owners in writing when assigning their security interest and imposes penalties for violations.

Why it matters

  1. Empowers vehicle owners by ensuring they are promptly informed in writing when their vehicle loan or lien is sold or transferred. , helping them track who has legal rights over their vehicle and reducing confusion about whom to contact for payoff or disputes.

  2. Establishes a clear legal obligation for lienholders to notify owners and provide a release of their security interest within ten days of assignment. , making the transfer process more transparent and preventing potential administrative errors that could delay title transfers or loan payoff.

  3. Introduces a financial penalty (up to $1,000) for lienholders who fail to comply with the notice and release requirements. , giving the law real consequences and incentivizing financial institutions and lenders to follow proper procedures that protect consumer rights.

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Notify Owners on Lien Transfer

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Tony Avella

Senator · Senate District 11

Chair, Children And Families

No co-sponsors yet.

History

  1. Referred to transportation
  2. Referred to transportation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A3357Assembly

Notify Owners of Lien Transfers

In Assembly Committee · Transportation · Sponsor Michael DenDekker

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1486

2017-2018 Regular Sessions

IN SENATE

January 9, 2017

Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to establishing the "vehicle lienholder accountability act"; to require lienholders to provide notice to the owner of the vehicle when such lienholder assigns his or her security interest

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. This act shall be known and may be cited as the "vehicle lienholder accountability act".

§ 2. Section 2120 of the vehicle and traffic law, as added by chapter 1134 of the laws of 1971, is amended to read as follows:

§ 2120. Assignment by lienholder. (a) A lienholder may assign, absolutely or otherwise, his or her security interest in the vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest, [but any] provided that such lienholder notifies the owner of the vehicle of such assignment, in writing, and executes a release of his or her security interest within ten days of such assignment. Any person without notice of the assignment is protected in dealing with the lienholder as the holder of the security interest and the lienholder remains liable for any obligations as lienholder until the assignee is named as lienholder on the certificate.

(b) The assignee may, but need not to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as lienholder, upon delivering to the commissioner an assignment by the lienholder named in the certificate in the form the commissioner prescribes. Upon the request of the assignee the commissioner shall request the owner to deliver to the commissioner the certificate of title.

(c) A lienholder who violates the provisions of this section shall pay a civil penalty not to exceed one thousand dollars.

§ 3. This act shall take effect on the thirtieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01194-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the vehicle and traffic law, in relation to establishing the "vehicle lienholder accountability act"; to require lienholders to provide notice to the owner of the vehicle when such lienholder assigns his or her security interest

Purpose or general idea of bill

To require a vehicle lienholder to provide the vehicle's owner with a timely lien release, in writing, when such lien is assigned so that the vehicle's owner can obtain a clear title when the lien is satisfied.

Summary of provisions

Subdivision (a) of section 2120 of the vehicle and traffic law is amended to require vehicle lienholders to provide the vehicle's owner with a release of such lien in writing within ten days of the lien being assigned, and subdivision (c) is added to section 2120 to impose a civil penalty not to exceed one thousand dollars for failure to comply.

Justification

Vehicle lienholders often assign their security interest without generating a lien release to the owner, and the new lienholder often fails to properly register the lien with Department of Motor Vehicles in order to avoid the fees due. As a result, many vehicle owners do not know who has a security interest in their vehicle, and are unable to obtain a clean certificate of title when they have paid off their vehicle loan. The original lienholder should be required to release his or her security interest in the vehicle once the lien has been assigned.

Prior legislative history

2015-2016: S6538-A/A4218 Referred to Transportation (DenDekker); 2013-14: A3649 Referred to Transportation; 2011-12: A2094 Passed Assembly S3302 Referred to Transportation.

Fiscal implications for state and local governments

None.

Effective date

The thirtieth day after it shall become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.