Massachusetts Repossession Laws

Quick Answers:

Where do I refer to for Title or License Registration?

For state Title and License Information, refer to:

Registry of Motor Vehicles
Title Division
P.O. Box 55885
Boston, MA 02205-5885

A $10.00 fee per title application is required for photocopies of the RMV-1 application and supporting documents.

A $5.00 fee is required for each RMV computer record requested.

From: http://www.mass.gov/rmv/titles/7search.htm

Security Interests:

Shown on title held by lienholder.

Recording Requirements:

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 Requirements:

A Right to cure law is in effect for all Massachusetts contracts. As per the UCC, repossession is allowed and permitted as long as it is peaceful, after a Twenty-one Day Right to Cure Letter from lienholder to debtor. Vehicles cannot be repossessed from property owned or rented by the debtor.

Redemption Requirements:

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 Requirements:

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

Special Motor Vehicle Provisions:

None.

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 title, together with an affidavit of repossession, certified notarized copy of contract, and 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.

Documents Required for Liquidation:

Power of Attorney, lien release, and title.

Plates:

Must remain with owner / debtor. If plates are on vehicle at time of repossession, they must be mailed back to owner within 48 hours.

All recovery requirements and fees are current as of 2002.

Quick-Repo.com does not warrant the accuracy of these laws. The laws listed on Quick-Repo.com are only a starting point for reference, and are not meant to be legal advice or a replacement for legal console. Please consult a repo company in your area, county, or state if you have any questions about repossession service there.

View repo laws at RepoLaws.info and repossession laws at RepossessionLaws.info

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