ASSEMBLED OR SPECIALLY - kdor.org · ASSEMBLED OR SPECIALLY CONSTRUCTED VEHICLES Any person...

April 2013 2 County Treasurer's Manual State of Kansas Legal Document Instructions

ASSEMBLED OR SPECIALLY CONSTRUCTED VEHICLES

Any person applying for a certificate of title for a vehicle which was not originally

constructed under a distinctive name, make, model, or type mustmustmustmust apply for an assembled or

specially constructed vehicle title. Vehicles which were originally constructed under a

distinctive name, make or model, but which have been materially altered by the removal of

essential parts or by the addition or substitution of essential parts taken from other

vehicles or makes of vehicles mustmustmustmust also be titled as assembled or specially constructed.

COMPONENT PARTS FROM DIFFERENT VEHICLES

A bill of sale, such as the one on the back of the Affidavit to a Fact form TR-12, is required

for each component part (ENGINE, BODY, and FRAME) purchased from different vehicles. The

vehicle make, identification number and year mustmustmustmust be included in the bill of sale.

In addition, the Specially Constructed Vehicle Affidavit, form TR-91, is required from the

applicant stating that the component parts are from separate vehicles.

Vehicles manufactured with unitized bodies (body and frame are one unit, AKA: uni-body,)

will be required to have the title to such vehicles. If the uni-body vehicle has been "junked,"

the applicant must provide proof the vehicle was junked. This proof can be verification

from state or county, or a copy of the Nonrepairable Vehicle Certificate1111. IN ADDITION TO

THIS PROOF, the applicant will need a bill of sale2222 from the person the applicant purchased

the uni-body vehicle from and a bill of sale2222 from the person the applicant purchased the

engine from.

1111 The body and frame of a uni-body vehicle that has been designed and titled as Nonrepairable CANNOT be used to assemble or construct a vehicle. The only major component part from a uni-body vehicle that may be sold is the drive train. The body and/or frame are one component which meets the definition of two major component parts, which make up two-thirds of the vehicle.

2222 The bills of sale mustmustmustmust reflect the year, make and VIN of the vehicle from which the parts were obtained.

Two component parts used from the same vehicle do not constitute an

assembled vehicle and require transfer of ownership to be made by assigned

or reassigned title.


MVE-1

A vehicle which was not originally constructed under a distinctive name, make, model, or

type; or which have been materially altered by the removal of essential parts or by the

addition or substitution of essential parts taken from other vehicles or makes of vehicles

must be inspected by the Kansas Highway Patrol and issued an MVE-1 prior to making

application for an assembled or specially constructed vehicle title. The inspector will also

need to sign the back of the Specially Constructed Vehicle Affidavit, form TR-91.

The Kansas Highway Patrol will affix an identification number on the appropriate vehicle

location if warranted.

REQUIRED DOCUMENTS

The title and/or bill of sale for each component part, the completed MVE-1 form and a

completed TR-91, Specially Constructed Vehicle Affidavit form, mustmustmustmust be presented by the

applicant to the County Treasurer's Office at the time of application for Kansas title and

registration. (Please note the MVE-1 form will be considered unacceptable and voided if

altered or erased.)

STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.)

8-116a


VEHICLE IDENTIFICATION NUMBER

All applications for Kansas certificates of title require the entry of a Vehicle Identification Number (VIN) on the application (TR-200).

The VIN verifies the make, year, and type of vehicle, as follows:

PASSENGER CARS

MMMMANUFACTURED IN ANUFACTURED IN ANUFACTURED IN ANUFACTURED IN 1953195319531953 OR OR OR OR EEEEARLIERARLIERARLIERARLIER

All passenger cars manufactured in 1953 or earlier require the entry of the motor number*

on the application, TR-200, with the exception of Ford Motor Company passenger cars,

which require the entry of the frame serial number.

MMMMANUFACTURED IN ANUFACTURED IN ANUFACTURED IN ANUFACTURED IN 1954195419541954 OR OR OR OR LLLLATERATERATERATER

All passenger cars manufactured in 1954 or later require the entry of the body serial

number* on the application, TR-200, with the exception of Ford Motor Company passenger

cars, which require the use of the frame serial number.

* If the vehicle has been inspected by the Kansas Highway Patrol and an MVE-1 issued,

the frame number may be used.

TRUCKS

MMMMANUFACTURED IN ANUFACTURED IN ANUFACTURED IN ANUFACTURED IN 1955195519551955 OR OR OR OR EEEEARLIERARLIERARLIERARLIER

All trucks manufactured in 1955 or earlier require the entry of the motor number* on the application, TR-200, with the exception of Ford Motor Company trucks, which require the entry of the frame serial number.

MMMMANUFACTURED IN ANUFACTURED IN ANUFACTURED IN ANUFACTURED IN 1956195619561956 OR OR OR OR LLLLATERATERATERATER::::

All trucks manufactured in 1956 or later require the entry of the body serial number* on the application, TR-200, with the exception of Ford Motor Company trucks, which require the entry of the frame serial number.

* If the vehicle has been inspected by the Kansas Highway Patrol and an MVE-1 issued, the frame number may be used.


MOTORCYCLES

All motorcycles manufactured before 1967 require the entry of the motor number on the

application, TR-200. Motorcycles manufactured in 1967 or later require the use of the

frame serial number. If the manufacturer does not assign a motor number, application for

a special identification number must must must must be made to the Kansas Highway Patrol. (See Special

Identification Number Requirements.)

TRAILERS

All TrailersTrailersTrailersTrailers require the entry of an identification number on the application, TR-200. If the

manufacturer does not assign an identification number or vehicle is owner-constructed,

application for a special identification number must must must must be made to the Kansas Highway

Patrol. (See Special Identification Number Requirements.)


8-113


CORRECTING AN IDENTIFICATION NUMBER

VEHICLES LAST REGISTERED OUT-OF-STATE

Whenever the error on the out of state title can be verified through the MVE-1 form, a

Kansas title will be issued with the correct information. If the discrepancies cannot be

corrected through the MVE-1, the state that issued the title with the discrepancy will have

to make the correction.

NEW, UNREGISTERED VEHICLES

If an identification number discrepancy is discovered on the ownership documents of a new,

unregistered vehicle, whether purchased in Kansas or out-of-state, applicant must must must must furnish a

corrected bill of sale or Manufacturer's Statement of Origin (MSO/MCO) from the issuing

dealer, or manufacturer, reflecting the correct identification number, before a Kansas title

will be issued.

VEHICLES TITLED AND REGISTERED IN KANSAS

For vehicles titled and registered in Kansas with the wrong identification number, see

"Kansas Corrected Title."


VEHICLE IDENTIFICATION NUMBER REPLACEMENT

The owner of any motor vehicle, trailer or semi-trailer whose original or previously assigned

identification number has been destroyed, removed, altered or defaced must must must must have a new

identification number assigned. The Kansas Highway Patrol will issue and affix a new

identification number to the vehicle in addition to completing an MVE-1 form. The

applicant will present the completed MVE-1 form and the current title to the County

Treasurer's Office for retitling purposes.


8-116 8-116a


ADDING OR REMOVING NAME FROM TITLE

FAMILY MEMBERS ONLY

Only members of the immediate family can have their name added to a title. Immediate family members are father, mother, son and daughter.

ODOMETER DISCLOSURE STATEMENT

Although this is not considered a transfer of ownership, the state of Kansas will need a current odometer reading (the same as a duplicate title application). There is no buyer so a buyer’s signature will not be required.

HUSBAND AND WIFE

Husbands and wives may add or remove each other from the names on the title; i.e. John Doe adding wife, John and Mary Doe or visa versa.

SON AND DAUGHTER

Parents may add or delete children name from a title. Children may add or delete parent’s name from a title.

ASSIGNING THE TITLE

On the back of the title, the Name of Purchaser(s) space mustmustmustmust be assigned exactly as the names are to appear on the new title. The person(s) on the front of the title will sign the assignment as the Seller.

RRRRELATIONSHIP ELATIONSHIP ELATIONSHIP ELATIONSHIP CCCCODE ODE ODE ODE AND AND AND AND RRRREMOVING A EMOVING A EMOVING A EMOVING A NNNNAME AME AME AME

When removing a name, only one signature will be required if the names are connected by “and/or” or “or.” If the names are connected by “and,” allallallall signatures will be required.

LIEN HOLDER CONSENT

If a lien exists on the front of the title, a Lien Holder’s Consent to Transfer Vehicle Ownership, form TR-128, mustmustmustmust be obtained from the lien holder before a name will be added or removed.


8-135a


OWNER(S) IS DECEASED

There are two (2) affidavits which can be used when all the owners listed on the title are

deceased and there is no TOD for the vehicle. One affidavit (the Decedent Affidavit) is used

when there is a will, but it has not been probated yet. The second affidavit (Claim of Heir

Affidavit) is used when there is no will or the will is not going to be probated AND the

estate’s total value is $40,000 or less.

When there is a probated will refer to the “Change of Name or Ownership by Court Order” instruction in

this section.

NOTE: ONCE A WILL HAS BEEN PROBATED, NEITHER AFFIDAVIT CAN BE USED, THE WILL IS THE LEGAL DOCUMENT WHICH MUST BE FOLLOWED.

WILL IS WAITING TO BE PROBATED

When there is a will for the estate of the owner(s) (Kansas resident) listed on the Kansas

title, but the will has not been probated yet, the heir(s) may use the Decedent Affidavit, TR-

83a, to retitle one (1) vehicle from the name(s) of the deceased into the names of the heir(s).

This is to allow the heir(s) the use of one (1) vehicle while awaiting the court action

concerning the will. The heir(s) may select any single vehicle titled in the name of the

deceased.

This is restricted to just one (1) vehicle concerning the entire estate. The heirs cannot use

multiple

Decedent Affidavits to obtain more than one vehicle. They must await the will being

probated.

All heirs must be listed on the affidavit (see HEIRS later in this section). The heir(s)

spouse(s) cannot be added when using a Decedent Affidavit. Only direct heirs will be

allowed to enter their names on the Decedent Affidavit and title application. Once the

vehicle is titled in the name of the heir(s), the new title may be assigned to both the heir

and their spouse.

The surviving heir(s) may obtain a title only or title and registration for the vehicle. The

spouse of the deceased is the only heir that is allowed to transfer tags from the original

registration of the vehicle.


If there are multiple heirs, but not all heirs want the vehicle, the heirs that do not want the

vehicle will need to complete either a letter disclaiming interest in the vehicle or a bill of

sale in the name(s) of the heir(s) that the vehicle is to be titled in. Attach any disclaiming

interest letter(s) or bill of sale(s) to the application. The letter or bill of sale must contain

the year, make and VIN for the vehicle(s).

Multiple heirs can be listed on the title with an “and” or with an “or”.

Attach the completed affidavit, TR-83a to application for title along with proof of ownership.

If there is a lien recorded on the title, a lien release or lien holder’s consent must be

attached.

NO WILL (INTESTATE) AND THE ESTATE IS VALUED AT $40,000 OR LESS

When there is no will for the estate of the owner(s) (Kansas resident) listed on the Kansas

title andandandand the estate’s total value is $40,000 or less, the heir(s) may use the Claim of Heir

Affidavit, TR-83b. There is no limit the number of vehicles which may be titled using the

Claim of Heir Affidavit, only the total value of the estate will need to be considered. (Total

value of the estate would be, but is not limited to, vehicles, other personal property, real

property, investments, cash, life insurance, etc.)

All heirs must be listed on the affidavit (see HEIRS later in this section). The heir(s)

spouse(s) cannot be added when using a Claim of Heir Affidavit. Only direct heirs will be

allowed to enter their names on the Claim of Heir Affidavit and title application. Once the

vehicle(s) is titled in the name of the heir(s), the new title may be assigned to both the heir

and their spouse.

The surviving heir(s) may obtain a title only or title and registration for the vehicle(s). The

spouse of the deceased is the only heir that is allowed to transfer tags from the original

registration of the vehicle(s).

If there are multiple heirs, but not all heirs want the vehicle(s), the heirs that do not want

the vehicle(s) will need to complete either a letter disclaiming interest in the vehicle(s) or a

bill of sale in the name(s) of the heir(s) that the vehicle(s) is to be titled in. Attach any

disclaiming interest letter(s) or bill of sale(s) to the application. The letter or bill of sale

must contain the year, make and VIN for the vehicle(s).


Attach the completed affidavit, TR-83b to application for title along with proof of ownership.

If there is a lien recorded on the title, a lien release or lien holder’s consent must be

attached.

There is room on the TR-83b for up to 3 vehicles, if there are more than 3 vehicles in the

estate, use an additional TR-83b.

When there is doubt concerning the value of the estate, the county treasurer shall use

reasonable diligence in ascertaining whether the facts stated in such affidavit are true and

accurate.

The Claim of Heir Affidavit is authorized by KSA 59-1507b.

ESTATE’S VALUE IS $40,001 OR GREATER

If the estate has a value of $40,001 or more and there is no will, a court order will be needed

if there is more than one vehicle. One vehicle may be titled using the Decedent Affidavit

while awaiting the court order.

Claim of Heir Affidavit cannot be used.

If the estate is valued at $40,001 or more and there is a trust, but the owner’s vehicle(s)

were not part of the trust and the total value of all the vehicles is $40,000 or less, a Claim of

Heir Affidavit may be used.

LIEN ON TITLE

In the event a lien has been recorded on the last existing title, a lien release or a Lien

Holder’s Consent to Transfer Vehicle Ownership, form TR-128, must be completed and

accompany the title application. Attach lien consent, TR-128, or release to application.

SURVIVING SPOUSE

If the names on the front of the title are connected with “and/or” or “or,” then the surviving

spouse can assign the back of the title to themselves. See “Adding or Removing Name from

Title” in this section.

If the names on the front of the title are connected with “and,” a copy of the obituary article or the death certificate mustmustmustmust be submitted and attached to the title application.

The registration may be transferred to the surviving spouse ONLYONLYONLYONLY.


MULTIPLE OWNERS ON THE TITLE

In the event there are multiple owners listed on the face of the title and one of the owners

dies, the owners left on the face of the title can title the vehicle in their name(s). If the

existing title has “and” between the names of the owners an obituary notice in the paper or

a copy of the death certificate will have to be presented in lieu of that owners signature.

The existing title or title and registration receipt must be relinquished and sent to the state

with the new title and registration application. If the existing title or registration receipt is

not available and the title is being held as an etitle, a duplicate registration can be applied

for a fee of 50¢. You must also present a Lien Holder’s Consent to Transfer Vehicle

Ownership, form TR-128, if applicable.

If there are multiple owners listed on the face of the title and one of the owners dies leaving

a executor or administrator of their estate; that administrator or executor must obtain the

signature of the surviving owner prior to transferring ownership of the vehicle.

RRRRECOMMENDED ECOMMENDED ECOMMENDED ECOMMENDED RRRRETITLINGETITLINGETITLINGETITLING

When a vehicle is titled in both spouses’ names, it is strongly recommended that when one

of the owners passes away, the surviving owner retitle the vehicle removing the deceased

owner’s name. This will help when the surviving owner passes away and an out-of-state

heir tries to title the vehicle in his or her home state.

HEIRS

OOOORDER OF RDER OF RDER OF RDER OF IIIINHERITANCENHERITANCENHERITANCENHERITANCE

Start with the deceased owner’s marriage status, then find the first living person or persons

listed under that status. The ability to locate the highest placed person(s) does not

influence their order of inheritance. If that person cannot be located and someone else

wants the vehicle, a court order (or probated will) is required.

MarriedMarriedMarriedMarried: 1st) Surviving spouse, then; 2nd) ALL children, then; 3rd) Parent(s) of last the surviving owner, then; 4th) ALL Siblings.

Never MarriedNever MarriedNever MarriedNever Married:::: 1st) ALL children, then; 2nd) Parent(s), then; 3rd) ALL Siblings then; 4th) ALL Aunts and Uncles.


Single ParentSingle ParentSingle ParentSingle Parent:::: 1st) ALL children, then; 2nd) Parent(s), then; 3rd) ALL Siblings.

UUUUSING SING SING SING AAAAFFIDAVITFFIDAVITFFIDAVITFFIDAVIT

Heirs may use the Decedent Affidavit, TR-83a of Claim of Heir Affidavit, TR-83b, where

appropriate. All heirs and their relationship to the deceased mustmustmustmust be listed on the affidavit.

If one or more of the heirs listed on the affidavit does not want to be listed as an owner on

the title, a Bill of Sale or disclaimer, use the TR-12, must be provided before the heir(s) can

be dropped from the title application. Attach bill of sale or disclaimer to the application.

The heir(s) can apply for a “title only” or may apply for “title and registration.” The

registration may be transferred to the surviving spouse ONLYONLYONLYONLY.

SSSSALES ALES ALES ALES TTTTAXAXAXAX

Sales tax exemption listing the heirs’ relationship to the deceased is required. Attach to

application.

PPPPROOF OF ROOF OF ROOF OF ROOF OF OOOOWNERSHIPWNERSHIPWNERSHIPWNERSHIP

Proof that the deceased was the vehicle owner is required. This proof can be one of the

following: last existing title, current or previous registration receipt or verification of title.

Attach proof of ownership to application.

HEIR(S) NAME ONLY

The title application must be completed in the heir/heirs name only (see Minor Children

below). At the time of application, no additional names may be added onto the title. EX:

The heir’s spouse CANNOTCANNOTCANNOTCANNOT be added to the decedent title.

MMMMINOR INOR INOR INOR CCCCHILDRENHILDRENHILDRENHILDREN

If minor children are the next surviving heirs and there is no will, the title may read as

follows: “John Smith, guardian of Jane Doe and John Doe and Andrew Doe.”



An odometer disclosure statement, included on the Decedent Affidavit, must be completed,

unless the vehicle is exempt from the requirements. If vehicle is exempt, CURRENT MILEAGE

IS REQUIRED.


59-403 59-1507b


CHANGE OF NAME OR OWNERSHIP BY COURT ORDER

TITLE ONLY

Any time a court order is used as the ownership document, the applicant has the option of

applying for a title only or title and registration.

PROBATED WILL

A certified copy of the probated will signed by the judge awarding the vehicle to the spouse

or heirs or granting disposition to the spouse or heirs mustmustmustmust be submitted at the time of

application. Attach to application.


The title, current or previous registration receipt or verification of title may be submitted at

the time of application, BUT IS NOT REQUIRED.

RRRREGISTRATIONEGISTRATIONEGISTRATIONEGISTRATION

The registration may be transferred to the surviving spouse if there is no change in the

expiration. If the vehicle is awarded to any other individual(s), a new registration and

license plate mustmustmustmust be issued, REGARDLESS if the expiration would be the same.

DIVORCE

A certified copy of the divorce document with a description of the vehicle (year, make, VIN),

signed by the judge awarding the vehicle to the applicant must be submitted and attached

to the application.


The title, current or previous registration receipt or verification of title mustmustmustmust be submitted

at the time of application. Attach to application.


If the applicant’s name was not on the previous title, a new registration and license plate

mustmustmustmust be issued.


COURT ORDER

A certified copy of the journal entry (court papers), with the description of the vehicle,

signed by the judge ordering a change in the title owner’s name must be submitted at the

time of application. Attach to application.


If the vehicle is not described in the court order, the title, current or previous registration

receipt or verification of title mustmustmustmust be submitted at the time of application. Attach to

application.


If no owners from the previous Kansas title remain as owner per the court papers, the

application will need to be for title only or title and registration.

If one of the previous owners listed on the Kansas title is awarded the vehicle, but there is a

change in the expiration month, a title only or title and registration will be needed. If the

new owner is the same owner that the previous registration was issued to (expiration based

on their name) title only or title and transfer will be needed.

LIEN ON TITLE

Unless the court order states otherwise, if there is a lien on the vehicle, a release of lien or

Lien Holder’s Consent to Transfer Vehicle Ownership, form TR-128 mustmustmustmust be submitted at

time of application. Attach to application.

SALES TAX

A sales tax EXEMPTION is required. Attach to application.

ODOMETER DISCLOSURE STATEMENT-ODS

Unless the vehicle is exempt from the odometer disclosure statement requirements, a TR-59 must be

completed by the transferee. There will be no signature or printed name for the transferor. Attach to

application.


REPOSSESSION TITLES

QUALIFYING FOR A KANSAS REPOSSESSION TITLE

The lien holder filing for a Kansas repossession title must:

• Have the vehicle in their possession/control; and

• At least one of the below:

o The verification indicates a Kansas owner (owner’s address on Kansas title or on the assignment is in Kansas), and/or

o The vehicle is financed originally by a financial institution chartered in the state of Kansas (lien holder’s address on the title or assignment is in Kansas) or when a financial institution chartered in Kansas purchases a pool of motor vehicle loans from the resolution trust corporation or a federal regulatory agency.

POSSESSION OF THE VEHICLE VERY IMPORTANT

The vehicle or trailer MUST be in the possession/control of the lien holder

before applying for a repossession title.

REQUIREMENTS

Any automobile, light or heavy truck, motorcycle or trailer may be repossessed by a lien holder meeting the conditions detailed below:

• Properly completed Repossession Affidavit, TR-84;

• The original or a certified copy of the security agreement; Security agreement must include the vehicle’s year, make and complete VIN, the debtor’s name and signature. (If the names of two or more persons appear on the back of the title are joined by "and", the signatures of all individuals must appear on the certified security agreement.)

• Verification of Ownership showing the debtor as buyer/owner and showing the secured party as lien holder.

ONE OF THE FOLLOWING WILL WORK AS VERIFICATION:

� The assigned title or current title;

� The assigned MSO (Manufacturer’s Statement of Origin);

� A certified copy of both sides of the assigned title or the title;

� A certified copy of both sides of the assigned MSO;

� A copy of the title application (TR-200);


� A copy of the Notice of Security (NSI) summary (perfection) letter generated by the Kansas Department of Revenue (NOTNOTNOTNOT thethethethe 90909090 daydaydayday letterletterletterletter thatthatthatthat nononono applicationapplicationapplicationapplication hashashashas beenbeenbeenbeen receivedreceivedreceivedreceived);

� Verification of ownership from the County Treasurer’s office, Division of Vehicles or the Kansas.gov.

NNNNAMAMAMAMES ON ES ON ES ON ES ON VVVVERIFICATIONERIFICATIONERIFICATIONERIFICATION DDDDO O O O NNNNOT OT OT OT MMMMATCH ATCH ATCH ATCH RRRREPOSSESSION EPOSSESSION EPOSSESSION EPOSSESSION AAAAFFIDAVITFFIDAVITFFIDAVITFFIDAVIT

If the verification submitted does not show the debtor’s name as owner or purchaser and the name of the secured party that is applying for repossession title as lien holder, a notarized disclaimer/release is required from the last registered owner(s) and , a notarized disclaimer/release from any lien holder(s).

VINVINVINVIN VVVVERIFICATIONERIFICATIONERIFICATIONERIFICATION----MVEMVEMVEMVE----1111

Vehicles titled in an out-of-state jurisdiction must must must must have a VIN verification (MVE-1 form). Attach the pink copy of the MVE-1 to the application*.

**** VINVINVINVIN IIIINSPECTION NSPECTION NSPECTION NSPECTION EEEEXEMPTIONXEMPTIONXEMPTIONXEMPTION

If the vehicle is:

� Titled in another jurisdiction or the assignment is on another jurisdiction’s title, and

� Located out-of-state, and

� WWWWILL NOT ILL NOT ILL NOT ILL NOT BE BROUGHT OR SOLD BACK INTO KANSAS,

the “VIN Inspection Exemption” portion of the Repossession Affidavit may be completed in lieu of the MVE-1.

If the VIN Inspection Exemption is used, the vehicle must be retitled in

another state BEFORE it can be returned to Kansas. The Kansas repossession

title CANNOT be assigned or reassigned to a Kansas buyer who will use the

title when applying for a new Kansas title.

OOOODOMETER DOMETER DOMETER DOMETER DDDDISCLOSURE ISCLOSURE ISCLOSURE ISCLOSURE SSSSTATEMENTTATEMENTTATEMENTTATEMENT

Unless the vehicle is exempt, an odometer disclosure statement, form TR-59, must must must must be completed by the transferee. transferee. transferee. transferee. There will be no transferor signature or printed name. The odometer disclosure within the Repossession Affidavit, TR-84, can be used in lieu of the TR-59.

SALES TAX ON A REDEEMED REPOSSESSED MOTOR VEHICLE

The Kansas Uniform Commercial Code (UCC) provides a right of redemption to a debtor whose property is repossessed because of loan default. A debtor’s right to redeem a vehicle that is subject to Kansas title and registration laws continues even after the lender has


repossessed and titled the vehicle in the lender’s name. The debtor’s right to redeem ends if and when the lender sells the repossessed vehicle to someone other than the debtor.

When a lender grants a debtor permission to redeem a vehicle pursuant to KSA 84-9-506, the transaction is not regarded as a sale and is NOTNOTNOTNOT subject to Kansas sales tax. The lender shall transfer their title to a repossessed vehicle by assigning the repossession title to the debtor.

FEE FOR REPOSSESSION TITLE

There is an additional fee of $3.00 for a repossession title. With the $10.00 title fee added, the total fee for a repossession title is $13.00

BRANDING THE TITLE AS REPOSSESSION

The word “REPOSSESSION” will be printed on the Kansas title under “Vehicle Record Notations”.

SUBMITTING PAPERWORK

The Repossession Affidavit and the required supporting paperwork are the required titling documents for the vehicle. Attach the affidavit and supporting documents to application.


8-135 84-9-506


ABANDONED VEHICLES

CONDITIONS

Any vehicle which has been left on a Kansas highway or public property for more than 48 hours is subject to removal by the public agency which has jurisdiction over such highway or property. Vehicles left on private property may be removed by the aforementioned public agencies, at the request of the owner or occupant of such property, regardless of the 48 hour provision.

NOTE: Abandoned Vehicle Affidavits CAN ONLY BE USED BY A

PUBLIC AGENCY. REQUIREMENTS

� Length of Time Impounded

� Abandoned Vehicle Affidavit

� Verification of Last Registered Owner

� Proof of Notification

� Proof of Publication

� Odometer Disclosure Requirement

LLLLENGTH OF ENGTH OF ENGTH OF ENGTH OF TTTTIMEIMEIMEIME IIIIMPOUNDMPOUNDMPOUNDMPOUNDEDEDEDED

The vehicle must be impounded fifteen (15) days or longer.

AAAABANDONED BANDONED BANDONED BANDONED VVVVEHICLE EHICLE EHICLE EHICLE AAAAFFIDAVITFFIDAVITFFIDAVITFFIDAVIT

A completed "Abandoned Vehicle Affidavit, TR-105" must must must must be given to the purchaser of the vehicle.

VVVVERIFICATION OF ERIFICATION OF ERIFICATION OF ERIFICATION OF LLLLAST AST AST AST RRRREGISTERED EGISTERED EGISTERED EGISTERED OOOOWNERWNERWNERWNER

Verification of the last registered owner must must must must be obtained and issued by contacting the County Treasurer, if record is available; the Division of Vehicles, Title and Registration Bureau, Verification Desk, Topeka, Kansas 66626-0001; from the Kansas.gov or from the law enforcement agency conducting the sale.

PPPPROOF OF ROOF OF ROOF OF ROOF OF NNNNOTIFICATIONOTIFICATIONOTIFICATIONOTIFICATION

If the vehicle is registered in Kansas, the public agency must must must must send notification, by certified mail, to the owner(s) and lien holder(s) at the address shown on the verification, advising of when the vehicle will be sold. Proof of the 15-day certified mail notice to the owner(s) and lien holder(s) must must must must be attached to documentation provided to the vehicle purchaser.


PPPPROOF OF ROOF OF ROOF OF ROOF OF PPPPUBLICATIONUBLICATIONUBLICATIONUBLICATION

Proof that the notice was published during two (2) consecutive weeks in a county newspaper with general circulation. Notice must must must must describe the make, year, serial or VIN number, model; if known, the owner's name; and the date, time and place the vehicle will be sold public auction. Notice shall be published fifteen (15) days after certified mail is sent to owner(s) and lien holder(s), if applicable.

OOOODOMETER DOMETER DOMETER DOMETER DDDDISCLOSURE ISCLOSURE ISCLOSURE ISCLOSURE RRRREQUIREMENTEQUIREMENTEQUIREMENTEQUIREMENT

A TR-59 must must must must be completed only by the transfereetransfereetransfereetransferee, unless the vehicle is exempt from the requirement. An odometer reading must be provided for exempt vehicles.


The Abandoned Vehicle Affidavit and the required supporting paperwork are the required titling documents for the vehicle. The purchaser WWWWILL NOTILL NOTILL NOTILL NOT be able to apply for title and registration if the public agency fails to provide all the required documents listed above. Attach Abandoned Vehicle Affidavit and supporting paperwork to application.

PURCHASER IS AN INDIVIDUAL OR BUSINESS

An individual or business purchasing the vehicle must must must must apply for title and REGISTRATION or apply for a Salvage, Non-Highway or Nonrepairable title within 60 days from the assignment of the Abandoned Vehicle Affidavit. A "Title Only" cannotcannotcannotcannot be processed for this situation.

PURCHASER IS THE SELLER

If the vehicle purchaser is the same as the seller, an application for either a "Title Only" or "Title and Registration" is acceptable. Application mustmustmustmust be made within 60 days of assignment of the Abandoned Vehicle Affidavit.

SALES TAX

If a fee has been exchanged for a vehicle, sales tax should be assessed and collected by the County Treasurer.


8-1101 8-1102


SELF-SERVICE STORAGE LIEN SALE AFFIDAVIT

CONDITIONS FOR FILING A SELF-SERVICE STORAGE LIEN SALE AFFIDAVIT

A Kansas resident who owns a self-service storage business located within the state of Kansas and has a

rental agreement for storage space which the rent payments are more than 45 days in default may use the

Self-Service Storage Lien Sale Affidavit, form TR-96S.

REQUIREMENTS FOR ALL SELF-SERVICE STORAGE LIEN SALE AFFIDAVIT

VERIFICATION OF LAST REGISTERED OWNER/LIEN HOLDER

A verification of the last registered owner and lien holder, if applicable, must be obtained through the

County Treasurer’s office, or the Titles and Registrations Bureau in Topeka or from the Kansas.gov .

VIN VERIFICATION

If the vehicle was not titled in Kansas, an MVE-1, VIN verification performed by the Kansas Highway

Patrol or their designee is required. This is to be obtained by the purchaser of the vehicle.


The Self-Service Storage Lien Sale Affidavit, TR-96S, has an Odometer Disclosure Statement

incorporated in the form. This portion of the form must be completed for non-exempt vehicles.

SELF-SERVICE STORAGE LIEN SALE AFFIDAVIT

The storage operator must complete the Self-Service Storage Lien Sale Affidavit, TR-96S. This includes

the type of sale which was held, purchaser’s name, and the purchase price of the vehicle.


The Self-Service Storage Lien Sale Affidavit must have the following documents attached:

� Verification of ownership, and lien holder if applicable;

� Copies of notices sent to occupant/owner and lien holder and proof that second notice was sent

restricted mail to the owner/occupant and by certified mail to the lien holder;


� Copy of newspaper ad, and;

� Copy of storage/rental agreement.

� If the verification is “no record” or is an out-of-state title, an MVE-1 must also be attached.

PURCHASER IS AN INDIVIDUAL OF BUSINESS

If the vehicle is purchased by an individual or business different from the seller (claimant), the purchaser

must apply for title and registration or apply for a Non-Highway title within 60 days from the assignment

of the Self-Service Storage Lien Sale Affidavit. A "Title Only" cannot be processed for this situation.

PURCHASER IS THE SELLER/CLAIMANT

If the vehicle purchaser is the same as the seller (claimant), an application for either a "Title Only" or

"Title and Registration" is acceptable. Application must be made within 60 days of assignment of the

Self-Service Storage Lien Sale Affidavit.

SALES TAX

If a fee has been exchanged for vehicle, sales tax should be assessed and collected by the County

Treasurer.


58-813 58-817 84-9-627


MECHANIC LIEN AFFIDAVIT

CONDITIONS

A Mechanic Lien may be filed when the following conditions have been meet:

• The vehicle has been in the mechanic's POSSESSIONPOSSESSIONPOSSESSIONPOSSESSION for at least ninety (90) days:at least ninety (90) days:at least ninety (90) days:at least ninety (90) days:

• The owner has consented or requested work be performed or repairs made to the vehicle, and

• Payment for said services was not received.

REQUIREMENTS

There are four (4) different situations concerning a Mechanic Lien Sale process. The keys are if the owner is known or not known and the value of the vehicle.

ALL Mechanic Lien Sale Affidavits must have these five (5) items listed below. For detailed instructions,

just click on top of the item in question. To the far right will be the word “All”, which indicates all

applications must have that item.

� Mechanic Lien Sale Affidavit,

� Verification,

� MVE-1,

� Odometer Disclosure, and

� Itemized Statement of Repairs.

Below is a list of the four different situations and the additional requirements for each. For detailed instructions, just click on the check mark (√) or the Yes/No for the item in question. To the far right will be which situation requires that item.

SITUATION

Vehicle Value

Must be Sold at Public

Auction Mail

ing

Not

ices

to

Ow

ner

&

Lie

n H

old

er

New

spap

er

Not

ice

Han

dbil

l N

otic

e

Owner Known Exceeds

$100 Yes √√√√ √√√√

Owner Not Known Exceeds

$100 Yes √√√√

Owner Not Known $100 or

Less Yes √√√√

Owner Known (MMMMECHANIC ECHANIC ECHANIC ECHANIC RRRRETAINS ETAINS ETAINS ETAINS VVVVEHICLEEHICLEEHICLEEHICLE)

No* √√√√


MMMMECHANIC ECHANIC ECHANIC ECHANIC LLLLIEN IEN IEN IEN AAAAFFIDAVITFFIDAVITFFIDAVITFFIDAVIT AAAALL LL LL LL AAAAPPSPPSPPSPPS....

The mechanic must complete the Mechanic Lien Affidavit, TR-96. This includes the date the public sale was held, purchaser’s name, and the purchase price of the vehicle.

VVVVERIFICATION OF ERIFICATION OF ERIFICATION OF ERIFICATION OF LLLLAST AST AST AST RRRREGISTERED EGISTERED EGISTERED EGISTERED OOOOWNERWNERWNERWNER/L/L/L/LIENIENIENIEN HHHHOLDEROLDEROLDEROLDER AAAALL LL LL LL AAAAPPSPPSPPSPPS....

A verification of the last registered owner and lien holder, if applicable, must be obtained through the County Treasurer’s office, or the Titles and Registrations Bureau in Topeka or from Kansas.gov.

MVEMVEMVEMVE----1111 AAAALL LL LL LL AAAAPPSPPSPPSPPS....

A Motor Vehicle Examination, form MVE-1, issued by the Kansas Highway Patrol is required before applying for title.

OOOODOMETER DOMETER DOMETER DOMETER DDDDISCLOSURE ISCLOSURE ISCLOSURE ISCLOSURE SSSSTATEMENTTATEMENTTATEMENTTATEMENT AAAALL LL LL LL AAAAPPSPPSPPSPPS....

An Odometer Disclosure Statement (ODS), form TR-59, will be required if the vehicle is not exempt from this requirement. The ODS will be completed by the transferee only; there will be no signature or printed name for the transferor. An odometer reading is required for exempt vehicles.

IIIITEMIZED TEMIZED TEMIZED TEMIZED SSSSTATEMENT OF TATEMENT OF TATEMENT OF TATEMENT OF RRRREPAIRS OR EPAIRS OR EPAIRS OR EPAIRS OR IIIIMPROVEMENTSMPROVEMENTSMPROVEMENTSMPROVEMENTS AAAALL LL LL LL AAAAPPSPPSPPSPPS....

An itemized statement covering the work for repairs or improvements to the vehicle must must must must be attached to the Mechanic Lien Affidavit.

PPPPUBLIC UBLIC UBLIC UBLIC AAAAUCTIONUCTIONUCTIONUCTION AAAALLLLLLLL**** AAAAPPSPPSPPSPPS....

Kansas statute KSA 58-212 requires the vehicle be sold at public auction. The newspaper notice or the posted sales notice is the proof of public auction.

* However, if the owner is known, a mechanic can retain the vehicle (title vehicle in the business name) without public auction, unless an objection is received from the owner and/or lien holder within 15 days of mailing of the notices. If an objection is received, vehicle must be disposed meeting the requirements of “Owner Known – Value Exceeds $100”.

MMMMAILAILAILAILING ING ING ING NNNNOTICEOTICEOTICEOTICE((((SSSS)))) OOOOWNER WNER WNER WNER KKKKNOWNNOWNNOWNNOWN----EEEEXCEEDS XCEEDS XCEEDS XCEEDS $100$100$100$100

Notices to the owner and lien holder, if applicable, are to be sent by registered mail return receipt(s) indicating that the vehicle will be sold at public auction (to include date, time and place) if amount due is not paid within 15 days from date of mailing. Name(s) and address(es) on registered mail receipt must match verification information.


If a mechanic is charging storage fees in addition to the parts and labor, when such fee has accumulated for 30 days, notice must be sent by CERTIFIEDCERTIFIEDCERTIFIEDCERTIFIED mail to owner and lien holder of record. If the notice is not mailed before the 31st day, no additional storage fee beyond the 30 days charge can be assessed until such notice is mailed. Attach registered and/or certified mail receipt as proof.

NNNNEWSPAPER EWSPAPER EWSPAPER EWSPAPER NNNNOTICEOTICEOTICEOTICE OOOOWNER WNER WNER WNER KKKKNOWN OR NOWN OR NOWN OR NOWN OR NNNNOT OT OT OT KKKKNOWNNOWNNOWNNOWN----EEEEXCEEDS XCEEDS XCEEDS XCEEDS $100$100$100$100

Published newspaper notice shall contain the vehicle’s year, make, complete VIN, the date, time and place of sale.

IIIIF THE OWNER IS F THE OWNER IS F THE OWNER IS F THE OWNER IS NOT KNOWNNOT KNOWNNOT KNOWNNOT KNOWN, (to notify the owner or lien holder of claimant’s lien, and to advertise the public auction) the notice shall be published at least once a week for a period of three (3) consecutive weeks in the county where the sale is advertised to take place.

IIIIF THE OWNER IS KNOWNF THE OWNER IS KNOWNF THE OWNER IS KNOWNF THE OWNER IS KNOWN, (as declaration of public auction) the same newspaper notice information noted above applies except the notice only needs to be published once prior to the public auction.

If there is no newspaper published in the county, notice shall be published in a newspaper of general circulation. Attach the newspaper clipping of ad as proof of publication. If owner is not known, also attach copy of newspaper invoice indicating ad was run for 3 consecutive weeks. If more than one vehicle is listed in the newspaper ad, highlight or underline the vehicle information in the ad for the vehicle listed on this affidavit.

HHHHANDBILL ANDBILL ANDBILL ANDBILL NNNNOTICEOTICEOTICEOTICE OOOOWNER WNER WNER WNER NNNNOT OT OT OT KKKKNOWNNOWNNOWNNOWN----VVVVALUE IS ALUE IS ALUE IS ALUE IS $100$100$100$100 OR OR OR OR LLLLESSESSESSESS

Written or printed handbills posted in 5 public places within the township or city where mechanic is located or the sale is to take place may serve as notice of public sale. One handbill shall be posted in a conspicuous part of the mechanic place of business. Attach a copy of handbill as proof.

A handbill notice must contain the vehicle’s year, make and complete VIN, the date, time and place of sale and the following statement:

Notice is hereby given that I, (BUSINESS OWNER’S NAME) forwarding merchant, warehouse keeper, stage, express or railway company, hotel keeper, carrier or other bailee, under the firm name of (BUSINESS NAME) at, (CITY), Kansas, will offer for public sale and will sell to the best and highest bidder for cash, with the purpose of satisfying service and storage thereupon, the above referenced vehicle. The same is sold as the property of one (BUSINESS

NAME) and affiant does hereby receive the right to bid upon said vehicle.

Date Affiant Signature



If an individual or business different from the mechanic purchases the vehicle, the

purchaser must must must must apply for title and registration or apply for a Salvage, Non-Highway or

Nonrepairable title within 60 days from the assignment of the Mechanic Lien Sale

Affidavit. A "Title Only" cannotcannotcannotcannot be processed for this situation.


If the vehicle purchaser is the mechanic, an application for either a "Title Only" or "Title

and Registration" is acceptable. Application mustmustmustmust be made within 60 days of assignment of

the Mechanic Lien Sale Affidavit.

SALES TAX

If a fee has been exchanged for a vehicle, sales tax should be assessed and collected by the

County Treasurer.


58-201 58-202 58-210

58-211 58-212 58-213

58-214 58-215 58-247


POSSESSORY LIEN AFFIDAVIT

CONDITIONS

A business located in Kansas that provides a towing and recovery service as defined by law may file a Possessory Lien Affidavit, TR-85.

DISPOSE OF THE VEHICLE AFTER 30 DAYS

Any vehicle remaining in the possession of a person providing wrecker or towing service for a period of 30 days after such wrecker or towing service was provided, and complying with all requirements, may be sold to pay the reasonable or agreed charges for such recovery, transportation, protection, storage or safekeeping of such vehicle and personal property therein, the costs of such sale, the costs of notice to the owner of the vehicle and publication after giving the notices required by this Kansas statutes.

REQUIREMENT FOR ALL POSSESSORY LIENS

VVVVERIFICATION OF ERIFICATION OF ERIFICATION OF ERIFICATION OF LLLLAST AST AST AST RRRREGISTERED EGISTERED EGISTERED EGISTERED OOOOWNERWNERWNERWNER////LLLLIEN IEN IEN IEN HHHHOLDEROLDEROLDEROLDER

A verification of the last registered owner and lien holder, if applicable, must be obtained

through the County Treasurer’s office, the Titles and Registrations Bureau in Topeka or

Kansas.gov . The verification must be applied for not more than 30 days after taking

possession of the vehicle.

VINVINVINVIN VVVVERIFICATIONERIFICATIONERIFICATIONERIFICATION,,,, MVEMVEMVEMVE----1111 RRRREQUIREDEQUIREDEQUIREDEQUIRED

If the vehicle was not titled in Kansas, “No Record Found” verification is provided by the

division of vehicles, an MVE-1, VIN verification performed by the Kansas Highway Patrol

or their designee is requiredrequiredrequiredrequired.


An Odometer Disclosure Statement (ODS), form TR-59, will be required if the vehicle is not

exempt from this requirement. Exempt vehicles are those that are 10 or more model years

old and heavy trucks. The ODS will be completed by the transferee only; there will be no

signature or printed name for the transferor. An odometer reading is required for all

vehicles, including exempt.


PPPPOSSESSORY OSSESSORY OSSESSORY OSSESSORY LLLLIEN IEN IEN IEN AAAAFFIDAVITFFIDAVITFFIDAVITFFIDAVIT

The tow service must complete the Possessory Lien Affidavit, TR-85. All requirements

listed on the TR-85 with a revision date of June 2004 or later must be fulfilled.

CCCCOPY OF THE OPY OF THE OPY OF THE OPY OF THE TTTTOW AND OW AND OW AND OW AND SSSSTORAGE TORAGE TORAGE TORAGE NNNNOTICEOTICEOTICEOTICE

KSA 8-1103(b) states: At the time of providing wrecker or towing service, any person

providing such wrecker or towing service shall give written notice to the driver, if available,

of the vehicle being towed that a fee will be charged for storage of such vehicle. Failure to

give such written notice shall invalidate any lien established for such storage fee.

On the Possessory Lien Affidavit, TR-85 with a revision date of June 2004 or later, there is

a space to check “Tow Requested/Authorized By: [ ] Driver [ ] Law Enforcement.” If the

box for law enforcement is checked, a copy of the tow and storage notice is not necessary. If

the box for driver is checked or if no box is checked, then a copy of a tow request or a bill

that was signed by the driver before the vehicle was towed which states that a storage fee is

charged will meet this requirement.

VVVVEHICLE EHICLE EHICLE EHICLE OOOOWNER WNER WNER WNER KKKKNOWNNOWNNOWNNOWN----PPPPROOF OF ROOF OF ROOF OF ROOF OF WWWWRITTEN RITTEN RITTEN RITTEN NNNNOTICESOTICESOTICESOTICES

If the vehicle owner is known, within 15 days of providing the tow service a notice shall be

given to the owner, by certified mail, that the vehicle is being held subject to satisfaction of

the lien. The certified mail receipt will be the proof that the notice was given.

Within 10 days of receipt of the verification, a written notice must be sent by certified mail

to the last registered owner(s) and lien holder(s) stating that if the amount due, together

with storage, publication, notice and sale cost is not paid within 15 days from the date of

the mailing, the vehicle and personal property will be sold at public auction.

The notice shall also state the time, date and place of the sale. The certified mail receipt

will be the proof that written notice was mailed within the 10 day period.

NOTE KSA 8-1108 Invalidity of Lien. Failure to give any notice required under

provisions of the statute (KSA 8-1103 through 8-1108) shall stop the imposition of

storage fee, until the notice provisions are complied with in accordance with the

provisions of this act.


PPPPROOF OF ROOF OF ROOF OF ROOF OF PPPPUBLICATION OF UBLICATION OF UBLICATION OF UBLICATION OF SSSSALEALEALEALE

In order for the public to be informed of the sale, thus meeting the requirement of a public

sale, a notice must be published. The published notice must contain the vehicle’s year,

make, complete VIN number and the time, date and place of the sale. The notice must be

published in the county where sale is to be held. If there is no county newspaper, notice

shall be published in a newspaper of general circulation. A clipping of the ad showing the

date of the publication, or a copy of the ad and a copy of the bill from the newspaper

showing the date the ad was published will be the proof of publication.


The copy of the tow and storage bill/notice; copy of verification; odometer disclosure

statement, TR-59; owner known-certified mail receipts as proof of written notices; and proof

of publication of sale are to be attached to the Possessory Lien Affidavit, TR-85. The

properly completed Possessory Lien Affidavit and the required supporting paperwork will

be the titling documents for the vehicle. The purchaser must bring all these documents to

the County Treasurer’s office to make application for title and registration. The purchaser

will not be able to apply for title and registration if the tow service operator fails to provide

allallallall the required documents mentioned. Attach Possessory Lien Affidavit and supporting

paperwork to application.


If an individual or business, different from the seller, purchases the vehicle(s) the purchaser

must must must must apply for title and registration or apply for a Salvage, Non-Highway or Nonrepairable

title within 60 days from the assignment of the Possessory Lien Affidavit. Exception: A

Kansas licensed dealer may apply for a "Title Only.”


If the vehicle purchaser is the same as the seller, an application for either a "Title Only" or

"Title and Registration" is acceptable. Application mustmustmustmust be made within 60 days of

assignment of the Possessory Lien Affidavit.


SALES TAX


County Treasurer.


66-1329 8-1103 8-1104

8-1105 8-1107 8-1108


LANDLORD AFFIDAVIT

CONDITIONS FOR FILING A LANDLORD AFFIDAVIT

A landlord of a dwelling or building may file a Landlord Affidavit (TR-125) when a vehicle

has been left/abandoned on said premises by a tenant.

The vehicle must be in the landlord’s possession for thirty (30) days or longer after the

vehicle was left/abandoned.

A Landlord’s Affidavit CANNOT be used for mobile or manufactured homes.

REQUIREMENTS FOR A LANDLORD AFFIDAVIT

PPPPROOF THAT ROOF THAT ROOF THAT ROOF THAT TTTTENANT WAS ENANT WAS ENANT WAS ENANT WAS RRRRENTING OR ENTING OR ENTING OR ENTING OR LLLLEASING FROM EASING FROM EASING FROM EASING FROM LLLLANDLORDANDLORDANDLORDANDLORD

A copy of the rent/lease agreement or proof of rent payment from tenant to landlord will

document this requirement. Attach to the TR-125

VVVVERIFIERIFIERIFIERIFICATION OF CATION OF CATION OF CATION OF LLLLAST AST AST AST RRRREGISTERED EGISTERED EGISTERED EGISTERED OOOOWNER AND WNER AND WNER AND WNER AND LLLLIENIENIENIEN HHHHOLDEROLDEROLDEROLDER

A verification of the last registered owner and lien holder(s), if applicable, must be obtained

through the County Treasurer’s office, or the Titles and Registrations Bureau in Topeka or

from the Kansas.gov . Attach the verification to the TR-125. If there is no Kansas record

for the vehicle, a “No Record Letter” is to be attached to the TR-125.

PPPPROOF OF ROOF OF ROOF OF ROOF OF PPPPUBLICATIONUBLICATIONUBLICATIONUBLICATION

A copy of the newspaper notice which was published ONCE in a newspaper where the

dwelling is located. The notice mustmustmustmust be published at least fifteen (15) days prior to the sale

or disposition of the vehicle. The newspaper clipping mustmustmustmust be attached as proof of

publication. The vehicle’s make, year, VIN and the time, date and location of the sale mustmustmustmust

be included in the published notice.

PPPPROOF OF ROOF OF ROOF OF ROOF OF WWWWRITTEN RITTEN RITTEN RITTEN NNNNOTICE OTICE OTICE OTICE


If the verification listed an owner and lien holder, if applicable, within seven (7) days after

the publication, a copy of the public notice mustmustmustmust be mailed to the tenant's last known

address and to the lien holder(s) (if applicable). Proof of registered or certified mailing is is is is

requiredrequiredrequiredrequired as proof of written notice is to be attached to the TR-125.

If the vehicle owner’s name on the verification is different than the tenant’s name, the

landlord is to send a notice by registered or certified mail to the owner’s name and address

and lien holder, if applicable, on the verification. Attach proof of registered or certified

mailing to the TR-125.

VINVINVINVIN VVVVERIFICATIONERIFICATIONERIFICATIONERIFICATION

If the vehicle was not titled in Kansas (No Record Verification), an MVE-1, VIN verification

performed by the Kansas Highway Patrol or their designee is requiredrequiredrequiredrequired. Attach MVE-1 to

the TR-125.


An Odometer Disclosure Statement (ODS), form TR-59, will be required if the vehicle is not

exempt from this requirement. The ODS will be completed by the transferee only, there

will be no signature or printed name for the transferor. An odometer reading is required for

exempt vehicles. Attach the TR-59 to the TR-125.

LLLLANDLORD ANDLORD ANDLORD ANDLORD AAAAFFIDAVITFFIDAVITFFIDAVITFFIDAVIT

The landlord must complete the Landlord Affidavit, TR-125. This includes the date the

public sale was held, purchaser’s name, and the purchase price of the vehicle.


The Landlord Affidavit and the required supporting paperwork are the titling documents

for the vehicle. The purchaser will not be able to apply for title and registration if the

landlord fails to provide all the required documents listed. Attach Landlord Affidavit and

supporting paperwork to application.



If an individual or business different from the seller purchases the vehicle, the purchaser

must must must must apply for title and registration or apply for a Salvage, Non-Highway or Nonrepairable

title within 60 days from the assignment of the Landlord Affidavit. A "Title Only" cannotcannotcannotcannot

be processed for this situation.


If the vehicle purchaser is the same as the seller, an application for either a "Title Only" or

"Title and Registration" is acceptable. Application mustmustmustmust be made within 60 days of

assignment of the Landlord’s Affidavit.

SALES TAX


County Treasurer.


58-2543 58-2565


TRANSFER ON DEATH-TOD

Any beneficiary may be added or deleted at any time by the vehicle owner(s)

by applying for a title and transfer and paying the title AND transfer fee.

TOD BENEFICIARY ON TITLE

AAAADDING DDING DDING DDING TODTODTODTOD TO TO TO TO TTTTITLEITLEITLEITLE

To add a TOD to a title, the owner is to submit the current title to the Treasurer’s office.

The owner is to inform the Treasurer’s office how the TOD beneficiaries are to be listed on

the new title. The beneficiaries will have no legal ownership or claim to the vehicle until all

owner(s) of the motor vehicle are deceased.

BBBBENEFICIARIESENEFICIARIESENEFICIARIESENEFICIARIES,,,, TTTTRUSTSRUSTSRUSTSRUSTS,,,, BBBBUSINESSUSINESSUSINESSUSINESS

The owner can have one or two TOD beneficiaries for a vehicle. Consent or approval by the

beneficiary(s) to be added to or deleted from the title is not required.

A trust can also be listed as a TOD. There is a space limit of the number of spaces available

for the TOD names. Only forty (40) spaces are available. To effectively use the limited

space, only the last name of the person(s) listed in the trust will be used. Next will come

the type of trust. If space permits, the date of the trust can be entered. If there is not

enough space to show entire the date, omit the entire date.

It will also be allowable for business entities, including non-profit agencies, corporations,

LLC’s, associations, partnership, etc., to be listed as a TOD beneficiary. These entities will

be processed in the same way as an individual.

CCCCHANGING HANGING HANGING HANGING BBBBENEFICIARY ENEFICIARY ENEFICIARY ENEFICIARY DDDDESIGNATIONS ESIGNATIONS ESIGNATIONS ESIGNATIONS

The owner without the consent or approval of the beneficiary may change beneficiary

designations at any time.


BBBBENEFICIARY ENEFICIARY ENEFICIARY ENEFICIARY DDDDIES IES IES IES BBBBEFORE THE EFORE THE EFORE THE EFORE THE OOOOWNERWNERWNERWNER

If the beneficiary dies before the owner, the gift fails. The estate of a TOD beneficiary

CANNOT claim the vehicle due to the TOD on the title. If the owner and the TOD beneficiary

are both deceased, the vehicle will be part of the owner’s estate and can be transferred by

probated will or if there is not probated will, a Decedent Affidavit, TR-83a or Claim of Heir

Affidavit, TR-83b.

TITLING VEHICLE INTO TOD’S NAME

VVVVERIFICATIONERIFICATIONERIFICATIONERIFICATION

Verification the vehicle was last titled in Kansas is required. The verification must show

the deceased as owner and the name(s) of the TOD beneficiary(s). The verification can be:

the current title, the last registration receipt, or a verification of title issued by the County

Treasurer, the Kansas Division of Vehicles or Kansas.gov.

If the TOD beneficiary(s) does not appear on the title, the closest surviving heir(s) cancancancan

utilize the Decedent Affidavit or the Claim of Heir Affdavit.utilize the Decedent Affidavit or the Claim of Heir Affdavit.utilize the Decedent Affidavit or the Claim of Heir Affdavit.utilize the Decedent Affidavit or the Claim of Heir Affdavit.

DDDDEATH EATH EATH EATH CCCCERTIFICATEERTIFICATEERTIFICATEERTIFICATE

A copy of the death certificate for the owner(s) shown on the Kansas title must be

submitted.

VVVVEHICLE HAS A EHICLE HAS A EHICLE HAS A EHICLE HAS A LLLLIENIENIENIEN

The TOD beneficiary would assume any liens noted on the title. A lien holder’s consent to

transfer ownership to beneficiary, TR-128 or release of lien must be submitted at the time

of application.

BBBBENEFICIARY ENEFICIARY ENEFICIARY ENEFICIARY DDDDISCLAIMS ISCLAIMS ISCLAIMS ISCLAIMS IIIINTERESTNTERESTNTERESTNTEREST

If a beneficiary shown on the title wishes to disclaim interest in the vehicle, the

disinterested beneficiary must provide an affidavit conveying their interest to the other

named beneficiary. At least one of the beneficiaries listed on the title must title the vehicle

in their name before transferring the ownership of the vehicle. If there is only one

beneficiary, that person cannot disclaim interest in the vehicle.


OOOONE AND THE NE AND THE NE AND THE NE AND THE SSSSAME AME AME AME AAAAFFIDAVITFFIDAVITFFIDAVITFFIDAVIT

If the name of a beneficiary listed on the deceased title is not the way the beneficiary wants it listed on the new title, a One and the Same Affidavit, TR-12, will be required.

TTTTRUSTS OR RUSTS OR RUSTS OR RUSTS OR BBBBUSINESSUSINESSUSINESSUSINESS

If the beneficiary is a trust, a completed Certification of Trust, TR-81, may be used. Use the full name of the trust as shown on the trust documents when completing the title application to transfer into the trust name.

Business entities, including non-profit agencies, corporations, LLC’s, associations, partnership, etc. will be processed in the same way as an individual.

TTTTRANSFER ON RANSFER ON RANSFER ON RANSFER ON DDDDEATH EATH EATH EATH AAAAFFIDAVITFFIDAVITFFIDAVITFFIDAVIT

The beneficiary(s) must submit a completed Transfer on Death Affidavit, TR-82.

MMMMAKING AKING AKING AKING AAAAPPLICATIONPPLICATIONPPLICATIONPPLICATION

The beneficiary(s) may make application for either a “Title Only” or “Title and Registration.” The application must be made at the County Treasurer’s office in the county in which the beneficiary resides. All the documents listed under “Titling Vehicle into TOD’s Name” above must be submitted at the time of application.

If there are two beneficiaries living in two different Kansas counties or one in Kansas and the other in another state, the application can be made in the county or state of the beneficiaries’ choice. If the beneficiaries do not live in Kansas, it is the beneficiaries’ responsibility to make application in the proper jurisdiction.

There is no sales tax due.

The registration issued to the deceased owner cannot be transferred to the beneficiary(s), unless the beneficiary is the surviving spouse.


8-135


VALUELESS MOBILE/MANUFACTURED HOME AFFIDAVIT

CONDITIONS FOR USING A VALUELESS MOBILE/MANUFACTURED HOME AFFIDAVIT

Valueless Mobile/Manufactured Home means a home located in a mobile home park including all other personal property, where ALLALLALLALL of the following conditions exist:

• The home is considered abandoned if a tenant has been absent from the mobile home

without reasonable explanation for 30 days or more during which time there is a default

of rent three days after rent is due.

• A lien of record, other than a tax lien, does not exist against the home. A lien exists only

if the real property owner receives notice of a lien or a lien has been filed in the state or

county records on a date before the home is considered to be valueless.

• The value of the home and other personal property is equal to or less than the

reasonable cost of disposal plus all sums owing to the real property owner pertaining to

the home.

• The mobile home park owner must wait at least 30 days before removing the home.

The mobile home park owner CANNOT receive consideration for the valueless mobile/manufactured home and personal property. It only allows the park owner to remove the home and personal property to a demolisher, sanitary land fill, or other lawful disposal site or allow a disinterested third party to remove the valueless home and personal property in a transaction in which the park owner receives no consideration.

FILING AFFIDAVIT WITH COUNTY TREASURER

The Valueless Mobile/Manufactured Home Affidavit, TR-62, must be submitted to the County Treasurer’s office in the county in which the mobile home park is located within ten (10) days of foreclosure by the mobile home park owner.

REQUIREMENTS FOR DISINTERESTED THIRD PARTY


The following documents mustmustmustmust be attached to a copy of the Valueless Mobile/Manufactured Home Affidavit when mobile/manufacture home is disposed of by a mobile home park owner for NO CONSIDERATION:

• Copy of the rental or lease agreement between the mobile home park owner and the tenant.

• Copy of the lien notice that was posted on the mobile/manufactured home by the mobile park owner. The notice must include the date the notice was posted.

• Copy of the standardized registration. (KSA 58-227 requires that a mobile home park tenant fill out a standardized registration showing the home’s year, make, serial number, if there is a lien and if so with whom, and the name of the legal owner. The park owner is required to keep this card or form as long as the home is in the park.)

• Proof of mailing mobile home park owner’s lien notice to tenant by registered mail.

• Proof of mailing mobile home park owner’s lien notice to lien holder(s) by registered mail, if applicable.

ISSUING TITLE TO THE DISINTERESTED THIRD PARTY

The disinterested third party who has removed the valueless mobile/manufactured home must submit a copy of the Valueless Mobile/Manufactured Home Affidavit and all the above required documentation to the County Treasurer’s office in the county in which the home is going to be located when applying for a Mobile/Manufactured Home title. Attach Valueless Mobile/Manufactured Home Affidavit and supporting paperwork to application.


58-227 58-4213 58-25,103

58-25,121


CHARITABLE ORGANIZATION VEHICLE AUCTIONS

CONDITIONS

� The charitable organization must be exempt from federal income taxation pursuant to section 501(c)(3).

� The charitable organization must be an eligible recipient of a charitable contribution pursuant to section 170(c)(2) of the federal internal revenue code.

� The motor vehicle must be donated to the charitable organization for the purpose of selling such motor vehicle at a charitable auction.

� The proceeds of the auction are to be used for the benefit of such charitable organization.

� The certificate of title of such motor vehicle has been assigned to the charitable organization.

CHARITABLE ORGANIZATION MUST APPLY FOR TITLE ONLY

A charitable organization meeting the above requirements and completing an Affidavit for Charitable Organization Vehicle Auction, form TR-110, must make application for a Title Only in the organization’s name before auctioning the vehicle.

SALES TAX

A sales tax exemption is required.

OPERATION OF VEHICLE NOT PERMITTED

It is unlawful for any person to operate or knowingly permit the operation in this state of a motor vehicle required to be registered. The motor vehicles donated to a charitable organization cannot be test driven on public roadways without being registered and displaying a license plate.


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