ASSEMBLED OR SPECIALLY CONSTRUCTED VEHICLES

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2 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 must 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 must 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 must 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 Certificate 1. IN ADDITION TO THIS PROOF, the applicant will need a bill of sale 2 from the person the applicant purchased the uni-body vehicle from and a bill of sale 2 from the person the applicant purchased the engine from. 1 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. 2 The bills of sale must 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. April County Treasurer's Manual

3 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, must 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 April County Treasurer's Manual

4 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 MANUFACTURED IN 1953 OR EARLIER 1953 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. MANUFACTURED IN 1954 OR LATER 1954 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 MANUFACTURED IN 1955 OR EARLIER 1955 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. MANUFACTURED IN 1956 OR LATER ATER: 1956 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. April County Treasurer's Manual

5 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 be made to the Kansas Highway Patrol. (See Special Identification Number Requirements.) TRAILERS All Trailers 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 be made to the Kansas Highway Patrol. (See Special Identification Number Requirements.) STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.) April County Treasurer's Manual

6 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 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." April County Treasurer's Manual

7 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 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. applicant will present the completed MVE-1 form and the current title to the County Treasurer's Office for retitling purposes. The STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.) a April County Treasurer's Manual

8 FAMILY MEMBERS ONLY ADDING OR REMOVING NAME FROM TITLE 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 must 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. RELATIONSHIP CODE AND REMOVING A NAME 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, all 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, must be obtained from the lien holder before a name will be added or removed. STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.) 8-135a April County Treasurer's Manual

9 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. April County Treasurer's Manual

10 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 and 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). April County Treasurer's Manual

11 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 b. 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 must be submitted and attached to the title application. The registration may be transferred to the surviving spouse ONLY ONLY. April County Treasurer's Manual

12 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. RECOMMENDED RETITLING 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 ORDER OF INHERITANCE 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. Married: 1 st ) Surviving spouse, then; 2 nd ) ALL children, then; 3 rd ) Parent(s) of last the surviving owner, then; 4 th ) ALL Siblings. Never Married: 1 st ) ALL children, then; 2 nd ) Parent(s), then; 3 rd ) ALL Siblings then; 4 th ) ALL Aunts and Uncles. April County Treasurer's Manual

13 Single Parent: 1 st ) ALL children, then; 2 nd ) Parent(s), then; 3 rd ) ALL Siblings. USING AFFIDAVIT 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 must 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 ONLY SALES TAX ONLY. Sales tax exemption listing the heirs relationship to the deceased is required. Attach to application. PROOF OF OWNERSHIP 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 CANNOT be added to the decedent title. MINOR CHILDREN 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. ODOMETER DISCLOSURE STATEMENT April County Treasurer's Manual

14 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. STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.) b April County Treasurer's Manual

15 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 must be submitted at the time of application. Attach to application. PROOF OF OWNERSHIP The title, current or previous registration receipt or verification of title may be submitted at the time of application, BUT IS NOT REQUIRED. REGISTRATION 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 must 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. PROOF OF OWNERSHIP The title, current or previous registration receipt or verification of title must be submitted at the time of application. Attach to application. REGISTRATION If the applicant s name was not on the previous title, a new registration and license plate must be issued. April County Treasurer's Manual

16 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. PROOF OF OWNERSHIP If the vehicle is not described in the court order, the title, current or previous registration receipt or verification of title must be submitted at the time of application. Attach to application. REGISTRATION 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 must 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. April County Treasurer's Manual

17 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); April County Treasurer's Manual

18 A copy of the Notice of Security (NSI) summary (perfection) letter generated by the Kansas Department of Revenue (NOT the 90 day letter that no application has been received); Verification of ownership from the County Treasurer s office, Division of Vehicles or the Kansas.gov. NAM AMES ON VERIFICATION DO NOT MATCH REPOSSESSION AFFIDAVIT 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). VIN VIN VERIFICATION ERIFICATION-MVE MVE-1 Vehicles titled in an out-of-state jurisdiction must have a VIN verification (MVE-1 form). Attach the pink copy of the MVE-1 to the application*. * VIN VIN INSPECTION EXEMPTION If the vehicle is: Titled in another jurisdiction or the assignment is on another jurisdiction s title, and Located out-of-state, and WILL 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. ODOMETER DISCLOSURE STATEMENT Unless the vehicle is exempt, an odometer disclosure statement, form TR-59, must be completed by the 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 April County Treasurer's Manual

19 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 , the transaction is not regarded as a sale and is NOT 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. STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.) April County Treasurer's Manual

20 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 LENGTH OF TIME IMPOUND MPOUNDED The vehicle must be impounded fifteen (15) days or longer. ABANDONED VEHICLE AFFIDAVIT A completed "Abandoned Vehicle Affidavit, TR-105" must be given to the purchaser of the vehicle. VERIFICATION OF LAST REGISTERED OWNER Verification of the last registered owner 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 ; from the Kansas.gov or from the law enforcement agency conducting the sale. PROOF OF NOTIFICATION If the vehicle is registered in Kansas, the public agency 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 be attached to documentation provided to the vehicle purchaser. April County Treasurer's Manual

21 PROOF OF PUBLICATION Proof that the notice was published during two (2) consecutive weeks in a county newspaper with general circulation. Notice 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. ODOMETER DISCLOSURE REQUIREMENT A TR-59 must be completed only by the transferee, unless the vehicle is exempt from the requirement. An odometer reading must be provided for exempt vehicles. SUBMITTING PAPERWORK The Abandoned Vehicle Affidavit and the required supporting paperwork are the required titling documents for the vehicle. The purchaser WILL 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 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" cannot 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 must 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. STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.) April County Treasurer's Manual

22 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. ODOMETER DISCLOSURE STATEMENT 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. SUBMITTING PAPERWORK 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; April County Treasurer's Manual

23 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. STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.) April County Treasurer's Manual

24 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 POSSESSION for 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 Owner Known Owner Not Known Owner Not Known Owner Known (MECHANIC RETAINS VEHICLE EHICLE) Vehicle Value Exceeds $100 Exceeds $100 $100 or Less Must be Sold at Public Auction Mailing Notices to Owner & Lien Holder Newspaper Notice Yes Yes Yes No* Handbill Notice April County Treasurer's Manual

25 MECHANIC LIEN AFFIDAVIT ALL APPS PPS. 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. VERIFICATION OF LAST REGISTERED OWNER WNER/L /LIEN HOLDER /L ALL APPS PPS. 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. MVE-1 ALL APPS PPS. A Motor Vehicle Examination, form MVE-1, issued by the Kansas Highway Patrol is required before applying for title. ODOMETER DISCLOSURE STATEMENT ALL APPS PPS. 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. ITEMIZED STATEMENT OF REPAIRS OR IMPROVEMENTS ALL APPS PPS. An itemized statement covering the work for repairs or improvements to the vehicle must be attached to the Mechanic Lien Affidavit. PUBLIC AUCTION ALL LL* APPS PPS. Kansas statute KSA 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. MAIL AILING ING NOTICE OTICE(S) OWNER KNOWN NOWN-EXCEEDS $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. April County Treasurer's Manual

26 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 CERTIFIED mail to owner and lien holder of record. If the notice is not mailed before the 31 st 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. NEWSPAPER NOTICE OWNER KNOWN OR NOT KNOWN NOWN-EXCEEDS $100 $100 Published newspaper notice shall contain the vehicle s year, make, complete VIN, the date, time and place of sale. IF THE OWNER IS NOT 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. IF 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. HANDBILL NOTICE OWNER NOT KNOWN NOWN-VALUE IS $100 OR LESS $100 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 April County Treasurer's Manual

27 PURCHASER IS AN INDIVIDUAL OR BUSINESS If an individual or business different from the mechanic purchases the vehicle, the purchaser 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" cannot be processed for this situation. PURCHASER IS THE SELLER If the vehicle purchaser is the mechanic, an application for either a "Title Only" or "Title and Registration" is acceptable. Application must 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. STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.) April County Treasurer's Manual

28 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 VERIFICATION OF LAST REGISTERED OWNER WNER/LIEN HOLDER 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. VIN VERIFICATION ERIFICATION, MVE-1 REQUIRED VIN MVE 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 required. ODOMETER DISCLOSURE STATEMENT 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. April County Treasurer's Manual

29 POSSESSORY LIEN AFFIDAVIT 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. COPY OF THE TOW AND STORAGE NOTICE KSA (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. VEHICLE OWNER KNOWN NOWN-PROOF OF WRITTEN NOTICES 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 Invalidity of Lien. Failure to give any notice required under provisions of the statute (KSA through ) shall stop the imposition of storage fee, until the notice provisions are complied with in accordance with the provisions of this act. April County Treasurer's Manual

30 PROOF OF PUBLICATION OF SALE 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. SUBMITTING PAPERWORK 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 all the required documents mentioned. Attach Possessory Lien Affidavit and supporting paperwork to application. PURCHASER IS AN INDIVIDUAL OR BUSINESS If an individual or business, different from the seller, purchases the vehicle(s) the purchaser 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. 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 must be made within 60 days of assignment of the Possessory Lien Affidavit. April County Treasurer's Manual

31 SALES TAX If a fee has been exchanged for a vehicle, sales tax should be assessed and collected by the County Treasurer. STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.) April County Treasurer's Manual

32 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 PROOF THAT TENANT WAS RENTING OR LEASING FROM LANDLORD 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 VERIFI ERIFICATION OF LAST REGISTERED OWNER AND LIEN HOLDER 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. PROOF OF PUBLICATION A copy of the newspaper notice which was published ONCE in a newspaper where the dwelling is located. The notice must be published at least fifteen (15) days prior to the sale or disposition of the vehicle. The newspaper clipping must be attached as proof of publication. The vehicle s make, year, VIN and the time, date and location of the sale must be included in the published notice. PROOF OF WRITTEN NOTICE April County Treasurer's Manual

33 If the verification listed an owner and lien holder, if applicable, within seven (7) days after the publication, a copy of the public notice must be mailed to the tenant's last known address and to the lien holder(s) (if applicable). Proof of registered or certified mailing is required 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. VIN VIN VERIFICATION 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 required. Attach MVE-1 to the TR-125. ODOMETER DISCLOSURE STATEMENT 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. LANDLORD AFFIDAVIT 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. SUBMITTING PAPERWORK 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. April County Treasurer's Manual

34 PURCHASER IS AN INDIVIDUAL OR BUSINESS If an individual or business different from the seller purchases the vehicle, the purchaser 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" cannot 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 must be made within 60 days of assignment of the Landlord s Affidavit. SALES TAX If a fee has been exchanged for a vehicle, sales tax should be assessed and collected by the County Treasurer. STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.) April County Treasurer's Manual