[§200A-21] Application for transfer of ownership or termination of security interest without certificate of title.

310 words·~1 min read·/hi/200a-21

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[§200A-21] Application for transfer of ownership or termination of security interest without certificate of title .

(a)Except as otherwise provided in section 200A-19 or 200A-20, if the department receives, unaccompanied by a signed certificate of title, an application for a new certificate that includes an indication of a transfer of ownership or a termination statement, the department may create a new certificate under this section only if:

(1)All other requirements under sections 200A-7 and 200A-8 are met;

(2)The applicant provides an affidavit stating facts showing the applicant is entitled to a transfer of ownership or termination statement;

(3)The applicant provides the department with satisfactory evidence that notification of the application has been sent to the owner of record and all persons indicated in the department's files as having an interest, including a security interest, in the vessel, at least forty-five days have passed since the notification was sent, and the department has not received an objection from any of those persons; and

(4)The applicant submits any other information required by the department as evidence of the applicant's ownership or right to terminate the security interest, and the department has no credible information indicating theft, fraud, or an undisclosed or unsatisfied security interest, lien, or other claim to an interest in the vessel.

(b)The department may indicate in a certificate of title created under subsection

(a)that the certificate was created without submission of a signed certificate or termination statement. Unless credible information indicating theft, fraud, or an undisclosed or unsatisfied security interest, lien, or other claim to an interest in the vessel is delivered to the department no later than one year after creation of the certificate, on request in a form and manner required by the department, the department shall remove the indication from the certificate. [L 2018, c 46, pt of §1]