6-1
Section 6
Creation and
Release of
Liens
Creation of a Lien
Below is a summary of documents and fees required based on the type of
transaction:
To add a second lien, the first lienholder’s authorized agent must sign the
lienholder authorization box on the notice of lien form. The owner may submit
the above listed items to his or her local license office or mail them to the
Motor Vehicle Bureau, Post Office Box 100, Jefferson City, MO 65105-0100.
The information below is an excerpt from Section 6 of the Missouri Titling
Manual, available at:
http://dor.mo.gov/mvdl/motorv/titleman/.
TYPE
TYPE OF UNIT
REQUIRED
DOCUMENTS
FEES
Motor vehicle,
Trailer, all
-Terrain
Vehicle, and
Manufactured Home
Fourth and Fifth
copies of
form DOR -
108
; or Form DOR -
4809
$6.00
processing/
agent fee
Filing
First/S
econd
Lien,
C
hang of
Ownership
Vessel, Outboard
Motor
Form DOR -4809
$6.00
processing/
agent fee
Motor Vehicle,
Trailer, All Terrain
Vehicle,
Manufactured Home
D O R -108 w / “Title
and Notice of Lien”
checked;
or
D O R
-108 (all 5
parts);
or
D O R
-108A and
D O R
-4809; and
Certificate of title
$8.50 title fee
$12.00
processing/
agent fee
Filing
First/Second
Lien,
No
Change of
Ownership
Vessel, Outboard Motor
Completed form DOR -
93;
Form DOR -4809; and
Certificate of Title
$7.50 title fee
for vessels or
$
12.00
outboard
motor
title fee
$12.00
processing/
agent fee
Creation and Release of Liens
• All certificates of title will be mailed to the owner named on the certificate
of title unless the owner designates a “Mail-to” on the application for title
or provides written authorization for other handling.
• To perfect a lien on a motor vehicle, trailer, manufactured
home, boat, or outboard motor, see the chart below.
o If there is a complete change of ownership,
file your lien online at:
https://dors.mo.gov/dmv/nol/loginLink.do
• A lien is a claim on the property of another, i.e., vehicle, vessel,
etc., as security for payment of a debt.
Perfecting a Lien
Missouri law states that for a lien to be perfected the date it is created, and to protect
the creditor from the buyer's/debtor's possible bankruptcy, the notice of lien should
be perfected (rec
eived by the department) within 30 days from the date of the loan.
6-2
Releasing a Lien
On a motor vehicle, trailer, manufactured home, vessel, or outboard motor,
Sections
301.640, 306.420, and 700.370, RSMo require the lienholder to
release the lien on a separate document within
5
business days after the lien is
satisfied. The release document sh
all be notarized. Each perfected second
lienholder, if any, shall release such lien in the same manner.
• Lien releases made on or after July 1, 2003, may no longer be
released on the face of a Missouri title, but must be released as
follows:
o If the lienholder is an individual, a notice of release (lien release
section of DOR-4809) must be completed, signed, and notarized
.
An estate executor may release the lien by submitting the above
with an original or certified copy of the probate court order.
o If the lienholder is a business entity, a completed, signed,
and notarized notice of release (lien release section of DOR-
4809) or a notarized lien release on the lienholder’s
letterhead listing the year, make, vehicle identification
number, lien release
date, lienholder name and signature, and
vehicle owner’s information must be submitted; or
A faxed copy may be accepted as long as the notary
information is legible.
o If the above cannot be obtained, the original security agreement
stamped “paid” with the official seal of the lienholder will be
accepted. The seal must contain the lienholder’s business name (a
stamp that only shows “paid” is not acceptable).
• Liens released prior to July 1, 2003, may be released on the face of the title or
as listed above and do not have to be notarized.
• If the owner is unable to obtain a lien release, a court order instructing
the director of revenue to release the lien must be submitted.
• Some states still require the lien to be released on the face of the title. For
these states, Missouri will accept this method of lien release. The out-of-state
title must be notarized only if that state currently requires the release to be
notarized.
•
To release a lien recorded on a certificate of title when the accounts/assets of
the lienholder have been taken over by the FDIC due to insolvency and/or
liquidation, a document from the FDIC must be submitted.
o
o
The document from the FDIC must grant power of attorney to the
receiver of the account and list the names of the insolvent lienholder
and the lienholder that took over the account. If the power of attorney
references an “asset pool” only, rather than the name of the insolvent
lienholder, a separate document listing the insolvent lienholder is
required.