Notice of Lien

PURPOSE: This rule outlines the requirements for the perfection of a lien on a motor vehicle, trailer, manufactured home, all terrain vehicle, boat, or outboard motor by physical delivery or electronic filing of the notice of lien. (1) A lien on a motor vehicle, trailer, manufactured home, all terrain vehicle, boat, or outboard motor is perfected when a notice of lien meeting the requirements in section (2) is delivered to the director of revenue, whether or not the ownership thereof is being transferred. A processing fee is collected when the notice of lien is delivered to the director. Delivery to the director of revenue may be physical delivery of the notice of lien to the director by mail, or to the director or agent of the director in a Department of Revenue office, or by electronic filing of the notice of lien. A received date stamp placed on the notice of lien application receipt or an electronic confirmation receipt issued by the director or his/her agent will be prima facie proof of the date of delivery. (2) A notice of lien for a motor vehicle, trailer, manufactured home, all terrain vehicle, boat, or outboard motor shall be in a form or electronic format provided or approved by the director of revenue. The notice of lien shall contain, but not be limited to, the following information: (A) Name and address of owner(s); (B) Unit description, by make, and identification number; (C) Purchase date; (D) Name and address of first and second lienholder(s), if applicable; and (E) Subject to future advances if applicable. (3) As used in this rule, the term “boat” includes all motorboats, vessels, or watercraft as the terms are defined in section 306.010, RSMo. (4) Any lienholder who elects to file a lien electronically must apply to use this option and be approved by the director. AUTHORITY: sections 301.600, 301.610, 301.620, 301.660, 306.400, 306.405, 306.410, 306.430, 700.350, 700.355, 700.360, and 700.380, RSMo Supp. 2011.* Emergency rule filed Aug. 18, 1999, effective Aug. 28, 1999, expired Feb. 23, 2000. Original rule filed Aug. 18, 1999, effective Feb. 29, 2000. Amended: Filed June 13, 2000, effective Dec. 30, 2000. Amended: Filed April 9, 2003, effective Oct. 30, 2003. Amended: Filed Oct. 6, 2006, effective April 30, 2007. Amended: Filed Jan. 17, 2012, effective July 30, 2012. *Original authority: 301.600, RSMo 1965, amended 1989, 1999, 2000, 2001, 2002, 2008, 2011; 301.610, RSMo 1965, amended 1990, 1992, 1999, 2002, 2008; 301.620, RSMo 1965, amended 1990, 1992, 1999, 2002, 2008; 301.660, RSMo 1965, amended 1990, 2002, 2008; 306.400, RSMo 1985, amended 1999, 2000, 2002, 2008, 2011; 306.405, RSMo 1985, amended 1999, 2002, 2008; 306.410, RSMo 1985, amended 1999, 2000, 2002, 2003, 2008, 2009; 306.430, RSMo 1985, amended 2002, 2008; 700.350, RSMo 1985, amended 1989, 2002, 2008, 2010, 2011; 700.355, RSMo 1985, amended 2002, 2008; 700.360, RSMo 1985, amended 2002, 2008, 2010; and 700.380, RSMo 1985, amended 2002, 2008.