HB 524, 2015 (Amended Section - as Truly Agreed)
301.640. 1. Within five business days after the satisfaction
of any lien or encumbrance of a motor vehicle or trailer, the
lienholder shall release the lien or encumbrance on the certificate,
[or] on a separate document, or electronically
under section 32.096 and any rules and regulations adopted thereunder,
and mail or deliver the certificate or a separate document to
the owner or any person who delivers to the lienholder an authorization
from the owner to receive the certificate or such documentation.
The release on the certificate or separate document shall be
notarized. Each perfected subordinate lienholder, if any, shall
release such lien or encumbrance as provided in this section
for the first lienholder. The owner may cause the certificate
to be mailed or delivered to the director of revenue, who shall
issue a new certificate of ownership upon application and payment
of the required fee. A lien or encumbrance shall be satisfied
for the purposes of this section when a lienholder receives payment
in full in the form of certified funds, as defined in section
381.410, or when the lienholder receives payment in full electronically
or by way of electronic funds transfer, whichever first occurs.
2. If the electronic certificate of ownership is in the possession of the director of revenue, the lienholder shall notify the director within five business days after any release of a lien and provide the director with the most current address of the owner or any person who delivers to the lienholder an authorization from the owner to receive the certificate or such documentation. The director shall note such release on the electronic certificate and if no other lien exists the director shall mail or deliver the certificate free of any lien to the owner or any person who has delivered to the lienholder an authorization from the owner to receive the certificate or such documentation from the director.
3. If the purchase price of a motor vehicle or trailer did not exceed six thousand dollars at the time of purchase, a lien or encumbrance which was not perfected by a motor vehicle financing corporation whose net worth exceeds one hundred million dollars, or a depository institution, shall be considered satisfied within six years from the date the lien or encumbrance was originally perfected unless a new lien or encumbrance has been perfected as provided in section 301.600. This subsection does not apply to motor vehicles or trailers for which the certificate of ownership has recorded in the second lienholder portion the words "subject to future advances".
4. Any lienholder who fails to timely comply with subsection 1 or 2 of this section shall pay to the person or persons satisfying the lien or encumbrance liquidated damages up to a maximum of two thousand five hundred dollars for each lien. Liquidated damages shall be five hundred dollars if the lienholder does not comply within five business days after satisfaction of the lien or encumbrance. Liquidated damages shall be one thousand dollars if the lienholder does not comply within ten business days after satisfaction of the lien or encumbrance. Liquidated damages shall be two thousand dollars if the lienholder does not comply within fifteen business days after satisfaction of the lien or encumbrance. Liquidated damages shall be two thousand five hundred dollars if the lienholder does not comply within twenty business days after satisfaction of the lien or encumbrance. If delivery of the certificate or other lien release is made by mail, the delivery date is the date of the postmark for purposes of this subsection. In computing any period of time prescribed or allowed by this section, the day of the act or event after which the designated period of time begins to run is not to be counted. However, the last day of the period so computed is to be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.
5. Any person who knowingly and intentionally sends in a separate document releasing a lien of another without authority to do so shall be guilty of a class C felony.