(b) A dealer who receives a motor vehicle for the purposes of resale
and who arranges for the satisfaction of any security interest in such
vehicle, and for which a release of security interest has not been
issued, may submit to the commissioner sufficient evidence to
demonstrate that such security interest has been satisfied and shall
provide notice to the lienholder two weeks prior to submission to the
commissioner. The commissioner shall, upon receipt of such evidence, a
proper application and the appropriate fee pursuant to section
twenty-one hundred twenty-five of this article, promptly issue, within
no more than fifteen business days of receipt by the department of all
required information and fees, either a duplicate certificate without
such lien included thereon, or a certificate without such lien included
thereon. Evidence that a security interest has been satisfied shall
include: (i) evidence that an interbank or electronic transfer of funds
has been made; or (ii) evidence that a copy of a cashier's or bank check
has been delivered; or (iii) other evidence as determined to be
satisfactory by the commissioner; and (iv) evidence that the amount
delivered to the lienholder is equal to the amount which has been
represented to the dealer by the lienholder as sufficient to satisfy
such lien. Such evidence shall be accepted by the commissioner as
sufficient. Any evidence submitted to the commissioner pursuant to this
subdivision may, subject to approval of the commissioner, be submitted
in electronic form. In addition to the penalties imposed by section
twenty-one hundred thirty of this article, any dealer who alters or
forges evidence of payment, or fails to make a payment, shall be liable
to any party for any damages resulting from the issuance of a new
certificate by the commissioner, plus attorney's fees and costs incurred
in recovering such damages, provided however no subsequent purchaser of
a vehicle where the security interest was removed by the commissioner
under the provisions of this subdivision shall be liable for any errors
in the removal of such security interest, and any dealer who so applied
for the removal of such security interest on such vehicle shall
indemnify any such purchaser and lienholder. The commissioner is
authorized to adopt and enforce reasonable rules and regulations
necessary to carry out the provisions of this subdivision.
Structure New York Laws
Title 10 - Uniform Vehicle Certificate of Title Act
Article 46 - Uniform Vehicle Certificate of Title Act
2103 - Excepted Liens and Security Interests; Buyer From Manufacturer or Dealer.
2104 - Certificate of Title Required.
2105 - Application for First Certificate of Title.
2105-A - Liens on Motor Vehicles for Failure to Make Child Support Payments.
2106 - Examination of Records.
2110 - Registration Without Certificate of Title.
2111 - Refusing Certificate of Title.
2112 - Lost, Stolen or Mutilated Certificates.
2114 - Transfer to or From Dealer; Records.
2115 - Transfer by Operation of Law.
2116 - Additional Requirements for Applications.
2117 - When Commissioner to Issue New Certificate.
2118 - Perfection of Security Interests.
2120 - Assignment by Lienholder.
2121 - Release of Security Interest.
2123 - Exclusiveness of Procedure.
2124 - Suspension or Revocation of Certificates.
2126 - Powers of Commissioner.
2129 - Stolen, Converted, Recovered and Unclaimed Vehicles.
2130 - Offenses Relating to Certificates.
2131 - Evidence of Criminal Intent or Knowledge.