A secured party may assign, absolutely or otherwise, the party's security interest in the vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the secured party as the holder of the security interest and the secured party remains liable for any obligations as a secured party until the assignee is named as secured party on the certificate.
The assignee may but need not, to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as secured party, upon delivering to the department the certificate and an assignment by the secured party named in the certificate in the form the department prescribes.
Release of security interest. 342.22(1)
Within one month or within 10 days following written demand by the debtor after there is no outstanding obligation and no commitment to make advances, incur obligations or otherwise give value, secured by the security interest in a vehicle under any security agreement between the owner and the secured party, the secured party shall execute and deliver to the owner, as the department prescribes, a release of the security interest in the form and manner prescribed by the department and a notice to the owner stating in no less than 10-point boldface type the owner's obligation under sub. (2)
. If the secured party fails to execute and deliver the release and notice of the owner's obligation as required by this subsection, the secured party is liable to the owner for $25 and for any loss caused to the owner by the failure.
The owner, other than a dealer holding the vehicle for resale, upon receipt of the release and notice of obligation shall promptly cause the certificate and release to be mailed or delivered to the department, which shall release the secured party's rights on the certificate and issue a new certificate.
The department may remove information pertaining to a security interest perfected under s. 342.19
from its computerized records when the following applicable period of time after the original perfection has elapsed unless the security interest is renewed in the same manner as provided in s. 342.19 (2)
for perfection of a security interest:
Removal of information pertaining to a security interest from the records of the department under sub. (3)
does not affect any security agreement between the owner of a vehicle and the holder of security interest in the vehicle.
Secured party's and owner's duties. 342.23(1)
A secured party named in a certificate of title shall, upon written request of the owner or of another secured party named on the certificate, disclose any pertinent information as to the party's security agreement and the indebtedness secured by it.
An owner shall promptly deliver the owner's certificate of title to any secured party who is named on it or who has a security interest in the vehicle described in it under any other applicable prior law of this state, upon receipt of a notice from such secured party that the security interest is to be assigned, extended or perfected.
No secured party may take possession of any certificate of title except as provided in par. (a)
. Any person who violates this paragraph may be required to forfeit not more than $1,000.
Any secured party who fails to disclose information pursuant to sub. (1)
shall be liable for any loss caused to owner thereby.
Any owner who fails to deliver the certificate of title to a secured party requesting it pursuant to sub. (2) (a)
shall be liable to such secured party for any loss caused to the secured party thereby and may be required to forfeit not more than $200.
Method of perfecting exclusive.
The method provided in this chapter of perfecting and giving notice of security interests subject to this chapter is exclusive. Security interests subject to this chapter are hereby exempted from the provisions of law which otherwise require or relate to the filing of instruments creating or evidencing security interests.
The motor vehicle law provisions relating to security do not apply to a mobile home once it has become a fixture. George v. Commercial Credit Corp. 440 F (2d) 551.
Suspension or revocation of certificate. 342.25(1)(1)
The department shall suspend or revoke a certificate of title if it finds any of the following:
The certificate of title was fraudulently procured, erroneously issued or prohibited by law.
The vehicle has been scrapped, dismantled or destroyed.
A transfer of title is set aside by a court of record by order or judgment.
The vehicle's odometer has been subjected to tampering and return of the certificate of title to the department is considered necessary to make a notation of that information on the certificate.
Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.
When the department suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the department.
The department may seize and impound any certificate of title which has been suspended or revoked.
Cancellation of title or registration.
The department shall cancel a title or registration whenever:
A transfer of title is set aside by the court by order or judgment; or
Fraud on the department is discovered by the department; or
It is subsequently discovered that the issuance or possession of a title or registration is prohibited by law or that the odometer of a vehicle for which a certificate of title has been issued by the department has been subjected to tampering and return of the certificate of title to the department is considered necessary to make a notation of that information on the certificate.
Hearings and appeal.
Any person aggrieved by an act or omission of the department under this chapter is entitled, upon request, to a hearing and judicial review thereof in accordance with ch. 227
. Contested cases shall be heard and decided by the division of hearings and appeals.
Previously certificated vehicle.
A previously certificated vehicle is a vehicle for which a certificate of title has been issued by the department prior to June 1, 1966.
History: 1977 c. 29
s. 1654 (7) (a)
Deferred application to previously certificated vehicle. Sections 342.19
shall not apply to a previously certificated vehicle until:
There is a transfer of ownership of the vehicle; or
The department issues a certificate of title of the vehicle under this chapter.
History: 1977 c. 29
s. 1654 (7) (a)
If the department is not satisfied that there are no undisclosed security interests, created before June 1, 1966, in a previously certificated vehicle, it shall, unless the applicant fulfills the requirements of s. 342.12 (3)
, issue a distinctive certificate of title of the vehicle containing the legend "This vehicle may be subject to an undisclosed security interest" and any other information the department prescribes.
History: 1977 c. 29
s. 1654 (7) (a)
New security interest in a previously certificated vehicle.
After June 1, 1966, a security interest in a previously certificated vehicle may be created and perfected only by compliance with ss. 342.19
Unsatisfied security interest in previously certificated vehicle. 342.285(1)
If a security interest in a previously certificated vehicle is perfected under any other applicable law of this state at the time this section takes effect (June 1, 1966), the security interest continues perfected until its perfection lapses under the law under which it was perfected (or would lapse in the absence of a further filing or renewal of filing) and thereafter, if, before such lapse, there is delivered to the department the existing certificate of title together with the application and fee required by s. 342.20 (1)
. In such case the department shall issue a new certificate pursuant to s. 342.20 (3)
If a security interest in a previously certificated vehicle was created, but was unperfected, under any other applicable law of this state at the time this section takes effect (June 1, 1966), it may be perfected under sub. (1)
, but such perfection dates only from the date of the division's receipt of the certificate.
History: 1977 c. 29
s. 1654 (7) (a)
ANTI-THEFT AND ANTI-FRAUD PROVISIONS
Identification numbers. 342.30(1)
No person may remove, alter or obliterate or intentionally make it impossible to read, as required under sub. (2)
, an identification number. This subsection does not apply to the obliteration of an identification number which occurs in the process of crushing a vehicle or vehicle part for scrap.
When the department is satisfied as to the ownership of a vehicle subject to registration which has not been numbered by the manufacturer or on which the original number has been removed, obliterated or altered or on which the original casting has been replaced or on which a new identification number is required under s. 342.06 (1) (f)
, the department shall assign a new identification number for each such vehicle.
An identification number assigned by the department to a mobile home, trailer or semitrailer shall be stamped upon the frame in a readily visible location. An identification number assigned to a motor vehicle manufactured prior to January 1, 1969, shall be permanently affixed to the left front pillar. The vehicle identification number for motor vehicles manufactured after January 1, 1969, shall be permanently affixed upon either a part of the vehicle that is not designed to be removed except for repair, or a separate plate which is permanently affixed to such part. The vehicle identification number shall be located inside the passenger compartment and shall be readable, without moving any part of the vehicle, through the vehicle glazing under daylight lighting conditions by an observer having 20/20 vision (Snellen) whose eyepoint is located outside the vehicle adjacent to the left windshield pillar. Identification numbers assigned for cycles shall be stamped on the left side, near the top of the engine casting just below the cylinder barrel. Such stamping or affixing shall be done under the supervision of a dealer, distributor or manufacturer registered under s. 341.51
or under the supervision of a peace officer. The person supervising the stamping or affixing shall make a report thereof to the department.
A traffic officer or person authorized to enforce nonmoving traffic violations may use reasonable means to gain access to a vehicle if that vehicle's identification number cannot be read as required under sub. (2)
Any person acting under par. (a)
is immune from civil and criminal liability for good faith actions taken within the scope of that person's official duties.
Any person who violates sub. (1)
may be fined not more than $5,000 or imprisoned for not more than 5 years or both.
Any owner of a vehicle for which the department has issued a new identification number who fails to have such number attached or stamped as required by sub. (2)
may be required to forfeit not more than $200.
Any owner of a vehicle for which the department has issued a new identification number who with intent to defraud fails to have such number attached or stamped as required by sub. (2)
may be required to forfeit not more than $1,000.
If a law enforcement agency finds a vehicle or part of a vehicle on which the identification number has been removed, altered or obliterated or made impossible to read, the law enforcement agency may seize the vehicle or part of a vehicle. If the identification number cannot be identified, the seized vehicle or vehicle part is presumed to be contraband. If the identification number can be identified, the agency may return the vehicle to the registered owner. Except as provided in par. (b)
, the district attorney shall institute forfeiture proceedings under s. 973.076
regarding any vehicle or vehicle part that is seized under this paragraph and not returned to the owner.
If the district attorney brings a criminal action arising out of the seizure under par. (a)
, the district attorney shall not institute forfeiture proceedings under s. 973.076
before there is a final determination in the criminal action.
(c) Paragraph (a)
does not apply to the obliteration of an identification number that occurs in the process of crushing a vehicle or vehicle part for scrap.
Report of stolen or abandoned motor vehicles. 342.31(1)(1)
Each sheriff and police department in the state shall immediately report to the department of justice each motor vehicle reported stolen or recovered within its jurisdiction.
An owner of a garage or trailer park or of any type of storage or parking lot for motor vehicles shall report to the local law enforcement agency the make, motor number and serial or identification number of any vehicle stored, parked or left in the owner's garage, park or lot for a period of more than 30 consecutive days unless arrangements have been made by the owner of the vehicle for its continuous storage or parking or unless the owner of the vehicle is personally known to the owner of the garage, park or lot. Any person who fails to submit such report may be required to forfeit not more than $25.
Counterfeiting and unlawful possession of certificate of title. 342.32(1)(1)
No person may counterfeit, possess, sell, offer for sale or supply a forged, fictitious, counterfeit, stolen or fraudulently or unlawfully obtained certificate of title or registration, manufacturer's document of origin, instrument or other document that is or may be used as evidence of ownership, the transfer of ownership or the mileage disclosure of a motor vehicle.
Unless authorized by the department, no person may possess, sell, offer for sale or supply any blank certificates of title or registration, manufacturers' documents of origin, instruments or other documents that may be used as evidence of ownership or registration of a motor vehicle.
Whoever violates sub. (1)
may be fined not more than $5,000 or imprisoned for not more than 5 years, or both, for each violation.
History: 1993 a. 159
Sale of vehicle used as taxicab.
No person shall sell or exchange, authorize or direct the sale or exchange of, or offer for sale or exchange any motor vehicle which the person knows has been used as a taxicab or for public transportation unless the certificate of title for such vehicle has been stamped by the department with the words "This motor vehicle has previously been used as a taxicab or for public transportation" and unless such certificate of title is exhibited by the vendor to the vendee before the sale of such vehicle is consummated. Any person who violates this section may be required to forfeit not more than $1,000.
Department to be notified of destruction or junking of vehicle. 342.34(1)(1)
Any person owning or possessing a junk vehicle shall, within 10 days after determining that the vehicle is a junk vehicle do all of the following:
Notify the department of the junk condition of the vehicle.
Return the certificate of title to the department.
If the vehicle is a motorcycle or an automobile or station wagon registered under the monthly series system or a motor home or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds or a farm truck which has a gross weight of not more than 12,000 pounds, the owner shall remove the registration plates and retain and preserve them for use on any other vehicle of the same type which may subsequently be registered in his or her name. If the vehicle is not a motorcycle or an automobile or station wagon registered under the monthly series system, or a motor home or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds or a farm truck which has a gross weight of not more than 12,000 pounds, he or she shall remove and destroy the plates.
Any person owning or possessing a vehicle which has been junked or destroyed shall, within 10 days after the destruction or junking occurred do all of the following:
Notify the department of the destruction or junking.
Return the certificate of title to the department.