N.Y. Vehicle and Traffic Law 2105-A – Liens on motor vehicles for failure to make child support payments
§ 2105-a. Liens on motor vehicles for failure to make child support payments. (a) The commissioner, on behalf of the department, shall enter into a written agreement with the commissioner of the office of temporary and disability assistance which shall set forth the procedures for creation of security interests on vehicles in favor of the office of temporary and disability assistance, a social services district or its authorized representative as provided for in § 211 of the lien law and § 111-u of the social services law.
Terms Used In N.Y. Vehicle and Traffic Law 2105-A
- Commissioner: includes the office and a branch office of the commissioner and, when authorized to receive a document or fee as agent of the commissioner, the clerk of a county. See N.Y. Vehicle and Traffic Law 2101
- Dealer: means a person registered as a dealer under section four hundred fifteen or twenty-two hundred fifty-seven of this chapter. See N.Y. Vehicle and Traffic Law 2101
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: means a natural person, firm, co-partnership, association or corporation. See N.Y. Vehicle and Traffic Law 2101
- Security interest: means an interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation. See N.Y. Vehicle and Traffic Law 2101
- Vehicle: means a vehicle as defined in section one hundred fifty-nine of this chapter except that it shall not include a device for which a registration is denied pursuant to section four hundred-a of this chapter and, except with respect to section twenty-one hundred two of this article, shall also mean a vessel as defined in section twenty-two hundred fifty of this chapter. See N.Y. Vehicle and Traffic Law 2101
(b) Such agreement shall include:
(1) the procedures under which the office of temporary and disability assistance shall notify the department of a security interest arising for failure to make payments of child support or combined child and spousal support, including data standards for determining that the person against whom such lien will be imposed is the person owing such arrears;
(2) the procedures under which the office of temporary and disability assistance shall notify the department that an individual has satisfied the security interest;
(3) the procedure, subject to the approval of the director of the division of the budget, for reimbursement of the department and its agents for the additional costs of carrying out the procedures authorized by this section, § 211 of the lien law and § 111-u of the social services law;
(4) such other matters as the parties to such agreement shall deem necessary to carry out the provisions of this section, § 211 of the lien law and § 111-u of the social services law.
(c) A security interest arising under § 211 of the lien law and entered into the records of the department pursuant to this article shall be listed on any subsequent certificate of title issued to such person for the same or any other vehicle.
(d) Notwithstanding any other inconsistent provision of law, any purchaser of a vehicle which is subject to a security interest under this section, including a motor vehicle dealer registered under section four hundred fifteen of this chapter, shall take such vehicle unencumbered by such lien which was not recorded on the certificate of title used to transfer the vehicle.