Texas Transportation Code 501.074 – Transfer of Vehicle by Operation of Law
(a) The department shall issue a new title for a motor vehicle registered in this state for which the ownership is transferred by operation of law or other involuntary divestiture of ownership after receiving:
(1) a certified copy of an order appointing a temporary administrator or of the probate proceedings;
(2) letters testamentary or letters of administration;
(3) if administration of an estate is not necessary, an affidavit showing that administration is not necessary, identifying all heirs, and including a statement by the heirs of the name in which the certificate shall be issued;
(4) a court order; or
(5) the bill of sale from an officer making a judicial sale.
(b) If a lien is foreclosed by nonjudicial means, the department may issue a new title in the name of the purchaser at the foreclosure sale on receiving the affidavit of the lienholder of the fact of the nonjudicial foreclosure.
Terms Used In Texas Transportation Code 501.074
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Probate: Proving a will
- Property: means real and personal property. See Texas Government Code 311.005
(c) If a constitutional or statutory lien is foreclosed, the department may issue a new title in the name of the purchaser at the foreclosure sale on receiving:
(1) the affidavit of the lienholder of the fact of the creation of the lien and of the divestiture of title according to law; and
(2) proof of notice as required by Sections 70.004 and 70.006, Property Code, or by § 59.0445, Property Code.
(d) Notwithstanding the terms of § 501.005, in the event of a conflict between this section and other law, this section controls.