North Carolina Lienholder's Petition for Release of Seized Motor Vehicle Notice of Hearing - Waiver and Order
Definition and meaning
The North Carolina Lienholder's Petition for Release of Seized Motor Vehicle Notice of Hearing - Waiver and Order is a legal document that allows a lienholder to request the release of a motor vehicle that has been seized by law enforcement. This form is essential for individuals or entities that hold a security interest in a vehicle and are seeking possession following a seizure due to impaired driving or other legal issues.
Who should use this form
This form is intended for lienholders, such as banks, financial institutions, or individuals who have a legal claim to a motor vehicle due to a loan or lease agreement. If you have financed a vehicle and it has been seized, you should consider using this form to petition for its release.
Key components of the form
This form includes several essential elements that must be completed accurately:
- Petitioner's Information: This section requires the name and contact information of the lienholder.
- Vehicle Details: Important details such as the Vehicle Identification Number (VIN), license number, and type of vehicle must be included.
- Grounds for Release: The lienholder must specify if they are seeking pretrial or post-trial release of the vehicle.
- Notice of Hearing: If applicable, this section outlines the date and time for a hearing if not all parties consent to release.
Common mistakes to avoid when using this form
When completing the North Carolina Lienholder's Petition for Release of Seized Motor Vehicle, avoid the following common errors:
- Incomplete Information: Ensure all required fields are filled out correctly, as incomplete submissions can lead to delays.
- Missing Signatures: Double-check that all necessary parties have signed the form, especially in the Notice of Hearing section.
- Not Meeting Deadlines: Pay attention to deadlines for filing and serving the petition; late submissions may not be considered.
What documents you may need alongside this one
To support the petition for release of the seized vehicle, you may need to provide additional documents, including:
- Proof of Ownership: Such as the original title or bill of sale for the vehicle.
- Security Agreement: Documentation that proves the lienholder has a valid security interest.
- Default Notification: Any correspondence indicating that the vehicle owner has defaulted on their obligations.
State-specific requirements
In North Carolina, specific legal statutes govern the process of petitioning for the release of seized vehicles. Understanding these regulations is crucial:
- The petition must comply with G.S. 20-28.2(f) and G.S. 20-28.3(e3), outlining the legal grounds for the release request.
- Different counties may have different filing procedures or requirements; check with your local clerk’s office.
Legal use and context
This form is typically utilized in situations involving the seizure of vehicles due to impaired driving offenses in North Carolina. The lienholder must follow legal channels to reclaim their property, as outlined by state statutes. Understanding the legal context can help in formulating a strong petition.
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FAQ
If a vehicle is part of a financing agreement, the legal owner will be the individual or entity that provides the financing, and is referred to as the lienholder. The registered owner is responsible for maintaining compliance with DMV laws and regulations.
Go to the North Carolina Division of Motor Vehicles (ncdot.org) and click on the "Vehicle Services" link located across the top. Click on "Liens on a Title." Click on "Lien Recording Application (MVR-6)" to download the form. Sign the form in front of a notary.
Remove a Lien from an NC Title Once you've paid off your auto loan, you can apply for a clear title (i.e. remove the lien) by submitting the following at your local NC DMV office: Application for Removal of Lien from the Certificate of Title (Form MVR-8). Application for Duplicate Title (Form MVR-4).
When there is a lien holder on the vehicle, the settlement check for the car's ACV goes to that financial institution and any money left over after the payout would come to you.
If you finance a car, a lienholder may be listed on your car's title and your car insurance policy until you pay it off. A lienholder is a lender that legally has an interest in your property until you pay it off in full.
A lien lasts as long as a car has an outstanding balance on it, so if you purchase a car with a lien on it, you must pay it out in full.The DMV will have details on the title holders of the vehicle, so it's a good place to start when it comes to buying or selling a car with a lien on it.
200b200b200b200b200b200b200b200bTitle applications require 10-15 business days for processing, but the N.C. Division of Motor Vehicles offers an expedited titling service referred to as an instant title in which titles are processed and issued the same day or next business day.
Release ownership by signing on line one on the front of the title. If the vehicle is, or was financed, the lienholder's name appears in the legal owner section and their release with counter signature is required on line two. For step-by-step instructions see the California DMV instructional video here.
If you are financing your car through a bank, private lender, or dealership, they are the lienholder. The lienholder owns your car while you make payments on it. If you default on the loan, the lienholder can repossess the vehicle.