Vehicle Repossessions

A repossession is when a lienholder seizes ownership of a vehicle for breach of a security agreement (usually non-payment of the loan). In Massachusetts, any financed or leased vehicle where you have fallen behind on payments, such as cars, trucks, motorcycles, and SUVs, can be repossessed by the lender.

If a motor vehicle has been repossessed for breach of a security agreement, the lienholder by law must follow the procedures described in this section. When a vehicle is repossessed, the owner is NOT required to assign the Certificate of Title. The rules specified below apply to both Massachusetts and Out-of-State (OOS) titles. 

Lien recorded on a Title

A lienholder who has repossessed a vehicle for breach of the security agreement can transfer the vehicle to a new owner. If the lienholder has a recorded lien on the Certificate of Title, he/she must provide the following items when transferring the vehicle to a new owner:

• A notarized Affidavit of Repossession
• A lien release letter or a release on title
• The Certificate of Title assigned to the new owner

Lien not Recorded on a Title

A lienholder who has repossessed a vehicle for breach of the security agreement without a lien recorded on the certificate of title must apply for a new title in the lienholder’s name. The lienholder must provide the following:

• A notarized Affidavit of Repossession
• A copy of the Security/Loan Agreement
• A notarized Affidavit of Fact
• A Registration and Title Application (RTA Form) listing the lienholder as the vehicle owner 
• $75.00 title fee 
• MVU-30 Form - Affidavit in Support of a Claim for Exemption from Sales or Use Tax for a Motor Vehicle Transferred by Repossession 
• Proof of Visual Inspection Form (to prove that you are in possession of the vehicle) 

No Title Exists

A lienholder who has repossessed a vehicle for breach of the security agreement, but no Certificate of Title exists for the vehicle, must apply for a new title in its own name. 

In applying for this new title, the lienholder must provide the following items: 

• A notarized Affidavit of Repossession 
• A copy of the Security/Loan Agreement   
• A notarized Affidavit of Fact 
• Registration and Title Application (RTA Form) listing the lienholder as the vehicle owner 
• $75.00 Title Fee 
• MVU-30 Form - Affidavit in Support of a Claim for Exemption from Sales or Use Tax for a Motor Vehicle Transferred by Repossession 
• Proof of Visual Inspection Form (to prove that you are in possession of the vehicle) 

Auctions

The auction vendor must be in possession of the actual paper Certificate of Title, which lists the lienholder as the either the owner or the lienholder, in order to sell the vehicle at the auction.  

If the title is needed, the lienholder can request a duplicate Certificate of Title by completing a Duplicate Title Application.  If the auction vendor needs to request the duplicate Certificate of Title, the request must be submitted with a Limited Power of Attorney (LPOA) signed by the lienholder.  

What if the Title is Electronic?

If the title is electronic, the lienholder can request a title print to have the title converted to paper.  The vehicle can be sold with the paper title and an affidavit of repossession.

• Registration and Title Application (RTA Form) 
• Affidavit of Repossession Form  
  • NOTE: The RMV’s form or a lender’s form can be used. (Any version of this form must be notarized.) 
• Proof of Visual Inspection Form 
• MVU-30 Form - Affidavit in Support of a Claim for Exemption from Sales or Use Tax for a Motor Vehicle Transferred by Repossession 
• Duplicate Title Application 

Legal Reference: MGL 90D §17(b) 

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