Section R17-4-207. Lien Filing

A.      Lien filing. When filing a lien with the Division, a person shall submit a Title and Registration Application (available online at www.azdot.gov/mvd/FormsandPub/mvd.asp), the most recently issued certificate of title, the fee or fees to be paid as provided by law, and any other documentation required pursu- ant to A.R.S. Title 28.

1.        The Division shall record a statement of all liens and encumbrances on the vehicle or mobile home record upon receiving a lien filing that meets all requirements pre- scribed in this subsection.

2.        The Division shall immediately return a lien filing, with a letter stating why the lien filing was returned, when the lien filing does not meet the requirements prescribed in this subsection.

B.       Multiple liens. The Division will record up to three liens on any one vehicle or mobile home record. Additional liens are recorded through the County Recorder’s office. Liens are val- ued in the order that they are filed and recorded on the vehicle or mobile home record. However, the Division considers the primary lien recorded on the vehicle or mobile home record to be above all other subsequent liens or encumbrances. In the

absence of an operation of law lien, only the lienholder in the primary position may repossess a vehicle or mobile home.

C.      Lien filing notice. The Division shall notify the lienholder of the recording of a lien.

1.        The Division shall issue an Arizona Certificate of Title or, when the lienholder is an Authorized ELT Participant, transmit an electronic lien notification to the primary lienholder.

2.        The Division shall issue a computer-generated Lien- holder Record to each subsequent lienholder recorded on the vehicle or mobile home record. The Division shall not issue a duplicate Lienholder Record.

Historical Note

Former Rule, General Order 62. Former Section R17-4- 24 renumbered without change as Section R17-4-207 (Supp. 87-2). Section repealed; new Section made by final rulemaking at 7 A.A.R. 2752, effective June 8, 2001 (Supp. 01-2). Section recodified to R17-4-205 at 7

A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Sec- tion recodified from R17-4-230 at 7 A.A.R. 3479, effec- tive July 20, 2001 (Supp. 01-3). Section repealed; new Section made by final rulemaking at 13 A.A.R. 3281,

effective November 10, 2007 (Supp. 07-3).