301.193. Abandoned property, titling of, privately owned real estate, procedure.

MISSOURI STATUTES AND CODES

301.193. Abandoned property, titling of, privately owned real estate, procedure.

Abandoned property, titling of, privately owned real estate,procedure.

301.193. 1. Any person who purchases or is the owner of realproperty on which vehicles, as defined in section 301.011*, vessels orwatercraft, as defined in section 306.010, RSMo, or outboard motors, asthat term is used in section 306.530, RSMo, have been abandoned, withoutthe consent of said purchaser or owner of the real property, may apply tothe department of revenue for a certificate of title. Any insurer whichpurchases a vehicle through the claims adjustment process for which theinsurer is unable to obtain a negotiable title may make an application tothe department of revenue for a salvage certificate of title pursuant tothis section. Prior to making application for a certificate of title on avehicle under this section, the insurer or owner of the real estate shallhave the vehicle inspected by law enforcement pursuant to subsection 9 ofsection 301.190, and shall have law enforcement perform a check in thenational crime information center and any appropriate statewide lawenforcement computer to determine if the vehicle has been reported stolenand the name and address of the person to whom the vehicle was last titledand any lienholders of record. The insurer or owner or purchaser of thereal estate shall, thirty days prior to making application for title,notify any owners or lienholders of record for the vehicle by certifiedmail that the owner intends to apply for a certificate of title from thedirector for the abandoned vehicle. The application for title shall beaccompanied by:

(1) A statement explaining the circumstances by which the propertycame into the insurer, owner or purchaser's possession; a description ofthe property including the year, make, model, vehicle identification numberand any decal or license plate that may be affixed to the vehicle; thecurrent location of the property; and the retail value of the property;

(2) An inspection report of the property, if it is a vehicle, by alaw enforcement agency pursuant to subsection 9 of section 301.190; and

(3) A copy of the thirty-day notice and certified mail receipt mailedto any owner and any person holding a valid security interest of record.

2. Upon receipt of the application and supporting documents, thedirector shall search the records of the department of revenue, or initiatean inquiry with another state, if the evidence presented indicated theproperty described in the application was registered or titled in anotherstate, to verify the name and address of any owners and any lienholders.If the latest owner or lienholder was not notified the director shallinform the insurer, owner, or purchaser of the real estate of the latestowner and lienholder information so that notice may be given as required bysubsection 1 of this section. Any owner or lienholder receivingnotification may protest the issuance of title by, within the thirty-daynotice period and may file a petition to recover the vehicle, naming theinsurer or owner of the real estate and serving a copy of the petition onthe director of revenue. The director shall not be a party to suchpetition but shall, upon receipt of the petition, suspend the processing ofany further certificate of title until the rights of all parties to thevehicle are determined by the court. Once all requirements are satisfiedthe director shall issue one of the following:

(1) An original certificate of title if the vehicle examinationcertificate, as provided in section 301.190, indicates that the vehicle wasnot previously in a salvaged condition or rebuilt;

(2) An original certificate of title designated as prior salvage ifthe vehicle examination certificate as provided in section 301.190indicates the vehicle was previously in a salvaged condition or rebuilt;

(3) A salvage certificate of title designated with the words"salvage/abandoned property" or junking certificate based on the conditionof the property as stated in the inspection report. An insurer purchasinga vehicle through the claims adjustment process under this section shallonly be eligible to obtain a salvage certificate of title or junkingcertificate.