Oklahoma State Title Processing Procedures

1. What form of title must an insurer obtain in connection with the sale of a vehicle that has been acquired through the settlement of a claim?
2. What documents must an insurer provide to Copart in order to sell a vehicle on a Certificate of Title (aka “Clean Title”)?
3. What documents must an insurer provide to Copart in order to sell a vehicle on a Salvage Certificate of Title (aka “Salvage Title”)?
4. What documents must an insurer provide to Copart in order to sell a vehicle on a junk title?
5. What documents must an insurer provide to Copart in order to sell a recovered theft vehicle recovered substantially intact with no substantial damage, where title is still in the name of the insured?
6. What steps must an insurer take in Oklahoma to process an owner-retained vehicle?
7. What legal duties are imposed upon a lienholder following satisfaction of the lien?

1. What form of title must an insurer obtain in connection with the sale of a vehicle that has been acquired through the settlement of a claim?
   
    Oklahoma Statutes Title 47, §§ 1105 and 1111, set forth below in pertinent part, specify the laws applicable to titling of insurance total loss vehicles.
   
   § 1105. Definitions--Certificate of title--Types--Application-- Information required--Form--Evidence of ownership and compliance with federal law--Liens and encumbrances--Fees--Notice of nonuse or theft--Term of title
   
   
   A. As used in the Oklahoma Vehicle License and Registration Act:
   
   
   1. "Salvage vehicle" means any vehicle which is within the last ten (10) model years and which has been damaged by collision or other occurrence to the extent that the cost of repairing the vehicle for safe operation on the highway exceeds sixty percent (60%) of its fair market value, as defined by Section 1111 of this title, immediately prior to the damage. For purposes of this section, actual repair costs shall only include labor and parts for actual damage to the suspension, motor, transmission, frame or unibody and designated structural components;
   2. [intentionally omitted]
   3 "Flood-damaged vehicle" means a salvage or rebuilt vehicle which was damaged by flooding or a vehicle which was submerged at a level to or above the dashboard of the vehicle and on which an amount of loss was paid by the insurer;
   4. “Unrecovered-theft vehicle” means a vehicle which has been stolen and not yet recovered;
   5. “Recovered-theft vehicle” means a vehicle, including a salvage or rebuilt vehicle, which was recovered from a theft; and
   6. “Junked vehicle” means any vehicle which is incapable of operation or use on the highway, has no resale value except as a source of parts or scrap and has an eighty percent (80%) loss in fair market value.
   
   B. The owner of every vehicle in this state shall possess a certificate of title as proof of ownership of such vehicle, except those vehicles registered pursuant to Section 1120 of this title and trailers registered pursuant to Section 1133 of this title, previously titled by anyone in another state and engaged in interstate commerce, and except as provided in subsection M of this section. [intentionally omitted]
   
   There shall be seven types of certificates of title:
   
   
   1. Original title for any motor vehicle which is not a remanufactured, salvage, unrecovered-theft, rebuilt or junked vehicle;
   2. Salvage title for any motor vehicle which is a salvage vehicle or is specified as a salvage vehicle or the equivalent thereof on a certificate of title from another state;
   3. Rebuilt title for any motor vehicle which is a rebuilt vehicle;
   4. Junked title for any motor vehicle which is a junked vehicle or is specified as a junked vehicle or the equivalent thereof on a certificate of title from another state;
   5. Classic title for any motor vehicle, except a junked vehicle, which is twenty-five (25) model years or older;
   6. Remanufactured title for any vehicle which is a remanufactured vehicle; and
   7. Unrecovered-theft title for any motor vehicle which has been stolen and not recovered.
    
   
   C. through S. [intentionally omitted]
   
   § 1111. Salvage title--New title
   
   A. As used in this section:
   
   
   1. "Loss" means the cost, in dollars, to repair or replace a vehicle which has been damaged by collision or other occurrence. The amount paid by an insurer to a holder of the certificate of title for repair of a damaged vehicle shall be prima facie evidence of the amount of the loss. The amount paid by an insurer to a holder of the certificate of title for replacement of a damaged vehicle less the resale value of the damaged vehicle shall be prima facie evidence of the amount of the loss;
   
   2. "Fair market value" means the value of a vehicle as listed in the current National Auto Dealers Association guidebook or other similar guidebook or the actual cash value, whichever is greater;
   
   3. "Resale value" means the amount, in dollars, paid to the holder of a certificate of title by a willing buyer for a vehicle damaged by collision or other occurrence or recovered from theft;
   
   4. "Total loss" means a loss which is equal to the fair market value of the vehicle immediately prior to the damage to or theft of the vehicle; and
   
   5. "Vehicle" means a vehicle, as defined in paragraph 29 of Section 1102 of this title manufactured within the last seven (7) model years.
   
   
   B. Any insurance company that pays a total loss on a claim for any vehicle including, but not limited to, a flood-damaged vehicle or recovered-theft vehicle, any junk dealer who receives a motor vehicle which is to be used for junk or for parts, or any other person permanently dismantling or junking a vehicle shall receive the certificate of title from the current holder of the certificate of title, shall detach the license plate from the vehicle, and shall return the license plate and the certificate of title to the Oklahoma Tax Commission or a motor license agent within thirty (30) days from receipt of the certificate. The Tax Commission shall cancel the certificate of title to the vehicle used for junk or parts and shall preserve the vehicle identification numbers on the certificate of title in the computer files for at least five (5) years. No certificate of title may be reissued on a junked vehicle as defined in Section 1105 of this title, unless reissued pursuant to paragraph 3 of subsection C of this section. The Tax Commission shall transfer ownership of a stolen vehicle, not recovered from theft at the time of transfer, by salvage or unrecovered-theft title to the insurer. The Tax Commission shall transfer ownership of a vehicle damaged by flooding or other occurrence to the insurer by an original title, salvage title, or junked title, as may be appropriate, based upon an estimate of the amount of loss submitted by the insurer. All license plates surrendered to the Tax Commission shall be destroyed.
   
   C.
   1. If an insurance company pays a claim for a loss which is less than a total loss but the cost of repairing the vehicle for safe operation on the highway exceeds sixty percent (60%) of the fair market value of the vehicle, or if any vehicle not insured is damaged to the extent that the cost of repair for safe operation on the highway exceeds sixty percent (60%) of the fair market value of the vehicle, any holder of the certificate of title for the vehicle shall return the certificate of title to the Oklahoma Tax Commission or a motor license agent within thirty (30) days from receipt of payment for the loss.
   
   2. Upon receipt of the certificate, the Tax Commission or motor license agent shall issue a salvage title for the vehicle. The title for any vehicle damaged by flooding shall be stamped with the words "Flood Damaged", and for any such vehicle which was recovered from a theft, the salvage title or rebuilt title shall be stamped with the words "Recovered Theft". A licensed dealer subject to the provisions of the Automotive Dismantlers and Parts Recycler Act, Section 591.1 et seq. of this title, shall not be required to pay registration fees, excise taxes, back taxes, or penalties on a vehicle as a prerequisite to obtaining a salvage title.
   
   3. If the actual documented cost of repairing the vehicle for safe operation on the highway does not exceed sixty percent (60%) of the fair market value of the vehicle as defined in this section, the certificate of title shall be reissued to the holder and the vehicle shall not be subject to inspection as required under this section. The actual documented cost of repairing the vehicle pursuant to this paragraph shall be certified by the insurance company paying the loss.
   
   
   D. through I. [intentionally omitted]
   
    J. Any title for a motor vehicle issued pursuant to the laws of any other state which reflects that such vehicle is a salvage vehicle, a rebuilt vehicle or a junked vehicle or has any other brand or classification notation by that state shall be retained on the new title issued by the Tax Commission unless the actual documented cost of repairing the vehicle for safe operation on the highway does not exceed sixty percent (60%) of the fair market value of the vehicle as provided by this section.
   
   K. When the insurance company pays a loss on a vehicle which is registered at the time of mishap, accident, burning, or flooding, the appropriate certificate of title shall be issued without the payment of additional registration fees or excise taxes, upon the submission of a police report or insurance adjuster's report and a declaration by the insurer that the vehicle is held for sale to a dealer. If the owner of the vehicle or other insured retains ownership of the damaged vehicle, the Tax Commission shall notify the owner or insured of the requirements of this section.
   
   
   L. through N. [intentionally omitted] 
   
   O. Any owner of a salvage or junked vehicle shall submit the certificate of title to the Oklahoma Tax Commission or motor license agent for issuance of an appropriate title. [intentionally omitted] back to top
   
   
2. What documents must an insurer provide to Copart in order to sell a vehicle on a Certificate of Title (aka “Clean Title”)?
   
   The insurer shall provide Copart with a Certificate of Title or a comparable ownership document issued by another state or jurisdiction (either endorsed over to the insurer by insured or endorsed by insurer accompanied by a power of attorney from insured to insurer), an odometer disclosure statement, a release of any liens, an ACV, and a cover sheet with the date of loss and title type requested by insurer.
   
   Copart will submit these documents along with the appropriate fee to the Oklahoma Tax Commission, Motor Vehicle Division for processing.
   
   Thereafter, the Oklahoma Tax Commission, Motor Vehicle Division shall issue a Certificate of Title in the name of the insurer.
   
   Copart, acting under a power of attorney for the insurer, will then sell the vehicle at auction and reassign the insurer’s Certificate of Title to the purchaser. [Oklahoma Statutes Title 47, §§ 1105(C), 1107, 1111(C)(3)] back to top
   
   
3. What documents must an insurer provide to Copart in order to sell a vehicle on a Salvage Certificate of Title (aka “Salvage Title”)?
   
   The insurer shall provide Copart with a Certificate of Title or a comparable ownership document issued by another state or jurisdiction (either endorsed over to the insurer by insured or endorsed by insurer accompanied by a power of attorney from insured to insurer), an odometer disclosure statement, a release of any liens, an ACV, and a cover sheet with the date of loss and title type requested by insurer.
   
   Copart will submit these documents along with the appropriate fee to the Oklahoma Tax Commission, Motor Vehicle Division for processing.
   
   Thereafter, the Oklahoma Tax Commission, Motor Vehicle Division shall issue a Salvage Certificate of Title in the name of the insurer.
   
   Copart, acting under a power of attorney for the insurer, will then sell the vehicle at auction and reassign the insurer’s Salvage Certificate of Title to the purchaser. [Oklahoma Statutes Title 47, §§ 591.8; 1105(C); 1107; 1111(C)(1) & (2)] back to top
   
   
4. What documents must an insurer provide to Copart in order to sell a vehicle on a Junk Title?
   
   The insurer shall provide Copart with a Certificate of Title or a comparable ownership document issued by another state or jurisdiction (either endorsed over to the insurer by insured or endorsed by insurer accompanied by a power of attorney from insured to insurer), an odometer disclosure statement, a release of any liens, an ACV, and a cover sheet with the date of loss and title type requested by insurer.
   
   Copart will submit these documents along with the appropriate fee to the Oklahoma Tax Commission, Motor Vehicle Division for processing.
   
   Thereafter, the Oklahoma Tax Commission, Motor Vehicle Division shall issue a Junk Certificate of Title in the name of the insurer.
   
   Copart, acting under a power of attorney for the insurer, will then sell the vehicle at auction and reassign the insurer’s Junk Certificate of Title to the purchaser. [Oklahoma Statutes, Title 47, §§ 591.8; 1105(A)(5), (B)(4), (H); 1111(B)] back to top
   
   
5. What documents must an insurer provide to Copart in order to sell a recovered theft vehicle recovered substantially intact with no substantial damage, where title is still in the name of the insured?
   
   When a vehicle has been stolen, the insurer shall provide Copart with a Title or a comparable ownership document issued by another state or jurisdiction (either endorsed over to the insurer by insured or endorsed by insurer accompanied by a power of attorney from insured to insurer), an odometer disclosure statement with last known mileage, a release of any liens, and a cover sheet with the date of loss and title type requested by insurer.
   
   After receipt of these documents, Copart will submit these documents along with the appropriate fee to the Oklahoma Tax Commission, Motor Vehicle Division for processing.
   
   Thereafter, the Oklahoma Tax Commission, Motor Vehicle Division shall send an Unrecovered Theft Title in the name of the insurer to the insurer for safekeeping. If the vehicle is recovered, the title along with an ACV will be returned to Copart by the insurer in order to obtain the appropriate title depending upon the year of the vehicle and the damage to the vehicle.
   
   Copart, acting upon a power of attorney for the insurer, will then sell the vehicle at auction and reassign the insurer’s title to the purchaser. [Oklahoma Statutes Title 47, §§ 1105(A)(4), (C)(2), (O); 1111(B), (C)(2)] back to top
   
   
6. What steps must an insurer take in Oklahoma to process an owner-retained vehicle?
   
   Pursuant to Oklahoma Statutes Title 47, § 1111 K.:
   
   When the insurance company pays a loss on a vehicle which is registered at the time of mishap, accident, burning, or flooding, the appropriate certificate of title shall be issued without the payment of additional registration fees or excise taxes, upon the submission of a police report or insurance adjuster's report and a declaration by the insurer that the vehicle is held for sale to a dealer. If the owner of the vehicle or other insured retains ownership of the damaged vehicle, the Oklahoma Tax Commission shall notify the owner or insured of the requirements of this section.
   
   Pursuant to Oklahoma Statutes Title 47, § 1111 O.:
   
   Any owner of a salvage or junked vehicle shall submit the certificate of title to the Oklahoma Tax Commission or motor license agent for issuance of an appropriate title.


7. What legal duties are imposed upon a lienholder following satisfaction of the lien?
   
   Pursuant to Oklahoma Statutes Title 47, § 1110(B):
   
   
   1. A secured party shall, within seven (7) business days after the satisfaction of the security interest, furnish directly or by mail a release of a security interest to the Tax Commission and mail a copy thereof to the last- known address of the debtor. If the security interest has been satisfied by payment from a licensed used motor vehicle dealer to whom the motor vehicle has been transferred, the secured party shall also, within seven (7) business days after such satisfaction, mail an additional copy of the release to the dealer. If the secured party fails to furnish the release as required, the secured party shall be liable to the debtor for a penalty of One Hundred Dollars ($100.00) and, in addition, any loss caused to the debtor by such failure.
   
   2. Upon release of a security interest the owner may obtain a new certificate of title omitting reference to the security interest, by submitting to the Tax Commission or to a motor license agent:
   
   
   a. a release signed by the secured party, an application for new certificate of title and the proper fees, or
   
   b. by submitting to the Tax Commission or the motor license agent an affidavit, supported by such documentation as the Tax Commission may require, by the owner on a form prescribed by the Tax Commission stating that the security interest has been satisfied and stating the reasons why a release cannot be obtained, an application for a new certificate of title and the proper fees. back to top
   
   
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