MOTOR VEHICLE CERTIFICATES OF TITLE

M.G.L. pt. Part I, tit. Title XIV, ch. c. 90D

in effect

M.G.L. c. 90D, § 1 Definitions

c. 90D, § 1. Definitions Section 1. In this chapter, except when the context otherwise requires, the following words shall have the following meanings:— ''Dealer'', any person who is engaged principally in the business of buying, selling, or exchanging vehicles and who has a place of business within the commonwealth. ''Identifying number'', the numbers, and letters if any, designated by the registrar for the purpose of identifying the vehicle. ''Implement of husbandry'', a vehicle designed and adapted primarily for agricultural, horticultural or livestock raising operations or for lifting or carrying an implement of husbandry. ''Motor vehicles'' or ''Vehicles'', all vehicles constructed and designed for propulsion by power other than muscular power including such vehicles when pulled or towed by another motor vehicle, except railroad and railway cars, vehicles operated by the system known as trolley motor or trackless trolley under chapter one hundred and sixty-three or section ten of chapter five hundred and forty-four of the acts of nineteen hundred and forty-seven, vehicles running only upon rails or tracks, vehicles used for other purposes than the transportation of property and incapable of being driven at a speed exceeding twelve miles per hour and which are used exclusively for the building, repair and maintenance of highways or designed especially for use elsewhere than on the travelled part of ways, wheelchairs owned and operated by invalids and vehicles which are operated or guided by a person on foot. The definition of ''Motor vehicles'' shall not include electric bicycles or motorized bicycles. In doubtful cases, the registrar may determine whether or not any particular vehicle is a motor vehicle as herein defined. If he determines that it should be so classified, he may require that it be registered under this chapter, but such determination shall not be admissible as evidence in any action at law arising out of the use or operation of such vehicle previous to such determination. ''Owner'', a person, other than a lien holder, having title to a vehicle. The term includes a person entitled to use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security and a bailee of any description. ''Registrar'', the registrar of motor vehicles or his duly authorized agents. ''Special mobile equipment'', vehicles exempt from registration by the registrar under the provisions of section nine of chapter ninety. ''Supporting documents'', any written document or form submitted to the registrar of motor vehicles as evidence of ownership, liens or any other information required under the provisions of this chapter. ''Total loss salvage motor vehicle'', a motor vehicle which has been stolen and unrecovered or which has been wrecked, destroyed or damaged by collision, fire, water, or other occurrence to such an extent that the owner or if the vehicle was insured, the insurer, considers it uneconomical to repair the vehicle and because of this, the vehicle is not repaired by or for the person who owned the vehicle at the time of the event resulting in such damage. ''Trailer'', any vehicle or object on wheels and having no motive power of its own, but which is drawn by, or used in combination with, a motor vehicle. It shall not include a pole dolly or pole dickey, so-called, nor a pair of wheels commonly used as an implement for other purposes than transportation, nor a portable or collapsible dolly carried in a tow truck for the purpose of transporting registered disabled vehicles to a place of safety or a place equipped for the repair of such disabled vehicles, but not including the transportation of vehicles which are not disabled, nor farm machinery or implements when used in connection with the operation of a farm or estate, nor any vehicle when towed behind a farm tractor and used in connection with the operation of a farm or estate.

M.G.L. c. 90D, § 2 Exemptions; application of sections

c. 90D, § 2. Exemptions; application of sections Section 2. (a) No certificate of title need be obtained for: (1) A vehicle owned by the United States unless it is registered in accordance with the provisions of chapter ninety; provided, that a vehicle on loan from the United States or from a motor vehicle manufacturer or distributor to the commonwealth or a political subdivision thereof, may be registered by the commonwealth or political subdivision, or by an agency of the commonwealth or a political subdivision that the loaned vehicle has been re-assigned to, without the need to apply for a certificate of title, if the registrant is in possession of a written agreement evidencing the vehicle loan and the agreement is signed by an authorized employee of the United States government agency or motor vehicle manufacturer or distributor providing the vehicle, or if reassigned from an agency of the commonwealth or a political subdivision, it is signed by an authorized employee of the agency or political subdivision of the commonwealth which received the vehicle from the United States or motor vehicle manufacturer or distributor and re-assigned it to the registrant; (2) A vehicle owned by a manufacturer or dealer and held for sale, even though incidentally moved on the highway or used for purposes of testing or demonstration; or a vehicle used by a manufacturer solely for testing; (3) A vehicle owned by a nonresident of the commonwealth for which a currently effective certificate of title has been issued in the state of residence; (4) A vehicle regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state or country; (5) A vehicle moved solely by animal power; (6) An implement of husbandry; (7) Special mobile equipment; (8) A self-propelled wheel chair or invalid tricycle; (9) Trailers having gross weight of 3,000 pounds or less; (10) A manufactured home, as defined in section 32Q of chapter 140; or (11) A vehicle purchased by a nonresident who will be transporting the vehicle to the purchaser's state of residence for registration in that state pursuant to section 2D of chapter 90. [There is no paragraph (b).]

M.G.L. c. 90D, § 3 Application of chapter

c. 90D, § 3. Application of chapter Section 3. This chapter shall not apply to or affect: (a) A lien given by statute or rule of law to a supplier of services or materials for the vehicle; (b) A lien given by statute to the United States, the commonwealth, or any political subdivision of the commonwealth; and (c) A security interest in a vehicle created by a manufacturer or dealer who holds the vehicle for sale.

M.G.L. c. 90D, § 4 Registration under chapter 90; application for certificate of title required

c. 90D, § 4. Registration under chapter 90; application for certificate of title required Section 4. (a) Except for vehicles referred to in section two, whoever acquires a motor vehicle or trailer after the effective date of this chapter, shall be required to make application for a certificate of title. Such application shall be made within ten days from the acquisition of ownership of said vehicle or trailer. (b) Except for vehicles referred to in section two, no new application for registration pertaining to a motor vehicle or trailer shall be accepted under the provisions of chapter ninety until the owner thereof makes application to the registrar for a certificate of title of the vehicle.

M.G.L. c. 90D, § 5 Owner of implement of husbandry, etc.; application of chapter, exception

c. 90D, § 5. Owner of implement of husbandry, etc.; application of chapter, exception Section 5. The owner of an implement of husbandry or special mobile equipment may apply for and obtain a certificate of title. All of the provisions of this chapter shall be applicable to a certificate of title so issued, except that a person who receives a transfer of an interest in the vehicle without knowledge of the certificate of title shall not be prejudiced by reason of the existence of the certificate, and the perfection of a security interest under this chapter shall not be effective until the lienholder has complied with the provisions of applicable law which otherwise relate to the perfection of security interests in personal property.

M.G.L. c. 90D, § 6 Certificate of origin

c. 90D, § 6. Certificate of origin Section 6. When a new vehicle is delivered in the commonwealth by a manufacturer to an agent or a franchised dealer, the manufacturer shall execute and deliver to such agent or franchised dealer a certificate of origin in such form as the registrar shall prescribe; and effective with nineteen hundred and eighty models and all subsequent years such certificate shall be on safety paper as approved by the registrar. The certificate of origin shall contain the manufacturer's vehicle identification number of the motor vehicle, the name of the manufacturer, model year, year of manufacture, number of cylinders, a general description of the body, if any, and the type of model. When a new vehicle is sold in this commonwealth, the manufacturer, his agent or his franchised dealer shall execute and deliver to the purchaser, in case of an absolute sale, assignment of the certificate of origin, or, if other than absolute sale, assignment of the certificate of origin subject to contract, signed or executed by the manufacturer, his agent or dealer, with the names and business or residence addresses of both stated thereon.

M.G.L. c. 90D, § 7 Application for first certificate of title; contents

c. 90D, § 7. Application for first certificate of title; contents Section 7. (a) The application for the first certificate of title of a vehicle in the commonwealth shall be made by the owner to the registrar on such form or forms as the registrar shall prescribe, and which shall contain: (1) The name, residence and mail address of the owner; (2) A description of the vehicle including, so far as the following data exist: its make, model, identifying number, type of body, the number of cylinders, the mileage shown on the odometer at the time of said application, and whether new or used; (3) The date of purchase by applicant, the name and address of the person from whom the vehicle was acquired, and the names and addresses of any lienholders in the order of their priority and the dates of their security agreements; (4) Any further information the registrar shall reasonably require to identify the vehicle and to enable him to determine whether the owner is entitled to a certificate of title and the existence or non-existence of security interests in the vehicle, and further data or information the registrar may require for purposes of registration under the provisions of chapter ninety. (b) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of any lienholder holding a security interest created or reserved at the time of the sale and the date of his security agreement and be signed by the dealer as well as the owner. If the application refers to a new vehicle, the application shall be accompanied by a certificate of origin. (c) If the application refers to a vehicle last previously registered in another state or country, the application shall contain or be accompanied by: (1) Any certificate of title issued by the other state or country; (2) Any other information and documents the registrar shall reasonably require to establish the ownership of the vehicle and the existence or nonexistence of security interests in it; and (3) The certificate of any person authorized by the registrar that the identifying number of the vehicle has been inspected and found to conform to the description given in the application, or any other proof of the identity of the vehicle the registrar shall reasonably require. (d) If the application refers to a vehicle leased to a nonprofit corporation, the application shall contain a statement subscribed under penalties of perjury, by the owner, setting forth the length of the lease period and the name, address, and tax exemption number of the nonprofit lessee granted under section six of chapter sixty-four H.

M.G.L. c. 90D, § 8 Check of application against records

c. 90D, § 8. Check of application against records Section 8. The registrar, upon receiving an application for a first certificate of title, shall check the identifying number of the vehicle shown in the application against the records of vehicles required to be maintained by section nine and against the record of stolen and converted vehicles required to be maintained by section thirty-three.

M.G.L. c. 90D, § 9 Issuance and record of certificates of title

c. 90D, § 9. Issuance and record of certificates of title Section 9. (a) The registrar shall file each application received and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title of the vehicle. (b) The registrar shall maintain a record of all certificates of title issued by him: (1) Under a distinctive title number assigned to the vehicle; (2) Under the identifying number of the vehicle; (3) Alphabetically, under the name of the applicant owner; and, in the discretion of the registrar, in any other method he determines.

M.G.L. c. 90D, § 10 Contents of certificate; distinctive certificates; forms; evidence; nature

c. 90D, § 10. Contents of certificate; distinctive certificates; forms; evidence; nature Section 10. (a) Each certificate of title issued by the registrar shall contain: (1) The date issued; (2) The name and address of the owner; (3) The names and addresses of any lienholders, in the order of priority as shown on the application; (4) The title number assigned to the vehicle; (5) A description of the vehicle including, so far as the following data exists: its make, model, identifying number, type of body, number of cylinders, whether new or used, and, if a new vehicle, the date of the first sale of the vehicle for use; and (6) Any other data the registrar prescribes. (b) Unless a bond is filed as provided in paragraph (b) of section twelve, a distinctive certificate of title shall be issued for a vehicle last previously registered in another state or country the laws of which do not require that lienholders be named on a certificate of title to perfect their security interests. The certificate shall contain the legend ''This vehicle may be subject to an undisclosed lien'' and may contain any other information the registrar shall prescribe. If no notice of a security interest in the vehicle is received by the registrar within four months from the issuance of the distinctive certificate of title, he shall, upon application and surrender of the distinctive certificate, issue a certificate of title in ordinary form. (c) The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, and may contain forms for applications for a certificate of title by a transferee, the naming of a lienholder and the assignment or release of the security interest of a lienholder. (d) A certificate of title issued by the registrar is prima facie evidence of the facts appearing on it. (e) A certificate of title for a vehicle, as distinguished from the vehicle itself, is not subject to attachment, execution, or other judicial process.

M.G.L. c. 90D, § 11 Mailing of certificate

c. 90D, § 11. Mailing of certificate Section 11. The certificate of title shall be mailed to the first lienholder named in it or, if none, to the owner.

M.G.L. c. 90D, § 11A Electronic recording of security interests

c. 90D, § 11A. Electronic recording of security interests Section 11A. The registrar is authorized to develop, establish and maintain an electronic data and communication system with banks, credit or other financial institutions for the purpose of electronically recording the existence of security interests under the provisions of this chapter. Where an electronic lien recording method is employed, the registrar may waive the issuance and mailing of the certificate of title to the lienholder required under section eleven. [ Two paragraphs added by 2025, 9, Sec. 38 effective January 1, 2026. See 2025, 9, Sec. 135.] Upon receiving notification of satisfaction of a security interest pursuant to section 24, the registrar may waive the issuance and mailing of the certificate of title to the owner or a third party authorized by the registrar and requested by the lienholder. If the registrar waives the issuance and mailing of the certificate of title, the registrar shall ensure that: (i) the owner or authorized third party may receive a paper certificate of title upon request; and (ii) there is a process or system established to ensure that the owner or authorized third party may effect action that would otherwise be necessary upon the certificate of title. The registrar may promulgate rules and regulations related to this section. Nothing in this section shall relieve a seller's obligation under section 15 to assign and deliver title to a purchaser or the registrar at the time of delivery of the vehicle, nor shall anything in this section relieve a purchaser's obligation under sections 1A and 2 of chapter 90 to take title to said vehicle prior to insuring or registering the vehicle.

M.G.L. c. 90D, § 12 Withholding of certificate; bond

c. 90D, § 12. Withholding of certificate; bond Section 12. If the registrar is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the registrar may register the vehicle but shall either: (a) Withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the registrar as to the applicant's ownership of the vehicle and that there are no undisclosed security interests in it; or (b) As a condition of issuing a certificate of title, require the applicant to file with the registrar a bond in such form as the registrar shall prescribe executed by the applicant, and either accompanied by the deposit of cash with the registrar or also executed by a person authorized to conduct a surety business within the commonwealth. The bond shall be in an amount equal to one and one half times the value of the vehicle as determined by the registrar and conditioned to indemnify any prior owner and lienholder and any subsequent purchaser of the vehicle or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney's fees, by reason of the issuance of the certificate of title of the vehicle or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the vehicle. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of three years or prior thereto if the vehicle is no longer registered in the commonwealth and the currently valid certificate of title is surrendered to the registrar, unless the registrar has been notified of the pendency of an action to recover on the bond. This section shall not apply to a vehicle described in subsection (e) of section 20.

M.G.L. c. 90D, § 13 Refusal of issuance; grounds

c. 90D, § 13. Refusal of issuance; grounds Section 13. The registrar shall refuse issuance of a certificate of title if any required fee is not paid or if he has reasonable grounds to believe that: (a) Except as provided for in subsection (e) of section 20, the applicant is not the owner of the vehicle; or (b) The application contains a false or fraudulent statement; or (c) The applicant fails to furnish required information or documents or any additional information the registrar reasonably requires.

M.G.L. c. 90D, § 14 Duplicate certificate of title

c. 90D, § 14. Duplicate certificate of title Section 14. (a) If a certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the first lienholder or, if none, the owner or legal representative of the owner named in the certificate, or any other transferee who has sufficient proof of ownership as determined by the registrar, shall promptly make application for and may obtain a duplicate upon furnishing information satisfactory to the registrar. The duplicate certificate of title shall contain the legend: ''This is a duplicate certificate and may be subject to the rights of a person under the original certificate''. It shall be mailed to the first lienholder named in it or, if none, to the owner. (b) The registrar shall not issue a new certificate of title to a transferee upon application made on a duplicate until fifteen days after receipt of the application. (c) A person recovering an original certificate of title for which a duplicate has been issued shall promptly surrender the original to the registrar.

M.G.L. c. 90D, § 15 Transfers; execution of assignments; application for new certificate; lienholder's rights; compliance

c. 90D, § 15. Transfers; execution of assignments; application for new certificate; lienholder's rights; compliance Section 15. (a) Except as provided for in subsection (e) of section 20, if an owner of a vehicle for which a certificate of title has been issued under this chapter transfers the owner's interest therein, other than by the creation of a security interest, the owner shall, at the time of the delivery of the vehicle, execute an assignment including the actual odometer reading and warranty of title to the transferee in the space provided therefor on the certificate, or such other form as the registrar shall prescribe, and cause the certificate and assignment to be mailed or delivered to the transferee or to the registrar. (b) Except as provided in section sixteen, the transferee shall, promptly after delivery to him of the vehicle, execute the application for a new certificate of title in the space provided therefor on the certificate or on such other form as the registrar shall prescribe, and cause the certificate and application to be mailed or delivered to the registrar. (c) Upon request of the owner or transferee, a lienholder in possession of the certificate of title shall, unless the transfer was a breach of his security agreement, either deliver the certificate to the transferee for delivery to the registrar or, upon receipt from the transferee of the owner's assignment, the transferee's application for a new certificate and the required fee, mail or deliver them to the registrar. The delivery of the certificate shall not affect the rights of the lienholder under his security agreement. (d) If a security interest is reserved or created at the time of the transfer, the certificate of title shall be retained by or delivered to the person who becomes the lienholder, and the parties shall comply with the provisions of section twenty-one. (e) Except as provided in section sixteen and as between the parties, a transfer by an owner is not effective until the provisions of this section and section eighteen have been complied with; however, an owner who has delivered possession of the vehicle to the transferee and who has complied with the provisions of this section requiring action by him shall not be held liable in any manner whatsoever after delivery of possession of the vehicle for any damages resulting from operation of the vehicle, nor for any automobile law violation which may occur in such operation, even though no new certificate of title has been issued to the transferee.

M.G.L. c. 90D, § 15A Death of registered owner of motor vehicle; presumption of joint ownership in surviving spouse

c. 90D, § 15A. Death of registered owner of motor vehicle; presumption of joint ownership in surviving spouse Section 15A. Upon the death of a married resident owner of a motor vehicle registered as a pleasure vehicle in the commonwealth, and unless otherwise provided in a will, said motor vehicle, if used for such purpose, shall be deemed to have been jointly held property with right of survivorship and the interest of said decedent shall pass to the surviving spouse, and a certificate of title shall issue as follows:— (1) Where a certificate of title has been issued on said vehicle a new certificate of title shall be issued to said spouse upon written application made to the registrar accompanied by a copy of the death certificate, the certificate of title previously issued, and the title change fee for such spouse shall be waived. (2) Where no certificate of title has been issued on said vehicle and where such transfer requires the issuance of a certificate of title a first certificate of title shall be issued to said spouse upon application to the registrar accompanied by a copy of the death certificate and any required fee. (3) A sworn affidavit to the effect that said vehicle has not been disposed of otherwise by will, shall accompany the application for the issuance of a certificate of title. Said affidavit shall be in a form prepared by the registrar. In the case of such transfer of a motor vehicle, notice of such transfer shall be sent to any lienholder of record.

M.G.L. c. 90D, § 16 Dealers; assignment and warranty of title; record of transactions

c. 90D, § 16. Dealers; assignment and warranty of title; record of transactions Section 16. (a) If a dealer buys a vehicle and holds it for resale and procures the certificate of title from the owner or the lienholder after delivery to him of the vehicle, he need not send the certificate to the registrar but, upon transferring the vehicle to another person other than by the creation of a security interest, shall promptly execute the assignment and warranty of title by a dealer, showing the names and addresses of the transferee and of any lienholder holding a security interest created or reserved at the time of the resale and the date of his security agreement, in the spaces provided therefor on the certificate or as the registrar prescribes, and mail or deliver the certificate to the registrar or transferee with the transferee's application for a new certificate. (b) Every dealer shall maintain for five years a record in such form as the registrar shall prescribe of every vehicle bought, sold or exchanged by him, or received by him for sale or exchange, which shall be open to inspection by the registrar, his agents or by any police officer during reasonable business hours.

M.G.L. c. 90D, § 17 Involuntary transfers of interests

c. 90D, § 17. Involuntary transfers of interests Section 17. (a) If the interest of any owner in a vehicle passes to another other than by voluntary transfer, the transferee shall, except as provided in paragraph (b), promptly mail or deliver to the registrar the last certificate of title, if available, proof of the transfer, and his application for a new certificate in the form the registrar prescribes. (b) If the interest of the owner is terminated or the vehicle is sold under a security agreement by a lienholder named in the certificate of title, the transferee shall promptly mail or deliver to the registrar the last certificate of title, his application for a new certificate in the form the registrar prescribes, and an affidavit made by or on behalf of the lienholder that the vehicle was repossessed and that the interest of the owner was lawfully terminated or sold pursuant to the terms of the security agreement. If the lienholder succeeds to the interest of the owner and holds the vehicle for resale, he need not secure a new certificate of title, but upon transfer to another person, shall promptly mail or deliver to the transferee or to the registrar the certificate, affidavit and other documents required to be sent to the registrar by the transferee. (c) A person holding a certificate of title whose interest in the vehicle has been extinguished or transferred other than by voluntary transfer shall mail or deliver the certificate to the registrar upon request of the registrar. The delivery of the certificate pursuant to the request of the registrar does not affect the rights of the person surrendering the certificate, and the action of the registrar in issuing a new certificate of title as provided herein is not conclusive upon the rights of an owner or lienholder named in the old certificate.

M.G.L. c. 90D, § 18 Application fee

c. 90D, § 18. Application fee Section 18. (a) An application for a certificate of title shall be accompanied by the required fee when mailed or delivered to the registrar. (b) An application for the naming of a lienholder or his assignee on a certificate of title shall be accompanied by the required fee when mailed or delivered to the registrar.

M.G.L. c. 90D, § 19 Issuance to transferee; surrendered certificates

c. 90D, § 19. Issuance to transferee; surrendered certificates Section 19. (a) The registrar, upon receipt of a properly assigned certificate of title, except as provided for in subsection (e) of section 20, with an application for a new certificate of title, the required fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner and mail it to the first lienholder named in it or, if none, to the owner. If under subsection (e) of section 20, the outstanding certificate of title is not delivered to him, the registrar shall make demand therefor from the holder thereof. (b) The registrar upon receipt of any application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to him, the registrar shall make demand therefor from the holder thereof. (c) The registrar shall file and retain every surrendered certificate of title in accordance with section 30 of chapter 90.

M.G.L. c. 90D, § 20 Total loss salvage motor vehicles; surrender of certificate of title; salvage title

c. 90D, § 20. Total loss salvage motor vehicles; surrender of certificate of title; salvage title Section 20. (a) Except as provided for in subsection (e), whenever an insurer acquires ownership of a motor vehicle which it has determined to be a total loss salvage motor vehicle, it shall, within ten days from the date of acquisition, surrender the certificate of title to the registrar and shall apply for a salvage title. (b) Whenever an insurer makes a total loss settlement on a vehicle which it has determined to be a total loss salvage motor vehicle and the insured owner or claimant retains possession and ownership of the vehicle, the insurer shall notify the registrar of such retention on a form prescribed by the registrar and the owner shall, within ten days of such settlement, surrender the certificate of title to the registrar and shall apply for a salvage title. The insurer shall notify the insured owner or claimant of said owner's or claimant's responsibility to comply with the provisions of this section. (c) Whenever a motor vehicle which is not the subject of an insurance settlement is damaged to such an extent that the owner determines said vehicle to be a total loss salvage motor vehicle, the owner shall surrender the certificate of title to the registrar and shall promptly apply for a salvage title. (d) A total loss salvage motor vehicle shall not be titled under this chapter or registered for operation under chapter ninety unless the owner complies with the provisions of section twenty D. The owner of a total loss salvage motor vehicle shall not transfer such vehicle except in accordance with section twenty C. (e)(1) Whenever an insurer acquires a motor vehicle which it has determined to be a total loss salvage motor vehicle but is unable to obtain the certificate of title, the insurer may apply for a salvage title in its name without surrendering the certificate of title. Such application shall be accompanied by evidence that the insurer has paid a total loss claim on the vehicle and made at least 2 written attempts, addressed to the last known owner of the vehicle and any known lienholder, to obtain the certificate of title. In lieu of a salvage title, the insurer may similarly apply for a certificate of title in its name for a vehicle if the age of the vehicle precludes issuance of a salvage title. (2) Whenever an insurer requests that Class 2 or Class 3 dealer take possession of a motor vehicle that is the subject of an insurance claim and subsequently a total loss claim is not paid by the insurer with respect to such motor vehicle, the Class 2 or Class 3 dealer may, if such motor vehicle has been abandoned at the facility of the Class 2 or Class 3 dealer for more than 30 days, apply for a salvage title in such dealer's name without surrendering the certificate of title. Such application shall be accompanied by evidence that the Class 2 or Class 3 dealer made at least 2 written attempts, addressed to the last known owner of the vehicle and any known lienholder, to have the vehicle removed from the facility. In lieu of a salvage title, the Class 2 or Class 3 dealer may similarly apply for a certificate of title in the dealer's name for a vehicle if the age of the vehicle precludes issuance of a salvage title.

M.G.L. c. 90D, § 20A Application for salvage title; procedure

c. 90D, § 20A. Application for salvage title; procedure Section 20A. (a) The application for the salvage title shall be made by the owner, except as provided for in subsection (e) of section 20, to the registrar on such form or forms as the registrar shall prescribe and shall be accompanied by: (1) a properly assigned certificate of title, except as provided for in said subsection (e) of said section 20; (2) any other information and documents the registrar may reasonably require to establish ownership of the vehicle and the existence or nonexistence of a lien to the extent not inconsistent with said subsection (e) of said section 20; and (3) the required fee. (b) The registrar shall file each application for salvage title received and maintain adequate record thereof and, when satisfied as to its genuineness and regularity, shall issue a salvage title. The salvage title shall serve as proof of ownership and shall contain the name and address of the owner, a description of the vehicle, a salvage certificate serial number and any other data the registrar prescribes.

M.G.L. c. 90D, § 20B Exceptions to salvage title requirement

c. 90D, § 20B. Exceptions to salvage title requirement Section 20B. No salvage title need be obtained for: (1) a vehicle owned by the United States unless it is registered in accordance with the provisions of chapter ninety; (2) a vehicle moved solely by animal power; (3) an implement of husbandry; (4) special mobile equipment; (5) trailers; (6) passenger vehicles ten or more years old; or (7) manufactured homes as defined in section thirty-two Q of chapter one hundred and forty.

M.G.L. c. 90D, § 20C Transfer of interest in vehicle with issued salvage title

c. 90D, § 20C. Transfer of interest in vehicle with issued salvage title Section 20C. (a) If an owner of a vehicle for which a salvage title has been issued under this chapter transfers his interest therein, he shall execute the assignment to the transferee on the space provided therefor on the salvage title or on such other form as the registrar shall prescribe and cause the title and assignment to be delivered to the transferee at the time of delivery of the vehicle. (b) Except for dealers licensed under the provisions of section fifty-nine of chapter one hundred and forty, the transferee of a vehicle for which a salvage title has been issued under this chapter or under the laws, of another state shall, within ten days after receiving delivery of the total loss salvage vehicle, apply for a new salvage title on the form prescribed by the registrar. The application shall be accompanied by the properly executed salvage title, required fee and any other information and documents the registrar may reasonably require to establish ownership of the vehicle. (c) If a dealer, licensed under the provisions of section fifty-nine of chapter one hundred and forty, is a transferee of a vehicle for which a salvage title has been issued, he need not apply for a new salvage title but, upon transferring the vehicle, shall execute the assignment to the transferee in the space provided for such dealer assignments on the title on such form as the registrar prescribes and cause the title and assignment to be delivered to the transferee. (d) Any transferor of a vehicle for which a salvage title has been issued under this chapter shall fully and fairly disclose that fact to any transferee for value. The director of consumer affairs and business regulation may by regulation provide for the timing, form and content of such disclosure. (e) The registrar may issue a salvage title for any motor vehicle which is transferred into the commonwealth and which was previously covered by a similar title from any other state. (f) The owner of any vehicle which would qualify as a ''total loss salvage vehicle'' under section one of chapter ninety D which is transferred into the commonwealth but was not covered by a similar title from another state shall apply for a salvage title from the registrar.

M.G.L. c. 90D, § 20D Reconstruction or restoration of total loss salvage motor vehicle

c. 90D, § 20D. Reconstruction or restoration of total loss salvage motor vehicle Section 20D. (a) Any owner who reconstructs or restores a total loss salvage motor vehicle to its operating condition which existed prior to the event which caused a salvage title to issue under this chapter or the laws of another state, or who recovers a total loss salvage motor vehicle if stolen, shall make application to the registrar for a certificate of title and an inspection of the vehicle prior to registration or sale of said vehicle. Each application for title and inspection shall be accompanied by the following: (1) the outstanding salvage title previously issued for the salvage vehicle; (2) bills of sale evidencing acquisition of all major component parts used to restore the vehicle, listing the manufacturer's vehicle identification number of the vehicle from which the parts were removed, if such part contained or should contain the manufacturer's vehicle identification number; (3) the owner shall also provide a sworn affidavit in the form prescribed by the registrar which states that: (i) the identification numbers of the restored vehicle and its parts have not been removed, destroyed, falsified, altered or defaced; (ii) the salvage title document attached to the application has not been forged, falsified, altered or counterfeited; (iii) all information contained on the application and its attachments is true and correct to the knowledge of the owner; and (4) the required inspection fee. The vehicle identification number of every vehicle for which an application is submitted shall be inspected by an inspector at a location designated by the registrar. In addition, of the vehicles presented for such inspection, a certain number may be selected for inspection of the vehicle's major component parts which have been repaired or replaced as part of the rebuilding process to determine that the vehicle's parts have not been removed, falsified, altered, defaced, destroyed, or tampered with, and that the vehicle information contained in the application and supporting documents is true and correct. The selection of vehicles to undergo said major component part inspection shall be on a random basis, in accordance with criteria and procedures established by the registrar by regulation, which may be changed from time to time as the registrar deems necessary. The inspector may examine the identification number of each part that has been repaired or replaced as a part of the rebuilding process, in addition to the vehicle identification number, and may compare said numbers to the vehicle identification numbers and identification numbers of parts entered into any state, regional, or national computer network that records the vehicle identification numbers of stolen motor vehicles and the identification numbers of stolen parts. Nothing in this section shall establish a presumption, that a part has been removed, falsified, altered, defaced, destroyed, or tampered with by a person submitting a vehicle for inspection, if such part fails to contain a required identification label. The major component inspection shall not be for the purpose of checking road worthiness or the safety condition of the vehicle. No liability shall be imposed on the registrar or the commonwealth or its agents or employees with respect to any act or omission related to said inspection. A person aggrieved by an adverse report issued under this section by a vehicle inspector, may file a written request for reconsideration of the inspector's report with the registrar, within thirty days of receiving a written copy of said report. The registrar shall assign the request for review to a hearing officer, who shall schedule a hearing to be held within thirty days of the date of the request, at a place of the registrar's choosing. The hearing officer may continue the hearing and may remove said hearing to a more appropriate place if necessary. The hearing officer may affirm or overrule the decision of the inspector. A final decision by the hearing officer shall be rendered within fifteen days of the closing of the final date of hearing. (b) Upon satisfactory inspection results, and receipt of all required documents and fees, the registrar shall issue a new certificate of title in the name of the owner which shall contain the notation ''reconstructed'', or if the vehicle was a stolen vehicle which was subsequently recovered in an undamaged condition, said certificate shall contain the notation ''recovered theft vehicle''.

M.G.L. c. 90D, § 20E Cancellation of certificate upon junking or scrapping of vehicle

c. 90D, § 20E. Cancellation of certificate upon junking or scrapping of vehicle Section 20E. (a) Any person who takes possession of a motor vehicle for the purpose of junking or scrapping shall within ten days after receipt of delivery, cause the certificate of title, salvage title or any other document required by the registrar as proof of ownership, to be surrendered to the registrar for cancellation. Said person shall maintain an adequate record of said cancellation which shall contain the name and address of the owner, a complete description of the vehicle including the vehicle identification number. (b) The registrar shall maintain an adequate record of said cancellation, which shall contain the name and address of the owner, a complete description of the vehicle including the vehicle identification number. The vehicle identification number shall remain attached to said vehicle upon destruction. (c) A motor vehicle for which the certificate of title, salvage title or any other document required by the registrar as proof of ownership, which has been surrendered for cancellation under this section shall not be titled under this chapter or registered to operate under chapter ninety.

M.G.L. c. 90D, § 20F Reassembly of motor vehicles from other motor vehicles; application for title and inspection

c. 90D, § 20F. Reassembly of motor vehicles from other motor vehicles; application for title and inspection Section 20F. (a) Any person, including a person licensed under section fifty-nine of chapter one hundred and forty, who reassembles a motor vehicle by means of welding together or connecting the frames or unit bodies of two or more motor vehicles, which are not total loss salvage vehicles, shall make application to the registrar for a certificate of title and an inspection of the motor vehicle prior to registration or sale of said vehicle. Each application for title and inspection shall be accompanied by the following: (1) the outstanding certificate of title; (2) an affidavit signed by the owner in the form prescribed by the registrar which includes the following information: (i) the identification numbers of each motor vehicle used to reassemble or connect the motor vehicle; (ii) bills of sale evidencing acquisition of all major component parts used to rebuild the vehicle with the corresponding identification numbers of the vehicles from which parts were removed if such a part contains or should contain the manufacturer's vehicle identification number; (iii) a description of the location of the point of connection or weld joint of the two or more vehicle frames; and (3) the required inspection fee. The inspection shall include an examination of the vehicle and its major component parts to determine that the vehicle information contained in the application and supporting documents is true and correct, and that there is no indication that the vehicle or any of its parts are stolen. Said inspection shall be conducted by a person appointed under the provisions of section twenty-nine of chapter ninety. Such inspection shall not be for the purpose of checking road worthiness or the safety condition of the vehicle. No liability shall be imposed upon the registrar of motor vehicles or upon the commonwealth or its agents or employees which may result from, or be connected with, any act or omission relative to said inspection. (b) Upon satisfactory inspection results and receipt of all required documents and fees, the registrar shall issue a new certificate of title which shall contain the notation ''reconstructed''.

M.G.L. c. 90D, § 21 Perfecting of security interest in vehicle

c. 90D, § 21. Perfecting of security interest in vehicle Section 21. A security interest in a vehicle for which a certificate of title is issued under this chapter is perfected by the delivery to the registrar of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the lienholder and the date of his security agreement and the required fee. The security interest is perfected as of the later of the time of the delivery and the time of attachment of the security interest.

M.G.L. c. 90D, § 21A Motor vehicles or trailers; limitation on creation of sale or security interest

c. 90D, § 21A. Motor vehicles or trailers; limitation on creation of sale or security interest Section 21A. In the case of motor vehicles or trailers, notwithstanding any other provision of law to the contrary, a transaction does not create a sale or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer.

M.G.L. c. 90D, § 22 Security interest in vehicle; requirements of owner, lienholder and subordinate lienholder

c. 90D, § 22. Security interest in vehicle; requirements of owner, lienholder and subordinate lienholder Section 22. If an owner creates a security interest in a vehicle:— (a) The owner shall immediately execute the application, in the space provided therefor on the certificate of title or on such separate form as the registrar shall prescribe, to name the lienholder on the certificate, showing the name and address of the lienholder and the date of his security agreement, and cause the certificate, application and the required fee to be mailed or delivered to the lienholder or, at the lienholder's request to the registrar. (b) The lienholder shall immediately cause the certificate, application and the required fee to be mailed or delivered to the registrar. (c) Upon request of the owner or subordinate lienholder, a lienholder in possession of the certificate of title shall either mail or deliver the certificate to the subordinate lienholder for delivery to the registrar or, upon receipt from the subordinate lienholder of the owner's application and the required fee, mail or deliver them to the registrar with the certificate. The delivery of the certificate does not affect the rights of the first lienholder under his security agreement. (d) Upon receipt of the certificate of title, application and the required fee, the registrar shall either endorse on the certificate or issue a new certificate containing the name and address of the new lienholder, and mail the certificate to the first lienholder named in it.

M.G.L. c. 90D, § 23 Assignment, etc. of security interest in vehicle; liability of lienholder; assignee's rights

c. 90D, § 23. Assignment, etc. of security interest in vehicle; liability of lienholder; assignee's rights Section 23. (a) A lienholder may assign, absolutely or otherwise, his security interest in the vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the lienholder as the holder of the security interest and the lienholder remains liable for any obligations as lienholder until the assignee is named as lienholder on the certificate. (b) It is not necessary for the assignee to have the certificate of title endorsed or issued with the assignee named as lienholder in order to continue the perfected status of the security interest against creditors of and transferees from the owner. The assignee may, however, have the certificate of title endorsed or issued with the assignee named as lienholder, upon delivering to the registrar the certificate and an assignment by the lienholder named in the certificate in the form the registrar prescribes.

M.G.L. c. 90D, § 24 Satisfaction of security interest in vehicle

c. 90D, § 24. Satisfaction of security interest in vehicle Section 24. Upon the satisfaction of a security interest in a vehicle for which the certificate of title is in the possession of the lienholder, the lienholder shall, within three days after demand and, in any event, within ten days, execute a release of his security interest, in the space provided therefor on the certificate or as the registrar shall prescribe, and mail or deliver the certificate and release to the next lienholder named therein, or, if none, to the owner or any person who delivers to the lienholder an authorization from the owner to receive the certificate. Upon the satisfaction of a security interest in a vehicle for which the certificate of title is in the possession of a prior lienholder, the lienholder whose security interest is satisfied shall within three days execute a release in such form as the registrar shall prescribe and deliver the release to the owner, or to any person who delivers to the lienholder an authorization from the owner to receive it. The lienholder in possession of the certificate of title shall either deliver the certificate to the owner, or the person authorized by him for delivery to the registrar, or, upon receipt of the release, mail or deliver it with the certificate to the registrar, who shall release the subordinate lienholder's rights on the certificate or issue a new certificate. If the payment in satisfaction of the security interest is in cash or by certified check, cashier's check, teller's check, intra-bank or inter-bank transfer of funds, or an electronic transfer of funds, the payment shall be considered cleared immediately upon receipt by a lienholder. [ Two paragraphs added by 2025, 9, Sec. 39 effective January 1, 2026. See 2025, 9, Sec. 135.] Notwithstanding subsection (a) of section 16, the registrar shall promulgate rules and regulations to establish an electronic process whereby a vehicle may be sold at retail, reassigned between dealers, or any other method of ownership transfer or sale approved by the registrar. The conveyor of the vehicle shall maintain, invalidate or surrender the existing paper certificate of title, if applicable, upon completion of the transaction and update of the electronic certificate of title for a vehicle that is retailed, reassigned or transferred under this paragraph, in a form or format prescribed by the registrar. Nothing in this section shall relieve a seller's obligation under section 15 to assign and deliver title to a purchaser or the registrar at the time of delivery of the vehicle, nor shall anything in this section relieve a purchaser's obligation under sections 1A and 2 of chapter 90 to take title to said vehicle prior to insuring or registering the vehicle.

M.G.L. c. 90D, § 24A Failure to comply with Sec. 24; civil administrative penalty assessed on lienholder by registrar; judicial review

c. 90D, § 24A. Failure to comply with Sec. 24; civil administrative penalty assessed on lienholder by registrar; judicial review Section 24A. (a) If a lienholder fails to comply with section 24, an aggrieved party may file a complaint against the lienholder with the registrar. For the purposes of this section, an aggrieved party shall be the owner or any person who delivers to the lienholder an authorization from the owner to receive the certificate of title, to whom the lienholder failed to properly deliver the certificate in accordance with section 24. (b) Notwithstanding subsections (a) and (b) of section 32, the registrar may assess a civil administrative penalty on a lienholder who fails to comply with section 24 or any regulation issued by the registrar pursuant to this section or section 24, if the noncompliance occurred after the registrar had given the lienholder written notice of the noncompliance, and after a reasonable time, as determined by the registrar and stated in the notice, had elapsed for coming into compliance. The reasonable time to be determined by the registrar shall not exceed the time limits defined in section 24. The registrar may assess the penalty without providing the written notice if the failure to comply was (i) part of a pattern of noncompliance and not an isolated instance or (ii) was willful and not the result of error. A lienholder shall not be found liable for such noncompliance if the noncompliance occurred as a result of an action or inaction of the registry or the registrar. (c) For the purpose of determining whether the noncompliance was part of a pattern of noncompliance and not an isolated instance, the registrar shall consider, but not be limited to, the following: whether the registrar had previously notified the lienholder of noncompliance with section 24 on 2 or more occasions during the previous 90–day period or on at least 1 occasion during the previous 60–day period; whether the current and previous events of noncompliance involved the same owner or person who delivered to the lienholder authorization from the owner to receive a certificate of title, as prescribed in section 24, and whether the current and previous events of noncompliance, considered together, indicate willful disregard of the statute by the lienholder. If a lienholder who has been given notice of noncompliance with section 24 fails to come into compliance within the time period stated in the notice, the civil administrative penalty may be assessed by the registrar upon such lienholder from the date of the notice. (d) Whenever the registrar seeks to assess a civil administrative penalty pursuant to section 24, the registrar shall cause to be served upon the lienholder, either by service in hand, or by certified mail, return receipt requested, written notice of his intent to assess a civil administrative penalty, which shall include a concise statement of the alleged act or omission for which the civil administrative penalty is sought to be assessed, the law that has not been complied with as a result of the alleged act or omission, the amount that the registrar seeks to assess as a civil administrative penalty for each alleged act or omission, a statement of the lienholder's right to an adjudicatory hearing on the proposed assessment, the requirements the lienholder shall comply with to avoid being considered to have waived the right to an adjudicatory hearing, and the manner of payment thereof if the lienholder elects to pay the penalty and waive an adjudicatory hearing. (e) Whenever the registrar seeks to assess a civil administrative penalty on a lienholder, the lienholder shall have the right to an adjudicatory hearing under chapter 30A, which shall apply except when inconsistent with this section. The lien holder shall be considered to have waived the right to an adjudicatory hearing unless, within 21 days of the date of the registrar's notice that he seeks to assess a civil administrative penalty, the lienholder files with the registrar a written statement denying the occurrence of any of the acts or omissions alleged by the registrar in the notice, or asserting that the money amount of the proposed civil administrative penalty is excessive. In any adjudicatory hearing authorized pursuant to chapter 30A, the registrar shall, by a preponderance of the evidence, prove the occurrence of each act or omission alleged by the registrar. If a lienholder waives his right to an adjudicatory hearing, the proposed civil administrative penalty shall be final immediately upon such waiver. If a civil administrative penalty is assessed at the conclusion of an adjudicatory hearing, the civil administrative penalty shall be final upon the expiration of 30 days if no action for judicial review of the decision is commenced pursuant to chapter 30A. (f) A lienholder who institutes proceedings for judicial review of the final assessment of a civil administrative penalty shall place the full amount of the final assessment in an interest-bearing escrow account in the custody of the clerk magistrate of the reviewing court. The establishment of the interest-bearing escrow account shall be a condition precedent to the jurisdiction of the reviewing court unless the party seeking judicial review demonstrates in a preliminary hearing held within 20 days of the filing of the complaint either the presence of a substantial question for review by the court or an inability to pay. Upon the demonstration, the court may grant an extension or waiver of the interest-bearing escrow account or may require, in lieu of the interest-bearing escrow account, the posting of a bond payable directly to the commonwealth in the amount of 125 per cent of the assessed penalty. (g) If, after judicial review, in a case where the requirement for an escrow account has been waived, and in cases where a bond has been posted in lieu of the requirement, the court affirms, in whole or in part, the assessment of a civil administrative penalty, the registrar shall be paid the amount thereof together with interest at the rate set forth in section 6C of chapter 231. If, after the review in a case where an interest-bearing escrow account has been established, the court affirms the assessment of the penalty, in whole or in part, the registrar shall be paid the amount thereof together with the accumulated interest thereon in the interest-bearing escrow account. If the court sets aside the assessment of a civil administrative penalty in a case where the amount of the penalty has been deposited in an interest-bearing escrow account, the lienholder on whom the civil administrative penalty was assessed shall be repaid the amount so set aside, together with the accumulated interest thereon. (h) Each lienholder who fails to pay a civil administrative penalty on time, and each lienholder who issues a bond pursuant to this section and who fails to pay to the registrar on time the amount required hereunder, shall be liable to the registrar for up to 3 times the amount of the civil administrative penalty, together with costs, plus interest from the time the civil administrative penalty became final and attorneys' fees, including all costs and attorneys' fees incurred directly in the collection thereof. The rate of interest shall be the rate set forth in section 6C of chapter 231. (i) In determining the amount of each civil administrative penalty in accordance with subsection (c) of section 32, the registrar shall include, but not be limited to, the following in its considerations: the actual and potential impact on aggrieved parties and other affected parties of the failure to comply; the actual and potential damages suffered, and actual or potential costs incurred, by the commonwealth, including, but not limited to, the registrar, or by any other party; whether the lienholder being assessed the civil administrative penalty took steps to prevent noncompliance, to promptly come into compliance and to remedy and mitigate whatever harm might have been done as a result of the noncompliance; whether the lienholder being assessed the civil administrative penalty has previously failed to comply with any regulation, order, license, or approval issued or adopted by the registrar, or any law which the registrar has the authority or responsibility to enforce; making compliance less costly than noncompliance; deterring future noncompliance; the financial condition of the lienholder being assessed the civil administrative penalty; and the public interest. (j) The registrar shall promulgate rules and regulations to carry out this section and section 24.

M.G.L. c. 90D, § 25 Disclosure of information by lienholder

c. 90D, § 25. Disclosure of information by lienholder Section 25. A lienholder named in a certificate of title shall, upon written request of the owner or of another lienholder named on the certificate, disclose any pertinent information as to his security agreement and the indebtedness secured by it.

M.G.L. c. 90D, § 26 Exclusiveness of method of perfecting security interests

c. 90D, § 26. Exclusiveness of method of perfecting security interests Section 26. The method provided in this chapter of perfecting and giving notice of security interests in vehicles for which certificates of title are issued, or are required to be issued, under this chapter is exclusive.

M.G.L. c. 90D, § 27 Suspension or revocation of certificate of title

c. 90D, § 27. Suspension or revocation of certificate of title Section 27. The registrar shall suspend or revoke a certificate of title, upon notice and reasonable opportunity to be heard in accordance with section thirty, when authorized by any other provision of law, or if he finds that the certificate of title was fraudulently procured or erroneously issued, or that the vehicle has been scrapped, dismantled or destroyed. Suspension or revocation of a certificate of title shall not, in itself, affect the validity of a security interest noted on it. When the registrar suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the registrar. The registrar may seize and impound any certificate of title which has been suspended or revoked.

M.G.L. c. 90D, § 28 Registrar's fees

c. 90D, § 28. Registrar's fees Section 28. The registrar shall collect fees, as determined annually by the commissioner of administration under the provision of section three B of chapter seven, for the following: (1) For filing an application for a first certificate of title, a certificate of title after a transfer, or a salvage title; (2) For each assignment of a security interest, or an addition of a lienholder; (3) For a duplicate, amended or corrected certificate of title; (4) For a certificate of search of its record for each name or identifying number searched against; and (5) For affixing a new identifying number to a vehicle. Vehicles owned by the commonwealth or any political subdivision thereof, used solely for official business, shall be exempt from the payment of fees provided by this chapter.

M.G.L. c. 90D, § 29 Forms prescribed and provided by registrar; rules and regulations; assignment of persons subject to civil service to administer this chapter

c. 90D, § 29. Forms prescribed and provided by registrar; rules and regulations; assignment of persons subject to civil service to administer this chapter Section 29. The registrar shall prescribe and provide suitable forms of applications, certificates of title, notices of security interests and all other notices and forms necessary to carry out the provisions of this chapter. The registrar may make necessary investigations to procure information required to carry out the provisions of this chapter, adopt and enforce reasonable rules and regulations to carry out the provisions of this chapter, and assign or affix a new identifying number to a vehicle if it has none, or its identifying number is destroyed or obliterated, or its motor is changed, and shall either issue a new certificate of title showing the new identifying number or make an appropriate indorsement on the original certificate. Officers and employees engaged in carrying out the provisions of this chapter shall be exempt from the provisions of chapter thirty-one; provided, however, that officers or employees who are subject to said chapter thirty-one may be assigned by the registrar to assist in the administration of the provisions of this chapter whenever he deems it to be necessary. Nothing in this paragraph shall be deemed to authorize any person engaged to carry out the provisions of this chapter to be assigned to or be employed in any office or position subject to said chapter thirty-one.

M.G.L. c. 90D, § 30 Review of ruling or decision of registrar

c. 90D, § 30. Review of ruling or decision of registrar Section 30. Any person aggrieved by a ruling or decision of the registrar under this chapter shall be entitled to review thereof in accordance with the provisions of section twenty-eight of chapter ninety.

M.G.L. c. 90D, § 31 Liability of registrar or commonwealth

c. 90D, § 31. Liability of registrar or commonwealth Section 31. Nothing contained in this chapter shall be deemed to impose any liability whatsoever upon the registrar of motor vehicles or upon the commonwealth for any damage which may result from, or be connected with, any act or omission in the issuance of any certificate of title, or in the failure to issue any such certificate.

M.G.L. c. 90D, § 32 Punishment

c. 90D, § 32. Punishment Section 32. (a) Whoever falsely makes, alters, forges, or counterfeits a certificate of title or salvage title; or alters or forges an assignment of a certificate of title or salvage title, or supporting documents, or an assignment or release of a security interest on a certificate of title or a form the registrar prescribes; or has possession of or uses a certificate of title or salvage title, knowing it to have been altered, forged, or counterfeited; or uses a false or fictitious name or address, or makes a material false statement or fails to disclose a security interest, or conceals any other material fact, in an application for a certificate of title or salvage title; or supporting documents, shall be punished by a fine of not more than one thousand dollars or by imprisonment in the state prison for not more than five years, or in a jail or house of correction for not more than two years, or both. (b) Whoever permits another not entitled thereto, to use or have possession of a certificate of title or salvage title or fails to mail or deliver a certificate of title, salvage title or application therefor to the registrar within ten days after the time required by this chapter, or whoever fails to deliver to the transferee or the registrar a certificate of title or salvage title within ten days after the time required by this chapter, or violates any other provision of the chapter, except as provided for in paragraph (a), shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars or by imprisonment in a jail or house of correction for not more than six months, or both. (c) Notwithstanding subsections (a) and (b), a lienholder who is found to be in violation of section 24 in accordance with the procedures set forth in section 24A shall be punished by a fine of not less than $500 for a first offense. For each successive violation, the fine shall not be less than $1,000 nor more than $2,000; but, if the lienholder has been cited and punished by the registrar for noncompliance 5 or more times in the preceding 12 month period, the penalty shall not be less than $5,000 for each subsequent offense.

M.G.L. c. 90D, § 33 Theft, conversion or recovery of a vehicle, report; dealers' charge for certificates procured

c. 90D, § 33. Theft, conversion or recovery of a vehicle, report; dealers' charge for certificates procured Section 33. A police officer, as defined in section one of chapter ninety C, who learns of the theft of a vehicle not since recovered, or of the recovery of a vehicle whose theft or conversion he knows or has reason to believe has been reported to the registrar, shall forthwith report the theft or recovery to the registrar. The registrar shall maintain a record of stolen, converted, recovered and unclaimed vehicles reported to it under this section. An owner or a lienholder may report the theft of a vehicle or its conversion if a crime, to the registrar, but the registrar may disregard the report of a conversion unless a warrant has been issued for the arrest of a person charged with the conversion. A person who has so reported the theft or conversion of a vehicle shall, forthwith after learning of its recovery, report the recovery to the registrar. Dealers who procure, or assist purchasers to procure, certificates of title for vehicles sold by them, may charge the purchasers for such services not more than five dollars for each transaction.

M.G.L. c. 90D, § 34 Previously registered vehicle, defined

c. 90D, § 34. Previously registered vehicle, defined Section 34. A ''previously registered vehicle'' means a vehicle registered by the registrar when this chapter takes effect or a vehicle whose last registration before this chapter takes effect was by the registrar.

M.G.L. c. 90D, § 35 Application of chapter to previously registered vehicle

c. 90D, § 35. Application of chapter to previously registered vehicle Section 35. This chapter shall not apply to a previously registered vehicle until: (a) there is a change in the ownership thereof, after this chapter takes effect; or, (b) the registrar issues a certificate of title for the vehicle; or, (c) the owner creates a security interest in the vehicle, after this chapter takes effect; or, (d) September first, nineteen hundred and eighty-two; or (e) until owner fails to renew registration of a nontitled motor vehicle within one year after expiration.

M.G.L. c. 90D, § 36 Previously registered vehicle; undisclosed security interest; distinctive certificate

c. 90D, § 36. Previously registered vehicle; undisclosed security interest; distinctive certificate Section 36. If the registrar questions the existence of undisclosed security interests, created before this chapter takes effect, in a previously registered vehicle, he may, in addition to the provisions of section ten, issue a distinctive certificate of title of the vehicle containing the legend: ''For Registration Purposes Only. This vehicle may be subject to an undisclosed lien'' and any other information the registrar prescribes.

M.G.L. c. 90D, § 37 Perfection of security interest created prior to effective date of this chapter; law applicable

c. 90D, § 37. Perfection of security interest created prior to effective date of this chapter; law applicable Section 37. The perfection of a security interest, created prior to the date this chapter takes effect, shall be governed by the provisions of chapter one hundred and six, until a certificate of title is issued naming the secured party as lienholder therein.

M.G.L. c. 90D, § 38 Validity of certificate issued prior to certain dates

c. 90D, § 38. Validity of certificate issued prior to certain dates Section 38. Nothing contained in this chapter shall be deemed to impair the validity of any certificate of registration issued by the registrar prior to September first, nineteen hundred and seventy-two or within a period of two years next following said date, regardless of the validity or invalidity of any certificate of title issued in connection therewith.

M.G.L. c. 90D, § 39 Electronic signatures accepted by registrar

c. 90D, § 39. Electronic signatures accepted by registrar [ Text of section added by 2025, 9, Sec. 40 effective January 1, 2026. See 2025, 9, Sec. 135.] Section 39. Electronic signatures as prescribed in section 9 of chapter 110G shall be accepted by the registrar through the electronic process prescribed under section 24. The registrar may promulgate rules and regulations for the requirements for electronic signature authentication, maintenance, invalidation or surrender of a secure paper title bearing an original signature. Nothing in this chapter shall relieve a seller's obligation under section 15 to assign and deliver title to a purchaser or the registrar at the time of delivery of the vehicle, nor shall anything in this chapter relieve a purchaser's obligation under sections 1A and 2 of chapter 90 to take title to said vehicle prior to insuring or registering the vehicle.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90DFetched: 10/20/2026