New Hampshire 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 CarBuyerUSA in order to sell a vehicle on a Certificate of Title?
3. What documents must an insurer provide to CarBuyerUSA in order to sell a vehicle on a Salvage Certificate of Title?
4. What documents must an insurer provide to CarBuyerUSA 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?
5. What steps must an insurer take in New Hampshire to process an owner-retained vehicle?
6. 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?
   
   I. intentionally omitted
   
   II. Any insurance firm or representative thereof who shall declare a motor vehicle other than an exempt vehicle as provided in RSA 261:3 as having been a total loss shall make application for a salvage certificate of title within 20 days of the total loss payment. Such application shall be accompanied by:
   
   
   (a) Any certificate of title;
   (b) Any other information and documents the director reasonably requires to establish ownership of the vehicle and the existence or nonexistence of security interest in it; and
   (c) The required fee of $10.
   
   
   III. The department shall file each application received and when satisfied as to its genuineness and regularity and when satisfied that the applicant is entitled to the issuance of a salvage certificate of title shall issue a salvage certificate of title of the vehicle to the owner. The salvage certificate of title shall serve as proof of ownership and shall contain a legend indicating that the vehicle has been declared a total loss. The department may adopt rules relative to the circumstances, if any, under which a salvage certificate of title should reflect any legend pertaining to recovered theft.
   
   IV. intentionally omitted
   
   IV-a. Before selling to any buyer any used vehicle, the title to which is required to be marked "salvage" pursuant to this section, the seller shall disclose to the buyer in writing that the vehicle is a salvage vehicle and the reasons for such designation. Failure to comply with the provisions of this paragraph shall constitute an unfair or deceptive act or practice under RSA 358-A:2.
   
   V. intentionally omitted
   
   VI. For purposes of this section, a total loss vehicle shall mean either an unrecovered stolen vehicle or one which has sustained damage or injury so extensive that it is physically or economically impractical to repair. [New Hampshire Revised Statutes § 261:22]
   
   
   (a) When an insurance company declares a motor vehicle, other than an exempt vehicle, as a total loss, the company shall make application for a salvage certificate of title on form TDMV 24 within 20 days of the total loss payment.
   (b) The insurance company shall submit to the bureau the following along with TDMV 24:
   
   (1) The previous owner's properly assigned certificate of title, pursuant to Saf-C 1925.01; and
   (2) The appropriate fee.
   (c) Upon receipt of the completed application and fee, the bureau shall issue a salvage certificate of title to the insurance company. When properly executed, the salvage certificate of title shall be a valid instrument to convey an interest in the vehicle.
   (d) through
   (f) intentionally omitted
   
   [New Hampshire Code Admin. R. Saf-C 1922.01]
   
   In the instance that a vehicle was considered a total loss because of theft, and subsequently the vehicle is recovered with no damage as confirmed by an insurance company's written statement, the title brand shall read 'recovered theft' and no salvage decal shall be affixed to the vehicle, after physical examination and confirmation by a title investigator.
   
   [New Hampshire Code Admin. R. Saf-C 1922.03] back to top
   
   
2. What documents must an insurer provide to CarBuyerUSA in order to sell a vehicle on a Certificate of Title?
   
   The insurer shall provide CarBuyerUSA with a Certificate of Title or a comparable ownership document issued by another state or jurisdiction (either endorsed over to the insurer or accompanied by a power of attorney), an odometer disclosure statement, and a release of any liens.
   
   CarBuyerUSA will submit these documents along with a Title Application (TDMV-23A) and the appropriate fee to the Division of Motor Vehicles for processing. Thereafter, the Division of Motor Vehicles shall issue a Certificate of Title in the name of the insurer.
   
   CarBuyerUSA, 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.
   
   [New Hampshire Revised Statutes § 261:21] back to top
   
   
3. What documents must an insurer provide to CarBuyerUSA in order to sell a vehicle on a Salvage Certificate of Title?
   
   The insurer shall provide CarBuyerUSA with a Certificate of Title or a comparable ownership document issued by another state or jurisdiction (either endorsed over to the insurer or accompanied by a power of attorney), an odometer disclosure statement, a release of any liens, and a letter from the insurance company stating vehicle has been declared a total loss.
   
   CarBuyerUSA will submit these documents along with an Application for Salvage Certificate (TDMV-24) and the appropriate fee to the Division of Motor Vehicles for processing.
   
   Thereafter, the Division of Motor Vehicles shall issue a Salvage Certificate of Title in the name of the insurer.
   
   CarBuyerUSA, 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.
   
   [New Hampshire Revised Statutes § 261:22; New Hampshire Code Admin. R. SafC 1922.01] back to top


4. What documents must an insurer provide to CarBuyerUSA 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?
   
   hen a vehicle has been stolen, the insurer shall provide CarBuyerUSA with a Certificate of Title or a comparable ownership document issued by another state or jurisdiction (either endorsed over to the insurer or accompanied by a power of attorney), an odometer disclosure statement with last known mileage, and a release of any liens.
   
   After receipt of these documents, CarBuyerUSA will submit these documents along with an Application for Salvage Certificate (TDMV-24) and the appropriate fee to the Division of Motor Vehicles for processing.
   
   Thereafter, the Division of Motor Vehicles shall issue a Salvage Certificate of Title in the name of the insurer and return it to CarBuyerUSA. Upon receipt, CarBuyerUSA will forward the Salvage Certificate of Title to the insurer for safekeeping.
   
   If the vehicle is recovered, the insurer will return the Salvage Certificate of Title to CarBuyerUSA. If the vehicle was recovered with no damage as confirmed by an insurance company's written statement, CarBuyerUSA shall apply to the Division of Motor Vehicles for a Certificate of Title branded "recovered theft".
   
   CarBuyerUSA, acting upon 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.
   
   [New Hampshire Revised Statutes § 261:22(VI); New Hampshire Code Admin. R. Saf-C 1922.03] back to top


5. What steps must an insurer take in New Hampshire to process an ownerretained vehicle?
   
   No specific requirements. back to top
   
   
6. What legal duties are imposed upon a lienholder following satisfaction of the lien?
   
   I. Upon the satisfaction of a security interest in a vehicle for which the certificate of title is in the possession of the lienholder, he shall, within 10 days after demand and, in any event, within 30 days, execute a release of his security interest, in the space provided therefor on the certificate or as the director prescribes, 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. The owner, other than a dealer holding the vehicle for resale, shall promptly cause the certificate and release to be mailed or delivered to the department, which shall release the lienholder's rights on the certificate or issue a new certificate.
   
   II. 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 10 days after demand execute a release in the form the director prescribes and deliver the release to the owner or 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 the owner, for delivery to the department or, upon receipt of the release, mail or deliver it with the certificate to the department, which shall release the subordinate lienholder's rights on the certificate or issue a new certificate. If the lienholder does not have the certificate, the lienholder shall, within 7 days of receipt of final payment on the loan, apply for a duplicate title, a copy of which shall be sent to the payor.
   
   [New Hampshire Revised Statutes § 261:27] back to top
   
   
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