Section 2105-A. Liens on motor vehicles for failure to make child support payments  


Latest version.
  • (a) The commissioner, on behalf of the department, shall enter
      into a  written  agreement  with  the  commissioner  of  the  office  of
      temporary and disability assistance which shall set forth the procedures
      for creation of security interests on vehicles in favor of the office of
      temporary  and  disability assistance, a social services district or its
      authorized representative as provided for in section two hundred  eleven
      of  the lien law and section one hundred eleven-u of the social services
      law.
        (b) Such agreement shall include:
        (1) the procedures under which the office of temporary and  disability
      assistance  shall  notify  the department of a security interest arising
      for failure to make payments of child  support  or  combined  child  and
      spousal  support,  including  data  standards  for  determining that the
      person against whom such lien will be imposed is the person  owing  such
      arrears;
        (2)  the procedures under which the office of temporary and disability
      assistance shall notify the department that an individual has  satisfied
      the security interest;
        (3)  the  procedure,  subject  to  the approval of the director of the
      division of the budget, for reimbursement  of  the  department  and  its
      agents   for  the  additional  costs  of  carrying  out  the  procedures
      authorized by this section, section two hundred eleven of the  lien  law
      and section one hundred eleven-u of the social services law;
        (4)  such  other  matters  as the parties to such agreement shall deem
      necessary to carry out the  provisions  of  this  section,  section  two
      hundred  eleven  of the lien law and section one hundred eleven-u of the
      social services law.
        (c) A security interest arising under section two  hundred  eleven  of
      the  lien law and entered into the records of the department pursuant to
      this article shall be listed on  any  subsequent  certificate  of  title
      issued to such person for the same or any other vehicle.
        (d)  Notwithstanding  any  other  inconsistent  provision  of law, any
      purchaser of a vehicle which is subject to  a  security  interest  under
      this  section, including a motor vehicle dealer registered under section
      four  hundred  fifteen  of  this  chapter,  shall  take   such   vehicle
      unencumbered  by  such lien which was not recorded on the certificate of
      title used to transfer the vehicle.