Full Text of SB1653 99th General Assembly
SB1653 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1653 Introduced 2/20/2015, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/3-114 | from Ch. 95 1/2, par. 3-114 |
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Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning transfer by operation of law.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 3-114 as follows:
| 6 | | (625 ILCS 5/3-114) (from Ch. 95 1/2, par. 3-114)
| 7 | | Sec. 3-114. Transfer by operation of law.
| 8 | | (a) If the the interest of an owner in a vehicle passes to | 9 | | another other
than by voluntary transfer, the transferee shall, | 10 | | except as provided in
paragraph (b), promptly mail or deliver | 11 | | within 20 days to the
Secretary of State the last certificate | 12 | | of title, if available, proof of
the transfer, and his | 13 | | application for a new certificate in the form the
Secretary of | 14 | | State prescribes. It shall be unlawful for any person
having | 15 | | possession of a certificate of title for a motor vehicle,
| 16 | | semi-trailer, or house car by reason of his having a lien or | 17 | | encumbrance
on such vehicle, to fail or refuse to deliver such | 18 | | certificate to the
owner, upon the satisfaction or discharge of | 19 | | the lien or encumbrance,
indicated upon such certificate of | 20 | | title.
| 21 | | (b) If the interest of an owner in a vehicle passes to | 22 | | another under
the provisions of the Small Estates provisions of | 23 | | the Probate Act of 1975 the
transferee shall promptly mail or |
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| 1 | | deliver to the Secretary of State, within 120
days, the last | 2 | | certificate of title, if available, the documentation required
| 3 | | under the provisions of the Probate Act of 1975, and an | 4 | | application for
certificate of title. The Small Estate | 5 | | Affidavit form shall be furnished by the
Secretary of State. | 6 | | The transfer may be to the transferee or to the nominee of
the | 7 | | transferee.
| 8 | | (c) If the interest of an owner in a vehicle passes to | 9 | | another under
other provisions of the Probate Act of 1975, as | 10 | | amended, and the transfer is
made by a representative or | 11 | | guardian, such transferee shall promptly mail or
deliver to the | 12 | | Secretary of State, the last certificate of title, if | 13 | | available,
and a certified copy of the letters of office or | 14 | | guardianship, and an
application for certificate of title. Such | 15 | | application shall be made before the
estate is closed. The | 16 | | transfer may be to the transferee or to the nominee of
the | 17 | | transferee.
| 18 | | (d) If the interest of an owner in joint tenancy passes to | 19 | | the other
joint tenant with survivorship rights as provided by | 20 | | law, the transferee
shall promptly mail or deliver to the | 21 | | Secretary of State, the last
certificate of title, if | 22 | | available, proof of death of the one joint
tenant and | 23 | | survivorship of the surviving joint tenant, and an
application | 24 | | for certificate of title. Such application shall be made
within | 25 | | 120 days after the death of the joint tenant. The transfer may
| 26 | | be to the transferee or to the nominee of the transferee.
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| 1 | | (e) The Secretary of State shall transfer a decedent's | 2 | | vehicle title to
any legatee, representative or heir of the | 3 | | decedent who submits to the
Secretary a death certificate and | 4 | | an affidavit by an attorney at law on the
letterhead stationery | 5 | | of the attorney at law stating the facts of the
transfer.
| 6 | | (f) Repossession with assignment of title. In all cases | 7 | | wherein a
lienholder has repossessed a vehicle by other
than | 8 | | judicial process and holds it for resale under a security | 9 | | agreement, and
the owner of record has executed an assignment | 10 | | of the existing certificate of
title after default, the | 11 | | lienholder may proceed to sell or otherwise dispose of
the | 12 | | vehicle
as authorized under the Uniform Commercial Code. Upon | 13 | | selling the vehicle to
another person, the lienholder need not | 14 | | send the certificate of title to the
Secretary of State, but | 15 | | shall promptly and within 20 days mail or deliver to
the | 16 | | purchaser
as transferee the existing certificate of title for | 17 | | the repossessed vehicle,
reflecting the release of the | 18 | | lienholder's security interest in the vehicle.
The application | 19 | | for a certificate of title made by the
purchaser shall comply | 20 | | with subsection (a) of Section 3-104 and be accompanied
by the | 21 | | existing certificate of title for the repossessed vehicle.
The | 22 | | lienholder shall execute the assignment and warranty of title | 23 | | showing the
name and address of the purchaser in the spaces | 24 | | provided therefor on the
certificate of title or as the | 25 | | Secretary of State prescribes. The lienholder
shall complete | 26 | | the assignment of title in the certificate of title to reflect
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| 1 | | the transfer of the vehicle to the lienholder and also a | 2 | | reassignment to
reflect the transfer from the lienholder to the | 3 | | purchaser. For this purpose,
the lienholder is specifically | 4 | | authorized
to complete and execute
the space reserved in the | 5 | | certificate of title for a dealer reassignment,
| 6 | | notwithstanding that the lienholder is not a licensed dealer. | 7 | | Nothing herein
shall be construed to mean that the lienholder | 8 | | is taking title to the
repossessed vehicle for purposes of | 9 | | liability for retailer occupation, vehicle
use, or other tax | 10 | | with respect to the proceeds from the repossession sale.
| 11 | | Delivery of the existing certificate of title to the purchaser | 12 | | shall be deemed
disclosure to the purchaser of the owner of the | 13 | | vehicle.
| 14 | | (f-5) Repossession without assignment of title. Subject to | 15 | | subsection (f-30), in all cases wherein a
lienholder has | 16 | | repossessed a vehicle
by other than judicial process and holds | 17 | | it for resale under a security
agreement,
and the owner of | 18 | | record has not executed an assignment of the existing
| 19 | | certificate of title,
the lienholder shall comply with the | 20 | | following provisions:
| 21 | | (1) Prior to sale, the lienholder shall deliver or mail | 22 | | to the owner at
the owner's last known address and to any | 23 | | other lienholder of record, a notice
of redemption
setting | 24 | | forth the following information: (i) the name of the owner | 25 | | of record
and in bold type at or near the top of the notice | 26 | | a statement that the owner's
vehicle was repossessed on a |
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| 1 | | specified date for failure to make payments on the
loan (or | 2 | | other reason), (ii) a
description of the vehicle subject to | 3 | | the lien sufficient to identify it, (iii)
the right of the | 4 | | owner to redeem the vehicle, (iv) the lienholder's intent | 5 | | to
sell or otherwise dispose of the vehicle after the | 6 | | expiration of 21 days from
the date of mailing or delivery | 7 | | of the notice, and (v) the name, address, and
telephone | 8 | | number of the lienholder from
whom information may be
| 9 | | obtained concerning the amount due to redeem the vehicle | 10 | | and from whom
the vehicle may be redeemed under
Section | 11 | | 9-623 of the Uniform Commercial Code. At the
lienholder's | 12 | | option, the
information required to be set forth in this | 13 | | notice of redemption
may be made a part of or accompany the | 14 | | notification of sale or other
disposition
required under | 15 | | Section 9-611 of the
Uniform
Commercial Code, but none of | 16 | | the information required by this notice shall
be construed | 17 | | to impose any requirement under Article 9 of the Uniform
| 18 | | Commercial Code.
| 19 | | (2) With respect to the repossession of a vehicle used | 20 | | primarily for
personal, family, or household purposes, the | 21 | | lienholder shall also deliver or
mail to the owner at the | 22 | | owner's last known address an affidavit
of defense. The | 23 | | affidavit of defense shall accompany the notice of
| 24 | | redemption
required in subdivision (f-5)(1) of
this | 25 | | Section. The affidavit of defense shall (i) identify the | 26 | | lienholder,
owner, and the
vehicle; (ii) provide space for |
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| 1 | | the owner to state the defense claimed by the
owner; and | 2 | | (iii) include an acknowledgment by the owner that the owner | 3 | | may be
liable to the lienholder for fees, charges, and | 4 | | costs incurred by the
lienholder in establishing the | 5 | | insufficiency or invalidity of the owner's
defense. To stop | 6 | | the transfer of title, the affidavit of defense must be
| 7 | | received by the
lienholder no later than 21 days after the | 8 | | date of mailing or delivery of the
notice required in | 9 | | subdivision (f-5)(1) of this Section. If the lienholder
| 10 | | receives the affidavit from the owner in a timely manner, | 11 | | the lienholder must
apply to a court of competent | 12 | | jurisdiction to determine if the lienholder is
entitled to | 13 | | possession of the vehicle.
| 14 | | (3) Upon selling the vehicle to another person, the | 15 | | lienholder need not
send the certificate of title to the | 16 | | Secretary of State, but shall
promptly and within 20 days | 17 | | mail or deliver to the purchaser as transferee (i)
the | 18 | | existing
certificate of title for the repossessed vehicle, | 19 | | reflecting the release of the
lienholder's security | 20 | | interest in the vehicle; and (ii) an affidavit of
| 21 | | repossession made by or on behalf of the lienholder which | 22 | | provides the
following information: that the vehicle was | 23 | | repossessed, a description of the
vehicle sufficient to | 24 | | identify it, whether the vehicle has been damaged in
excess | 25 | | of 33 1/3% of its fair market value as required under | 26 | | subdivision (b)(3)
of Section 3-117.1, that the owner and |
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| 1 | | any other lienholder of record were
given the notice | 2 | | required in subdivision (f-5)(1) of this Section,
that the | 3 | | owner of record was given the affidavit of defense required | 4 | | in
subdivision (f-5)(2) of this Section,
that the interest | 5 | | of the owner was lawfully terminated or sold pursuant to | 6 | | the
terms of the security agreement, and the purchaser's | 7 | | name and address.
If the vehicle is damaged in excess of 33 | 8 | | 1/3% of its fair market value, the
lienholder shall make | 9 | | application for a salvage certificate under Section
| 10 | | 3-117.1 and transfer the vehicle to a person eligible to | 11 | | receive assignments of
salvage certificates identified in | 12 | | Section 3-118.
| 13 | | (4) The application for a certificate of title made by | 14 | | the purchaser shall
comply with subsection (a) of Section | 15 | | 3-104 and be accompanied by the affidavit
of repossession | 16 | | furnished by the lienholder and the existing certificate of
| 17 | | title for the repossessed vehicle.
The lienholder shall | 18 | | execute the assignment and warranty of title showing the
| 19 | | name and address of the purchaser in the spaces provided | 20 | | therefor on the
certificate of title or as the Secretary of | 21 | | State prescribes. The lienholder
shall complete the | 22 | | assignment of title in the certificate of title to reflect
| 23 | | the transfer of the vehicle to the lienholder and also a | 24 | | reassignment to
reflect the transfer from the lienholder to | 25 | | the purchaser. For this purpose,
the lienholder is | 26 | | specifically authorized to execute the assignment on |
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| 1 | | behalf
of the owner as seller if the owner has not done so | 2 | | and to complete and execute
the space reserved in the | 3 | | certificate of title for a dealer reassignment,
| 4 | | notwithstanding that the lienholder is not a licensed | 5 | | dealer. Nothing herein
shall be construed to mean that the | 6 | | lienholder is taking title to the
repossessed vehicle for | 7 | | purposes of liability for retailer occupation, vehicle
| 8 | | use, or other tax with respect to the proceeds from the | 9 | | repossession sale.
Delivery of the existing certificate of | 10 | | title to the purchaser shall be deemed
disclosure to the | 11 | | purchaser of the owner of the vehicle.
In the event the | 12 | | lienholder does not hold
the certificate of title for the | 13 | | repossessed vehicle, the lienholder shall
make application | 14 | | for and may obtain a new certificate of title in the name | 15 | | of
the lienholder upon furnishing information satisfactory | 16 | | to the Secretary of
State. Upon receiving the new | 17 | | certificate of title, the lienholder may proceed
with the | 18 | | sale described in subdivision (f-5)(3), except that upon | 19 | | selling the
vehicle the lienholder shall promptly and | 20 | | within 20 days mail or deliver to the
purchaser the new | 21 | | certificate of title reflecting the assignment and | 22 | | transfer
of title to the purchaser.
| 23 | | (5) Neither the lienholder nor the owner shall file | 24 | | with the Office of
the Secretary of State the notice of | 25 | | redemption or affidavit of defense
described in | 26 | | subdivisions (f-5)(1) and (f-5)(2) of this Section. The |
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| 1 | | Office of
the Secretary of State shall not determine the | 2 | | merits of an owner's affidavit
of defense, nor consider any | 3 | | allegations or assertions regarding the validity
or | 4 | | invalidity of a lienholder's claim to the vehicle or an | 5 | | owner's asserted
defenses to the repossession action.
| 6 | | (f-7) Notice of reinstatement in certain cases.
| 7 | | (1) Subject to subsection (f-30), if, at the time of | 8 | | repossession by a lienholder that is seeking to
transfer | 9 | | title pursuant to subsection (f-5), the owner has paid an | 10 | | amount equal
to 30% or more of the deferred payment price | 11 | | or total of payments due, the
owner may, within 21 days of | 12 | | the date of repossession, reinstate the contract
or loan | 13 | | agreement and recover the vehicle from the lienholder by | 14 | | tendering in a
lump sum (i) the total of all unpaid | 15 | | amounts, including any unpaid delinquency
or deferral | 16 | | charges due at the date of reinstatement, without | 17 | | acceleration; and
(ii) performance necessary to cure any | 18 | | default other than nonpayment of the
amounts due; and (iii)
| 19 | | all reasonable costs and fees incurred by the lienholder in | 20 | | retaking, holding,
and preparing the vehicle for | 21 | | disposition and in arranging for the sale of the
vehicle. | 22 | | Reasonable costs and fees incurred by the lienholder | 23 | | include without
limitation repossession and storage | 24 | | expenses and, if authorized by the contract
or loan | 25 | | agreement, reasonable attorneys' fees and collection | 26 | | agency charges.
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| 1 | | (2) Tender of payment and performance pursuant to this | 2 | | limited right of
reinstatement restores to the owner his | 3 | | rights under the contract or loan
agreement as though no | 4 | | default had occurred. The owner has the right to
reinstate | 5 | | the contract or loan agreement and recover the vehicle from | 6 | | the
lienholder only once under this subsection. The | 7 | | lienholder may, in the
lienholder's sole discretion, | 8 | | extend the period during which the owner may
reinstate the | 9 | | contract or loan agreement and recover the vehicle beyond | 10 | | the 21
days allowed under this subsection, and the | 11 | | extension shall not subject the
lienholder to liability to | 12 | | the owner under the laws of this State.
| 13 | | (3) The lienholder shall deliver or mail written notice | 14 | | to the owner at
the
owner's last known address, within 3 | 15 | | business days of the date of repossession,
of the owner's | 16 | | right to reinstate the contract or loan agreement and | 17 | | recover
the vehicle pursuant to the limited right of | 18 | | reinstatement described in this
subsection. At the | 19 | | lienholder's option, the information required to be set
| 20 | | forth in this notice of reinstatement may be made part of | 21 | | or accompany the
notice of redemption required in | 22 | | subdivision (f-5)(1) of this Section and the
notification | 23 | | of sale or other disposition required under
Section 9-611 | 24 | | of the Uniform Commercial Code, but none of the
information
| 25 | | required by this notice of reinstatement shall be construed | 26 | | to impose any
requirement under Article 9 of the Uniform |
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| 1 | | Commercial Code.
| 2 | | (4) The reinstatement period, if applicable, and the | 3 | | redemption period
described in subdivision (f-5)(1) of | 4 | | this Section, shall run concurrently if
the information | 5 | | required to be set forth in the notice of reinstatement is | 6 | | part
of or accompanies the notice of redemption. In any | 7 | | event, the 21 day
redemption period described in | 8 | | subdivision (f-5)(1) of this Section shall
commence on the | 9 | | date of
mailing or delivery to the owner of the information | 10 | | required to be set forth in
the notice of redemption, and | 11 | | the 21 day reinstatement period described in this
| 12 | | subdivision, if applicable, shall commence on the date of | 13 | | mailing or delivery
to the owner of the information | 14 | | required to be set forth in the notice of
reinstatement.
| 15 | | (5) The Office of the Secretary of State shall not | 16 | | determine the merits of
an owner's claim of right to | 17 | | reinstatement, nor consider any allegations or
assertions | 18 | | regarding the validity or invalidity of a lienholder's | 19 | | claim to the
vehicle or an owner's asserted right to | 20 | | reinstatement. Where a lienholder is
subject to licensing | 21 | | and regulatory supervision by the State of Illinois, the
| 22 | | lienholder shall be subject to all of the powers and | 23 | | authority of the
lienholder's primary State regulator to | 24 | | enforce compliance with the procedures
set forth in this | 25 | | subsection (f-7).
| 26 | | (f-10) Repossession by judicial process. In all cases |
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| 1 | | wherein a lienholder
has repossessed a vehicle by
judicial
| 2 | | process and holds it for resale under a security agreement, | 3 | | order for replevin,
or other court order establishing the | 4 | | lienholder's right to possession of the
vehicle, the lienholder | 5 | | may proceed to sell or otherwise dispose of the vehicle
as | 6 | | authorized under the Uniform Commercial Code or the court | 7 | | order. Upon
selling the vehicle to another person, the | 8 | | lienholder need not send the
certificate of title to the | 9 | | Secretary of State, but shall promptly and within
20 days mail | 10 | | or
deliver to the purchaser as transferee (i) the existing | 11 | | certificate of title
for the repossessed vehicle reflecting the | 12 | | release of the lienholder's security
interest in the vehicle; | 13 | | (ii) a certified copy of the court order; and (iii) a
bill of | 14 | | sale identifying the new owner's name and address and the year, | 15 | | make,
model, and vehicle identification number of the vehicle.
| 16 | | The application for a certificate of title made by the | 17 | | purchaser shall comply
with subsection (a) of Section 3-104 and | 18 | | be accompanied by the certified copy
of the court order | 19 | | furnished by the
lienholder and the existing certificate of | 20 | | title for the repossessed vehicle.
The lienholder shall execute | 21 | | the assignment and warranty of title showing the
name and | 22 | | address of the purchaser in the spaces provided therefor on the
| 23 | | certificate of title or as the Secretary of State prescribes. | 24 | | The lienholder
shall complete the assignment of title in the | 25 | | certificate of title to reflect
the transfer of the vehicle to | 26 | | the lienholder and also a reassignment to
reflect the transfer |
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| 1 | | from the lienholder to the purchaser. For this purpose,
the | 2 | | lienholder is specifically authorized to execute the | 3 | | assignment on behalf
of the owner as seller if the owner has | 4 | | not done so and to complete and execute
the space reserved in | 5 | | the certificate of title for a dealer reassignment,
| 6 | | notwithstanding that the lienholder is not a licensed dealer. | 7 | | Nothing herein
shall be construed to mean that the lienholder | 8 | | is taking title to the
repossessed vehicle for purposes of | 9 | | liability for retailer occupation, vehicle
use, or other tax | 10 | | with respect to the proceeds from the repossession sale.
| 11 | | Delivery of the existing certificate of title to the purchaser | 12 | | shall be deemed
disclosure to the purchaser of the owner of the | 13 | | vehicle.
In the event the
lienholder does not hold the | 14 | | certificate of title for the repossessed vehicle,
the | 15 | | lienholder shall
make application for and may obtain a new | 16 | | certificate of title in the name of
the lienholder upon | 17 | | furnishing information satisfactory to the Secretary of
State. | 18 | | Upon receiving the new certificate of title, the lienholder may | 19 | | proceed
with the sale described in this subsection, except that | 20 | | upon selling the
vehicle the lienholder shall promptly and | 21 | | within 20 days mail or deliver to the
purchaser the new | 22 | | certificate of title reflecting the assignment and transfer
of | 23 | | title to the purchaser.
| 24 | | (f-15) The Secretary of State shall not issue a certificate | 25 | | of title to a
purchaser under subsection (f), (f-5), or (f-10) | 26 | | of this Section, unless the
person from whom the vehicle has |
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| 1 | | been repossessed by the lienholder is shown to
be the last | 2 | | registered owner of the motor vehicle. The Secretary of State | 3 | | may
provide by rule for the standards to be followed by a | 4 | | lienholder in assigning
and transferring certificates of title | 5 | | with respect to repossessed vehicles.
| 6 | | (f-20) If applying for a salvage certificate or a junking | 7 | | certificate, the lienholder
shall within 20 days make an | 8 | | application to the Secretary of State for a salvage certificate | 9 | | or a junking certificate, as
set forth in this Code. The | 10 | | Secretary of State shall
not issue a salvage
certificate or a | 11 | | junking
certificate to such lienholder unless the person from | 12 | | whom such vehicle has
been repossessed is shown to be the last | 13 | | registered owner of such motor
vehicle and such lienholder | 14 | | establishes to the satisfaction of
the Secretary of State that | 15 | | he is entitled to such
salvage certificate or junking | 16 | | certificate. The Secretary
of State may provide by rule for the | 17 | | standards to be followed by
a lienholder in order to obtain a
| 18 | | salvage certificate or junking certificate for a
repossessed | 19 | | vehicle.
| 20 | | (f-25) If the interest of an owner in a mobile home, as | 21 | | defined in the
Mobile Home Local Services Tax Act, passes to | 22 | | another under the provisions of
the
Mobile Home Local Services | 23 | | Tax Enforcement Act, the transferee shall promptly
mail or | 24 | | deliver to the Secretary of State (i) the last certificate of | 25 | | title, if
available, (ii) a certified copy of the court order | 26 | | ordering the transfer of
title, and (iii) an application for |
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| 1 | | certificate of title.
| 2 | | (f-30) Bankruptcy. If the repossessed vehicle is the | 3 | | subject of a bankruptcy proceeding or discharge:
| 4 | | (1) the lienholder may proceed to sell or otherwise | 5 | | dispose of the vehicle as authorized by the Bankruptcy Code | 6 | | and the Uniform Commercial Code; | 7 | | (2) the notice of redemption, affidavit of defense, and | 8 | | notice of reinstatement otherwise required to be sent by | 9 | | the lienholder to the owner of record or other lienholder | 10 | | of record under this Section are not required to be | 11 | | delivered or mailed; | 12 | | (3) the requirement to delay disposition of the vehicle | 13 | | for 21 days, (i) from the mailing or delivery of the notice | 14 | | of redemption under subdivision (f-5)(1) of this Section, | 15 | | (ii) from the mailing or delivery of the affidavit of | 16 | | defense under subdivision (f-5)(2) of this Section, or | 17 | | (iii) from the date of repossession when the owner is | 18 | | entitled to a notice of reinstatement under subsection | 19 | | (f-7) of this Section, does not apply; | 20 | | (4) the affidavit of repossession that is required | 21 | | under subdivision (f-5)(3) shall contain a notation of | 22 | | "bankruptcy" where the affidavit requires the date of the | 23 | | mailing or delivery of the notice of redemption. The | 24 | | notation of "bankruptcy" means the lienholder makes no | 25 | | sworn representations regarding the mailing or delivery of | 26 | | the notice of redemption or affidavit of defense or |
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| 1 | | lienholder's compliance with the requirements that | 2 | | otherwise apply to the notices listed in this subsection | 3 | | (f-30), and makes no sworn representation that the | 4 | | lienholder assumes liability or costs for any litigation | 5 | | that may arise from the issuance of a certificate of title | 6 | | based on the excluded representations; | 7 | | (5) the right of redemption, the right to assert a | 8 | | defense to the transfer of title, and reinstatement rights | 9 | | under this Section do not apply; and | 10 | | (6) references to judicial process and court orders in | 11 | | subsection (f-10) of this Section do not include bankruptcy | 12 | | proceedings or orders.
| 13 | | (g) A person holding a certificate of title whose interest | 14 | | in the
vehicle has been extinguished or transferred other than | 15 | | by voluntary
transfer shall mail or deliver the certificate, | 16 | | within 20 days
upon request of the Secretary of State. The | 17 | | delivery of the certificate
pursuant to the request of the | 18 | | Secretary of State does not affect the
rights of the person | 19 | | surrendering the certificate, and the action of the
Secretary | 20 | | of State in issuing a new certificate of title as provided
| 21 | | herein is not conclusive upon the rights of an owner or | 22 | | lienholder named
in the old certificate.
| 23 | | (h) The Secretary of State may decline to process any | 24 | | application
for a transfer of an interest in a vehicle | 25 | | hereunder if any fees or
taxes due under this Act from the | 26 | | transferor or the transferee have not
been paid upon reasonable |
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| 1 | | notice and demand.
| 2 | | (i) The Secretary of State shall not be held civilly or | 3 | | criminally
liable to any person because any purported | 4 | | transferor may not have had
the power or authority to make a | 5 | | transfer of any interest in any vehicle
or because a | 6 | | certificate of title issued in error is subsequently used to
| 7 | | commit a fraudulent act.
| 8 | | (Source: P.A. 94-411, eff. 1-1-06.)
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