(A) In the event of the transfer of ownership of a motor vehicle by operation of law, as upon inheritance, devise, bequest, order in bankruptcy, insolvency, replevin, or execution sale, a motor vehicle is sold to satisfy storage or repair charges, or repossession is had upon default in performance of the terms of a security agreement as provided in Chapter 1309. of the Revised Code and the secured party has notified the debtor as required by division (B) of section 1309.611 of the Revised Code, a clerk of a court of common pleas, upon the surrender of the prior certificate of title or the manufacturer's or importer's certificate, or, when that is not possible, upon presentation of satisfactory proof to the clerk of ownership and rights of possession to the motor vehicle, and upon payment of the fee prescribed in section 4505.09 of the Revised Code and presentation of an application for certificate of title, may issue to the applicant a certificate of title to the motor vehicle. Only an affidavit by the person or agent of the person to whom possession of the motor vehicle has passed, setting forth the facts entitling the person to the possession and ownership, together with a copy of the journal entry, court order, or instrument upon which the claim of possession and ownership is founded, is satisfactory proof of ownership and right of possession. If the applicant cannot produce that proof of ownership, the applicant may apply directly to the registrar of motor vehicles and submit the evidence the applicant has, and the registrar, if the registrar finds the evidence sufficient, then may authorize a clerk to issue a certificate of title. If the registrar finds the evidence insufficient, the applicant may petition the court of common pleas for a court order ordering the clerk to issue a certificate of title. The court shall grant or deny the petition based on the sufficiency of the evidence presented to the court. If, from the records in the office of the clerk involved, there appears to be any lien on the motor vehicle, the certificate of title shall contain a statement of the lien unless the application is accompanied by proper evidence of its extinction.
(B) A clerk shall transfer a decedent's interest in one or more automobiles to the surviving spouse of the decedent, as provided in section 2106.18 of the Revised Code, upon receipt of the title or titles. An affidavit executed by the surviving spouse shall be submitted to the clerk with the title or titles. The affidavit shall give the date of death of the decedent, shall state that each automobile for which the decedent's interest is to be so transferred is not disposed of by testamentary disposition, and shall provide an approximate value for each automobile selected to be transferred by the surviving spouse. The affidavit shall also contain a description for each automobile for which the decedent's interest is to be so transferred. The transfer does not affect any liens upon any automobile for which the decedent's interest is so transferred.
(C) Upon the death of one of the persons who have established joint ownership with right of survivorship under section 2131.12 of the Revised Code in a motor vehicle, and upon presentation to a clerk of the title and the certificate of death of the decedent, the clerk shall transfer title to the motor vehicle to the survivor. The transfer does not affect any liens upon any motor vehicle so transferred.
(D) Upon the death of the owner of a motor vehicle designated in beneficiary form under section 2131.13 of the Revised Code, upon application for a certificate of title by the transfer-on-death beneficiary or beneficiaries designated pursuant to that section, and upon presentation to the clerk of the certificate of title and the certificate of death of the decedent, the clerk shall transfer the motor vehicle and issue a certificate of title to the transfer-on-death beneficiary or beneficiaries. The transfer does not affect any liens upon the motor vehicle so transferred.
Notes of Decisions
Cited in 21
cases (3 in the last 5 years), 1963–2026 · leading case: Leslie v. Lacy, 91 F. Supp. 2d 1182 (S.D. Ohio 2000).
Leslie v. Lacy, 91 F. Supp. 2d 1182 (S.D. Ohio 2000). · cites it 32ד§ 1983 challenging the constitutionality of Ohio Revised Code § 4505.10(A). This statute permits the lienholder seller of a motor vehicle who repossesses the vehicle to apply to a clerk of court for a certificate of title in the seller’s name.”
Tidewater Fin. Co. v. Curry (In Re Curry), 347 B.R. 596 (6th Cir. BAP 2006). · cites it 4דOhio 1988), Ohio’s certificate of title statute, Ohio Rev.Code Ann. § 4505.10, explicitly refers to the Article 9 provisions of the governing Ohio law.”
Sutton v. Ford Motor Credit Co. (In Re Sutton), 87 B.R. 46 (Bankr. S.D. Ohio 1988). · cites it 6ד*48 DEFENDANT’S ARGUMENTS Defendant asserts that it is entitled to judgment as a matter of law on the following grounds: 1) Upon repossession of the automobile dwnership immediately vested in defendant by operation of the law under Ohio Rev. Code § 4505.10 and, therefore, as of…”
Karr v. Gen. Motors Acceptance Corp. (In Re Karr), 129 B.R. 498 (Bankr. S.D. Ohio 1991). · cites it 10דOhio Rev.Code § 4505.10 states in pertinent part: In the event of the transfer of ownership of a motor vehicle by operation of law, as upon inheritance, devise or bequest, order in bankruptcy, insolvency, *501 replevin, or execution sale, or whenever the engine of a motor…”
Bennett v. Montgomery Cty. Clerk of Court, 2015 Ohio 4108 (Ohio Ct. App. 2015). · cites it 8דThe only exception is found in R.C. 4505.10, which deals with the transfer of ownership of a motor vehicle by operation of law (i.”
In re Whitt, 534 B.R. 320 (Bankr. N.D. Ohio 2015). · cites it 4דThis interest shall immediately pass to the surviving spouse upon transfer of the title or titles in accordance with section 4505.10 of the Revised Code. Debtors’ Schedule C lists a combined exemption of $7,350, of which $3,675 is attributable to Debtor-Wife.”
Nat'l City Bank v. Elliott (In Re Elliott), 214 B.R. 148 (6th Cir. BAP 1997). “*151 Ohio Rev. Code Ann. § 4505.10 (A). This provision allows a secured creditor to obtain a repossession title to facilitate the process of transferring ownership to the successful bidder at the subsequent auction sale.”
Jackson v. Gen. Motors Acceptance Corp. (In Re Jackson), 142 B.R. 172 (Bankr. N.D. Ohio 1992). · cites it 2דFurthermore, although Ohio Rev.Code § 4505.10 lists the repossession of a motor vehicle as an illustration of an event that may result in a transfer of ownership by operation of law, a reading of the statute does not require the conclusion that the mere act of repossession is…”
Harris v. Chrysler Credit Corp. (In Re Charlie Bisang Chrysler-Plymouth, Inc.), 24 B.R. 350 (Bankr. N.D. Ohio 1982). · cites it 2דSection 4505.10 provides in relevant part: *365 No court in any case at law or in equity shall recognize the right, title, claim or interest of any person in or to any motor vehicle sold or disposed of, or mortgaged or encumbered, unless evidenced: (A) By a certificate of title…”
In Re Cepero, 226 B.R. 595 (Bankr. S.D. Ohio 1998). “Further, “the first secured party holding repossession title *599 is not the unrestricted ‘owner’ as contemplated under the provisions of [O.R.C. 4505.10(A) ].” Elliott, 214 B.R. at 151 .”
In Re Bingham, 116 B.R. 541 (Bankr. N.D. Ohio 1990). · cites it 2דFurthermore, although Ohio Rev.Code § 4505.10 lists the repossession of a motor vehicle as an illustration of an event that may result in a transfer of ownership by operation of *543 law, a reading of the statute does not require the conclusion that the mere act of repossession…”
Wallace v. G.M.A.C. (In Re Wallace), 102 B.R. 114 (Bankr. S.D. Ohio 1989). “The plaintiff, however, maintains that any change of legal ownership reflected by a title issued under Ohio Revised Code § 4505.10 is merely a ministerial accommodation for the lien holder and does not remove the property from the plaintiff’s bankruptcy estate until the Vehicle…”
Leslie v. Lacy, 91 F. Supp. 2d 1182 (S.D. Ohio 2000). “§ 1983 challenging the constitutionality of Ohio Revised Code § 4505.10(A). This statute permits the lienholder seller of a motor vehicle who repossesses the vehicle to apply to a clerk of court for a certificate of title in the seller’s name.”
Tidewater Fin. Co. v. Curry (In Re Curry), 347 B.R. 596 (6th Cir. BAP 2006). “Ohio 1988), Ohio’s certificate of title statute, Ohio Rev.Code Ann. § 4505.10, explicitly refers to the Article 9 provisions of the governing Ohio law.”
Bennett v. Montgomery Cty. Clerk of Court, 2015 Ohio 4108 (Ohio Ct. App. 2015). “The only exception is found in R.C. 4505.10, which deals with the transfer of ownership of a motor vehicle by operation of law (i.”
In Re Cepero, 226 B.R. 595 (Bankr. S.D. Ohio 1998). “Further, “the first secured party holding repossession title *599 is not the unrestricted ‘owner’ as contemplated under the provisions of [O.R.C. 4505.10(A) ].” Elliott, 214 B.R. at 151 .”
In re Whitt, 534 B.R. 320 (Bankr. N.D. Ohio 2015). “This interest shall immediately pass to the surviving spouse upon transfer of the title or titles in accordance with section 4505.10 of the Revised Code. Debtors’ Schedule C lists a combined exemption of $7,350, of which $3,675 is attributable to Debtor-Wife.”
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