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Automobile Fraud: § 565.22 Definitions.

(a) Federal Motor Vehicle Safety Standards Definitions. Unless otherwise indicated, all terms used in this part that are defined in 49 CFR 571.3 are used as defined in 49 CFR 571.3.

(b) Body type means the general configuration or shape of a vehicle distinguished by such characteristics as the number of doors or windows, cargo-carrying features and the roofline (e.g., sedan, fastback, hatchback).

Automobile Fraud: § 565.23 General requirements.

(a) Each vehicle manufactured in one stage shall have a VIN that is assigned by the manufacturer. Each vehicle manufactured in more than one stage shall have a VIN assigned by the incomplete vehicle manufacturer. Vehicle alterers, as specified in 49 CFR 567.7, shall utilize the VIN assigned by the original manufacturer of the vehicle.

(b) Each VIN shall consist of seventeen (17) characters.

Automobile Fraud: § 565.26 Reporting requirements.

The information collection requirements contained in this part have been approved by the Office of Management and Budget under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and have been assigned OMB Control Number 2127-0510.

Automobile Fraud: Listing of Provisions

TITLE 28. JUDICIAL ADMINISTRATION

CHAPTER I. DEPARTMENT OF JUSTICE

* * *

PART 25. DEPARTMENT OF JUSTICE INFORMATION SYSTEMS

Subpart B. National Motor Vehicle Title Information System (NMVTIS)

Sec.

25.51 Purpose and authority.

25.52 Definitions.

25.53 Responsibilities of the operator of NMVTIS.

25.54 Responsibilities of the States.

Automobile Fraud: § 25.51 Purpose and authority.

The purpose of this subpart is to establish policies and procedures implementing the National Motor Vehicle Title Information System (NMVTIS) in accordance with title 49 U.S.C. 30502. The purpose of NMVTIS is to assist in efforts to prevent the introduction or reintroduction of stolen motor vehicles into interstate commerce, protect states and individual and commercial consumers from fraud, reduce the use of stolen vehicles for illicit purposes including fundraising for criminal enterprises, and provide consumer protection from unsafe vehicles.

Automobile Fraud: § 25.52 Definitions.

For purposes of this subpart B:

Acquiring means owning, possessing, handling, directing, or controlling.

Automobile has the same meaning given that term in 49 U.S.C. 32901(a).

Certificate of title means a document issued by a state showing ownership of an automobile.

Insurance carrier means an individual or entity engaged in the business of underwriting automobile insurance.

Automobile Fraud: § 25.53 Responsibilities of the operator of NMVTIS.

(a) By no later than March 31, 2009, the operator shall make available:

(1) To a participating state on request of that state, information in NMVTIS about any automobile;

(2) To a Government, state, or local law enforcement official on request of that official, information in NMVTIS about a particular automobile, junk yard, or salvage yard;

Automobile Fraud: § 25.54 Responsibilities of the States.

(a) Each state must maintain at least the level of participation in NMVTIS that it had achieved as of January 1, 2009. By no later than January 1, 2010, each state must have completed implementation of all requirements of participation and provide, or cause to be provided by an agent or third party, to the designated operator and in an electronic format acceptable to the operator, at a frequency of once every 24 hours, titling information for all automobiles maintained by the state. The titling information provided to NMVTIS must include the following:

Automobile Fraud: § 25.55 Responsibilities of insurance carriers.

(a) By no later than March 31, 2009, and on a monthly basis as designated by the operator, any individual or entity acting as an insurance carrier conducting business within the United States shall provide, or cause to be provided on its behalf, to the operator and in a format acceptable to the operator, a report that contains an inventory of all automobiles of the current model year or any of the four prior model years that the carrier, during the past month, has obtained possession of and has decided are junk automobiles or salvage automobiles.

Automobile Fraud: § 25.56 Responsibilities of junk yards and salvage yards and auto recyclers.

(a) By no later than March 31, 2009, and continuing on a monthly basis as designated by the operator, any individual or entity engaged in the business of operating a junk yard or salvage yard within the United States shall provide, or cause to be provided on its behalf, to the operator and in a format acceptable to the operator, an inventory of all junk automobiles or salvage automobiles obtained in whole or in part by that entity in the prior month.

(b) The inventory shall include the following information:

Automobile Fraud: § 25.57 Erroneous junk or salvage reporting.

(a) In cases where a vehicle is erroneously reported to have been salvage or junk and subsequently destroyed (i.e., crushed), owners of the legitimate vehicles are encouraged to seek a vehicle inspection in the current state of title whereby inspection officials can verify via hidden VINs the vehicle’s true identity. Owners are encouraged to file such inspection reports with the current state of title and to retain such reports so that the vehicle’s true history can be documented.

Home Foreclosures: 12 U.S.C. § 1715z-20. Insurance of home equity conversion mortgages for elderly homeowners

(a) Purpose. The purpose of this section is to authorize the Secretary to carry out a program of mortgage insurance designed—

(1) to meet the special needs of elderly homeowners by reducing the effect of the economic hardship caused by the increasing costs of meeting health, housing, and subsistence needs at a time of reduced income, through the insurance of home equity conversion mortgages to permit the conversion of a portion of accumulated home equity into liquid assets; and

Home Foreclosures: 7 C.F.R. § 3555.304 Special servicing options

(a) General.

(1) Lenders must exhaust traditional servicing options outlined in this part or have determined that use of traditional servicing options would not resolve the delinquency, prior to special servicing options. Lenders must exhaust special servicing options prior to liquidation in accordance with §§ 3555.305 or 3555.306.

(2) Use of special loan servicing does not change the terms of the loan note guarantee.

Home Foreclosures: 7 C.F.R. § 3555.305 Voluntary liquidation

The lender must have exhausted the servicing options outlined in §§ 3555.302 through 3555.304 to cure the delinquency before considering voluntary liquidation. The methods of voluntary liquidation of the security property outlined in this section may be used to protect the interests of the Government.

(a) Eligibility. To be eligible for voluntary liquidation, the following conditions must be met:

Home Foreclosures: 7 C.F.R. § 3555.4 Mediation and appeals

Whenever Rural Development makes a decision that will adversely affect a participant, the participant may proceed with alternative dispute resolution including mediation and a USDA National Appeals Division hearing in accordance with 7 CFR parts 1 and 11. The participant also may request an informal review of the adverse decision made by Rural Development. Except when the adverse decision applies to a loss claim, the applicant or borrower and the lender may participate in the appeal process.

Home Foreclosures: 7 C.F.R. § 3555.306 Liquidation

(a) General.

(1) When a lender determines that a borrower is unable or unwilling to meet loan obligations with servicing options under this subpart, the lender must accelerate the guaranteed loan and, if necessary, foreclose.

(2) Prior to acceleration the lender must have advised the borrower, in writing, of available foreclosure avoidance options and the borrower must have failed to request such options.

Home Foreclosures: 7 C.F.R. § 3555.307 Assistance in natural disasters

(a) Policy. Servicers must utilize general procedures available under this subpart for servicing borrowers affected by natural disasters, as supplemented by Rural Development, to minimize delinquencies and avoid foreclosure.

(b) Evaluating the damage. Servicers are expected to inspect a security property whenever they have reason to believe the property has been damaged.

Home Foreclosures: 7 C.F.R. § 3555.301 General servicing techniques

In accordance with industry standards and as provided by the Agency:

(a) Prompt action. Lenders shall take prompt action to collect overdue amounts from borrowers to bring a delinquent loan current in as short a time as possible to avoid foreclosure to the extent possible and minimize losses.

Home Foreclosures: 7 C.F.R. § 3555.302 Protective advances

Lenders may pay the following preliquidation expenses necessary to protect the security property and charge the cost against the borrower’s account.

(a) Advances for taxes and insurance. Without prior Agency concurrence, lenders may advance funds to pay past due real estate taxes, hazard and flood insurance premiums, and other related costs.

Automobile Fraud: G.3 Sample Jury Trial Documents

The digital version of this treatise contains a large number of sample jury trial documents, generally available in Microsoft Word format. These jury trial documents are intended solely as examples to be adapted to the facts and circumstances of a particular case and to the requirements of local rules and practices.

Automobile Fraud: G.4 Sample Motions and Briefs

The digital version of this treatise contains a number of sample motions and briefs, generally available in Microsoft Word format. The briefs are intended solely for purposes of demonstration and must be adapted by a competent professional to meet actual needs and local practice.

Automobile Fraud: G.5 Sample Class Action Pleadings

The digital version of this treatise contains a number of sample class action pleadings for use in odometer rollback and other automobile fraud cases, generally available in Microsoft Word format. The pleadings are intended solely for purposes of demonstration and must be adapted by a competent professional to meet actual needs and local practice. For other types of class action pleadings, see the pleadings in the companion material accompanying the digital version of NCLC’s Consumer Class Actions.32