Fillable ELECTRONIC LIEN AND TITLE PROGRAM AGREEMENT (Virginia Department of Motor Vehicles)

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ELECTRONIC LIEN AND TITLE PROGRAM AGREEMENT (Virginia Department of Motor Vehicles)

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ELECTRONIC LIEN AND TITLE PROGRAM
AGREEMENT
APPLICANT
BUSINESS FULL LEGAL NAME DOING BUSINESS AS NAME
PRESIDENT/CHIEF EXECUTIVE OFFICER NAME
CONTACT PERSON NAME TITLE
EMAIL ADDRESS PHONE NUMBER
BUSINESS LOCATION STREET ADDRESS CITY, STATE, ZIP
BUSINESS MAILING ADDRESS CITY, STATE, ZIP
1. This Agreement is between the Virginia Department of Motor Vehicles (“DMV”) and the above referenced
business, its parent and their affiliated companies (hereinafter, “Applicant”).
2. The purpose of this Agreement is to establish parameters for the use of DMV's Electronic Lien Process (“the
ELP”) by Applicant and DMV, whereby DMV will notify the Applicant electronically of the recording of a lien in
favor of Applicant, thus avoiding the issuance of a paper title. The successful outcome of this process is of
economic benefit to both parties; therefore, both parties agree to be bound by the terms and conditions set forth
herein. Upon the execution of this Agreement by both parties, any oral understandings between the parties, which
are not incorporated herein, shall be considered null and void.
3. Applicant understands that the ELP is not available for use by motor vehicle title lenders regulated under Chapter
22 (§ 6.2-2200 et seq.) of Title 6.2 of the Code of Virginia or similar laws in another jurisdiction that require the
lender to hold paper titles. Applicant hereby certifies that:
a. It is not a motor vehicle title lender operating in Virginia or any other jurisdiction that requires lenders to hold
paper titles;
b. If it is a motor vehicle title lender operating outside of Virginia, the laws of the jurisdiction in which it is based
allow it to participate in a paperless titling process; and
c. It will not use the ELP for any affiliated company that is a motor vehicle title lender ineligible to use ELP under
this paragraph.
Use of the ELP in violation of this paragraph shall be grounds for immediate termination of this Agreement by
DMV. Termination shall be effective upon the mailing or facsimile (FAX) transmission to Applicant of a written
notice by DMV.
4. This Agreement shall become effective on the date of execution and shall continue in full force until modified,
amended or terminated pursuant to the provisions of paragraphs three (3), six (6), seven (7), nine (9), or ten (10).
5. This Agreement includes all terms and conditions made between DMV and Applicant for this process, and except
as otherwise provided in paragraph six (6) of this Agreement, any amendment or modification to this Agreement
shall be in writing duly executed by each party's authorized official, which shall become effective at a time
mutually agreed upon by the parties.
6. Notwithstanding any provision of this Agreement to the contrary, this Agreement is subject to any restrictions,
limitations or conditions enacted by the Virginia General Assembly, which may affect any or all terms or provisions
of this Agreement in any manner. DMV will promptly advise Applicant in writing of any such actions taken by the
Virginia General Assembly. Applicant agrees that said required written notice from DMV will constitute a
modification or amendment to this Agreement and that the requirement for mutual agreement by both parties
under paragraph five (5) shall not apply. Applicant may immediately terminate this Agreement should it determine
that it cannot or will not comply with a modification or amendment to this Agreement under this provision.
VSA 150 (07/10/2017)
( )
7. Except as otherwise provided, this Agreement is subject to the right of either party to terminate the Agreement at
any time without cause by giving the other party at least thirty (30) days prior written notice of such termination.
Notice is effective from the date delivered to or, if served by mail, five (5) days from the date of mailing.
Termination initiated by Applicant must be in writing and delivered to or sent to:
Commissioner
Department of Motor Vehicles
2300 West Broad Street
Richmond, VA 23269
Termination initiated by DMV must be directed to Applicant at the above referenced address.
8. This Agreement is not assignable by Applicant, either in whole or in part, without the written consent of DMV.
9. Applicant agrees that this Agreement is subject to the Virginia Privacy Protection Act, Virginia Code § 46.2-208 et
seq., and that all personal information and vehicle information, which would be considered privileged under
Virginia Code § 46.2-208, contained in any title information forwarded to Applicant under this Agreement will not
be released by Applicant to any individual or entity who would not otherwise have access to such information
under § 46.2-208. Any release of such information by Applicant to any unauthorized individual or entity in violation
of § 46.2-208, will result in DMV terminating this Agreement. DMV may terminate this Agreement for such
unauthorized use or disclosure by written notice to Applicant, such notice to be effective upon mailing or facsimile
(FAX) transmission by DMV. Applicant shall hold DMV harmless for any resulting damage or losses pursuant to
paragraph nineteen (19) of this agreement.
10. Applicant agrees to contact DMV's Online Vehicle Programs Work Center at (804) 367-2715, option 2,
immediately upon discovering that DMV has sent to Applicant, by electronic or any other means, data or ELP
records intended to be sent to another entity. DMV may terminate this Agreement for failure to immediately report
such errors to DMV by written notice to Applicant, such notice to be effective upon mailing or facsimile (FAX)
transmission by DMV.
11. The transmission of online file transfer to Applicant by DMV and to DMV by Applicant will be accomplished
utilizing electronic folders.
12. Applicant may use the electronic folder to complete the following transactions:
a. Issue a release from ELP lien holder instructing DMV to mail title to the registered owner.
b. Request a paper title.
c. Send error messages.
d. Notify DMV of the registered owner's change of address.
e. Request a paper title be printed and mailed to a non-owner address as specified by Applicant.
13. Applicant shall be responsible for all costs incurred by Applicant to participate in the ELP.
14. Each DMV business day, after the close of business, DMV will produce and send electronically to Applicant data
consisting of lien notifications entered onto DMV customer record files that same day. In response, Applicant will
match lien notifications to its files and send electronically an acknowledgment of the lien notification from
Applicant's ELP file, as well as any corrections or changes made to existing records on Applicant's ELP file.
15. For a fee, DMV can convert existing paper titles with liens held by Applicant to electronic titles. Applicant must
submit a written request to DMV. Applicant agrees to destroy the paper title documents upon electronic
notification from DMV that the titles and liens have been converted to electronic records.
VSA 150 (07/10/2017) Page 2 of 3
16. Until the Certificate of Title is printed on secured paper by DMV at the request of the Applicant, all title certificate
content, as currently required by Virginia Code § 46.2-604, will be transferred by DMV to Applicant's electronic
folder. This transfer of information will be considered by the parties to be a delivery of an electronic title. Applicant
shall retain the title information and may configure that information or any other information held by Applicant
about the lien holder in any electronic format as Applicant may deem appropriate to fit within its system.
17. Upon satisfaction of a lien, Applicant shall authorize DMV to release the Certificate of Title to the registered
owner. DMV will mail the Certificate of Title, printed on secured paper, to the address on DMV's record for the
owner or to another address designated by Applicant. Applicant shall hold DMV harmless for any resulting
damage or loss due to Applicant's failure to notify DMV to mail the Certificate of Title to an address other than that
of the registered owner.
18. If DMV decides to terminate the ELP as a program, all ELP records of ownership shall have a paper title produced
and delivered or mailed to Applicant at no cost to Applicant.
19. Applicant agrees to indemnify and hold harmless the DMV and its officers, agents and employees from any and
all claims, actions, damages or losses which may be brought or alleged against the DMV, its officers, agents or
employees, for unauthorized disclosure of information, errors or omissions, or delays, or from equipment, software
or communication failures which result solely from the actions of Applicant under this agreement.
20. If Applicant will be using a service bureau or software provider (individually or collectively, “Provider”) for the
performance of this Agreement, then Applicant agrees to assume full responsibility and liability for the action of
the Provider pursuant to this Agreement. Further, Applicant agrees to enter into an agreement with any Provider
in which the Provider will agree to be bound by the terms of this agreement, including but not limited to the
provisions of paragraph eight (8) of this agreement.
21. The laws of the Commonwealth of Virginia shall govern this Agreement. Any litigation arising under or concerning
this Agreement shall be brought in a court of competent jurisdiction of the Commonwealth of Virginia. Should a
court of competent jurisdiction find any clause or provision of this Agreement unenforceable, that clause or
provision shall be struck from the Agreement or may be modified as the court sees fit, in a manner that allows
other clauses or provisions in the Agreement to remain in full force and effect.
IN WITNESS WHEREOF, THE UNDERSIGNED HAVE CAUSED THE AGREEMENT TO BE EXECUTED BY THEIR
AUTHORIZED OFFICIALS AS OF THE DATE FIRST WRITTEN.
NOTE: An authorized representative other than the president or chief executive officer must attach a statement of authorization to enter into
agreements on their behalf. Such authorization must be documented on Applicant's letterhead and signed by the president. Email the
signed and completed Agreement along with supporting authorization (if applicable) to DMV at eltprogram@dmv.virginia.gov. A final
copy of the Agreement, signed by DMV, will be sent for your records once all documents are received and your application is
approved.
PRESIDENT/CEO OR AUTHORIZED REPRESENTATIVE NAME (printed) SIGNATURE DATE (mm/dd/yyyy)
DMV AUTHORIZED REPRESENTATIVE NAME (printed)
Millicent Ford
DMV AUTHORIZED REPRESENTATIVE SIGNATURE DATE (mm/dd/yyyy)
Richard D. Holcomb, Commissioner
VSA 150 (07/10/2017) Page 3 of 3
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ELECTRONIC LIEN AND TITLE PROGRAM AGREEMENT (Virginia Department of Motor Vehicles)

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Completed 2 November 2020

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