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Navigating through the process of vehicle repossession in Alaska requires a comprehensive understanding of certain legal documents, one of which is the Alaska 843 form, officially known as the Affidavit of Repossession. This form is a crucial document for lienholders who have repossessed a vehicle due to the failure of the registered owner(s) to fulfill their financial obligations. It serves as a sworn statement that the lienholder or their authorized agent has taken possession of the vehicle, following the stringent guidelines set forth by Alaska Statutes 45.29.601 - 45.29.628 governing foreclosure proceedings. The form details essential information about the repossessed vehicle, including its license plate number, year, make, VIN, model, body style, and color, along with the identities and addresses of the registered owner(s) and the lienholder. Furthermore, it allows the lienholder to declare whether the vehicle is currently in their possession or has been sold, incorporating a bill of sale if the latter is true. For odometer accuracy, the form includes a section for the lienholder or their agent to record the mileage and indicate any discrepancies. It is vital to note that this affidavit, along with other required documents such as the Application for Title & Registration and, if necessary, the Affidavit of Lost Title, must be correctly filled and submitted for the lienholder or new owner to legally title the vehicle in their name. This procedural necessity underscores the importance of understanding and accurately completing the Alaska 843 form for all parties involved in the repossession and subsequent sale of a vehicle titled in Alaska.

Document Example

STATE OF ALASKA

DIVISION OF MOTOR VEHICLES

AFFIDAVIT OF REPOSSESSION

License Plate Number

YearMake

Registered Owner(s)

Lienholder

State

 

Serial Number (VIN)

 

 

 

 

 

 

 

Model

 

Body Style

 

Color

 

 

 

 

 

Address

 

 

 

 

 

 

 

 

 

City/State/Zip

 

 

 

 

 

 

 

 

 

Address

 

 

 

 

 

 

 

 

 

City/State/Zip

 

 

 

 

I certify under penalty of state and/or federal law that:

·I am the lienholder, or agent of the lienholder, recorded on the records of the Alaska Division of Motor Vehicles.

· The above referenced vehicle was repossessed on

 

.

·Full compliance with Alaska Statutes 45.29.601 - 45.29.628 governing foreclosure proceeding has been met.

·The vehicle: (Check one)

Is currently in my/our possession.

Was sold to the person or company indicated in the bill of sale provided below.

Printed Name of Lienholder

 

 

 

 

Signature of Lienholder or Authorized Agent

Subscribed and Sworn to before me this

 

 

 

 

 

(SEAL)

 

 

 

day of

, 20

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signature of Notary or DMV Representative

 

 

 

 

 

 

 

 

My Commission Expires:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BILL OF SALE

On

 

 

the vehicle referenced above was sold to

 

 

 

 

Date

 

 

 

 

 

Name

The odometer now reads

 

 

(no tenths) miles and to the best of my knowledge it reflects the

actual mileage of the vehicle unless one of the following statements is checked:

 

 

The odometer reading reflects the amount of mileage in excess of the mechanical limits.

 

 

The odometer reading is NOT the actual mileage. WARNING . . . ODOMETER DISCREPANCY.

 

 

 

 

 

 

Signature of Lienholder or Authorized Agent

 

 

 

 

Signature of Buyer

 

 

 

 

 

 

Printed Name of Lienholder or Authorized Agent

 

 

 

 

Printed Name of Buyer

NOTE: This form can only be used for vehicles titled in Alaska.

843 (Rev. 12/2003)

www.state.ak.us/dmv/

Additional Information:

The lienholder or subsequent buyer named on the Affidavit of Repossession must title the vehicle in their name before it can be sold.

Title requirements:

·Application for Title & Registration (812)

·Notarized Affidavit of Repossession (843)

·Original title OR a notarized Affidavit of Lost Title (809)

IF A LIEN HAS NOT BEEN RECORDED ON DMV RECORDS, AN

AFFIDAVIT OF REPOSSESSION

IS NOT VALID FOR OBTAINING A TITLE TRANSFER.

Document Specifics

Fact Detail
Form Designation Alaska 843 Form
Purpose Affidavit of Repossession for vehicles
Issuing Body State of Alaska Division of Motor Vehicles (DMV)
Key Information Required License Plate Number, Make, Year, Registered Owner(s), Lienholder, State, Serial Number (VIN), Model, Body Style, Color, Addresses
Conditions for Use Must be the lienholder or agent of the lienholder, vehicle repossessed, compliant with Alaska Statutes 45.29.601 - 45.29.628
Governing Law Alaska Statutes 45.29.601 - 45.29.628
Additional Requirements Lienholder or subsequent buyer must title the vehicle in their name, Notarized Affidavit, Application for Title & Registration, Original title or notarized Affidavit of Lost Title required for title transfer
Odometer Disclosure Mandatory statement about the odometer reading and its accuracy or possible discrepancies
Restrictions Valid only for vehicles titled in Alaska; Invalid without a recorded lien on DMV records

Instructions on How to Fill Out Alaska 843

Filling out the Alaska 843 form is crucial for individuals or entities who have repossessed a vehicle in Alaska. This document is not only a testament to the change of possession but also a mandatory step for legally transferring the title under the state's regulations. The person completing the form must ensure accuracy and compliance with Alaska Statutes 45.29.601 - 45.29.628. Below are step-by-step instructions designed to guide you through the process, minimizing errors and ensuring the procedure is followed correctly.

  1. Begin by entering the License Plate Number of the repossessed vehicle.
  2. Fill in the Year, Make, Model, Body Style, and Color of the vehicle.
  3. Provide the Registered Owner(s) details, including Address, City, State, and Zip code.
  4. Input the Lienholder's information in the space provided, capturing the full address including City, State, and Zip code.
  5. Enter the State Serial Number (VIN) accurately to avoid any issues with vehicle identification.
  6. Certify your position as the lienholder or an agent of the lienholder and indicate that the vehicle was repossessed by checking the appropriate box and filling in the date of repossession.
  7. Confirm adherence to Alaska's foreclosure proceeding statutes by checking the box that affirms compliance.
  8. Indicate the current status of the vehicle post-repossession – whether it remains in your possession or if it has been sold. If sold, provide the sale date and the buyer’s information in the Bill of Sale section.
  9. Under the Bill of Sale, report the vehicle’s odometer reading at the time of sale and check the appropriate box if there is an odometer discrepancy.
  10. Ensure the Printed Name and Signature of Lienholder or Authorized Agent are entered at the bottom of the form and similarly filled out in the Bill of Sale section.
  11. Have the document sworn to and signed by a Notary or DMV Representative, including their commission expiry date.

Once completed, the Affidavit of Repossession can then be submitted alongside the required documents for titling the vehicle in the name of the lienholder or the new buyer. It is essential that this procedure is complied with to ensure legal transfer and ownership of the repossessed vehicle. Careful attention to detail and thorough review of the form prior to submission can significantly streamline this process.

What You Should Know About This Form

What is the purpose of the Alaska 843 form?

The Alaska 843 form, officially known as the Affidavit of Repossession, is used by lienholders to document the repossession of a vehicle. This form serves as proof that the vehicle has been legally repossessed by the lienholder or an authorized agent in accordance with Alaska Statutes governing foreclosure proceedings. It is a critical step in the process of transferring the title of the repossessed vehicle to the lienholder or a new owner.

Who needs to fill out this form?

Lienholders or their authorized agents must fill out the form after they have repossessed a vehicle. It's specifically designed for those situations where a car, truck, motorcycle, or any other vehicle titled in Alaska has been taken back due to the registered owner's failure to comply with the terms of their loan agreement.

What steps must be taken before filling out the Alaska 843 form?

Before completing the 843 form, the lienholder must ensure full compliance with Alaska Statutes 45.29.601 - 45.29.628 governing foreclosure proceedings. This involves following the specified legal processes for notifying the owner and any steps required by law to repossess the vehicle legally. Only after these steps have been properly followed can the lienholder or agent fill out the affidavit of repossession.

What happens after the form is completed?

Once the Affidavit of Repossession is properly filled out and notarized, the lienholder or the subsequent buyer named on the form must apply to have the vehicle titled in their name. This requires submitting the completed 843 form, an Application for Title & Registration (Form 812), and, if the original title is not available, a Notarized Affidavit of Lost Title (Form 809).

Is this form valid if the lien was not recorded on DMV records?

No, if a lien has not been officially recorded on the DMV records, the Affidavit of Repossession cannot be used to obtain a title transfer for the repossessed vehicle. It is essential that the lien be properly recorded to validate the repossession process and subsequent title transfer procedures.

Are there any warnings or special notes associated with the Alaska 843 form?

Yes, one significant note is related to the vehicle's odometer reading at the time of sale. The lienholder or authorized agent must accurately report the odometer reading on the form and check the appropriate box if there's an odometer discrepancy, such as mileage in excess of the mechanical limits or if the reading is not the actual mileage. This ensures transparency and fairness for all parties involved in the transfer or sale of the repossessed vehicle.

Common mistakes

When filling out the Alaska 843 form, also known as the Affidavit of Repossession, there are common mistakes that people can make. These errors can delay the process of repossessing a vehicle legally. Understanding and avoiding these mistakes can help ensure a smoother process.

  1. Not being the recorded lienholder or an authorized agent: Only the lienholder recorded with the Alaska Division of Motor Vehicles or their authorized agent can legitimately file this form. Attempting to fill out the form without proper authorization is a critical mistake.

  2. Incorrect vehicle information: Entering inaccurate vehicle details such as the license plate number, year, make, model, body style, color, or the vehicle identification number (VIN) can cause confusion and delay the repossession process.

  3. Skipping the repossession date or providing an unclear repossession date can lead to processing delays. It's essential to specify the exact date the vehicle was repossessed.

  4. Omitting the bill of sale details when the vehicle has already been sold. This includes not providing the name of the new owner, the sale date, or an accurate odometer reading, which are crucial for updating DMV records.

  5. Failing to comply with Alaska Statutes 45.29.601 - 45.29.628 governing foreclosure proceedings. This includes not following the proper legal steps before repossessing the vehicle, which is a common oversight.

  6. Forgetting to have the form notarized: The form requires notarization to be considered valid. Not having the document properly notarized is a mistake that can invalidate the entire process.

In addition to these common mistakes, here are some additional points to consider:

  • Ensure that all addresses and contact information are current and correctly spelled. Errors here can cause communication issues.

  • Double-check that all sections of the form are completed. Any section left blank, especially those requiring a signature or date, can lead to the form being returned or the process being stalled.

  • Understand that an Affidavit of Repossession by itself might not be sufficient for all cases. For instance, if a lien was not recorded on DMV records, this form will not be valid for obtaining a title transfer. Knowing the specific requirements for your situation can prevent unnecessary complications.

By carefully reviewing and correctly filling out the Alaska 843 form, individuals can avoid these mistakes, ensuring a more efficient repossession and title transfer process.

Documents used along the form

When handling a vehicle repossession in Alaska, especially using the Alaska 843 form (Affidavit of Repossession), it's important to be aware of other forms and documents that are often required to streamline the entire process. Whether you're a lienholder reclaiming a vehicle or a buyer looking to understand your obligations, having the right paperwork in order is key. Below is a guide to several forms and documents that frequently accompany the Alaska 843 form, each serving its own unique purpose in the vehicle repossession and title transfer process.

  1. Application for Title & Registration (Form 812): This form is fundamental for anyone looking to register a vehicle in their name following repossession. It captures essential information about the vehicle and its new ownership.
  2. Notarized Affidavit of Lost Title (Form 809): If the original title is missing, this affidavit allows the lienholder or new owner to apply for a duplicate title, affirming that the original title was lost, stolen, or destroyed.
  3. Power of Attorney (POA): This legal document authorizes an individual to act on behalf of another person, typically the lienholder, to sign documents and make decisions regarding the repossession and sale of the vehicle.
  4. Vehicle Transaction Application (Form 821): Used for various transactions, including changes in vehicle ownership or lienholder information, this application is critical in updating the vehicle’s official records with the DMV.
  5. Release of Lien: Once a vehicle is repossessed and the outstanding debt settled, this document officially releases the lien from the vehicle, allowing for a clear transfer of title to a new owner.
  6. Bill of Sale: Although mentioned in the Affidavit of Repossession, this document is separate and serves as a receipt for the transaction, detailing the vehicle's sale price, description, and information about the buyer and seller.
  7. Odometer Disclosure Statement: Required under federal and state law, this document officially records the vehicle's mileage at the time of sale, ensuring transparency in the transaction.
  8. Notice of Vehicle Sale (Form 820): Filed with the DMV, this form notifies the state of the change in ownership and releases the seller from future liability related to the vehicle.
  9. Loan Satisfaction Letter: This document is issued by the lienholder certifying that the loan on the vehicle has been fully paid off, which is necessary for removing the lienholder from the vehicle's title.

Understanding and gathering these documents can significantly ease the process of repossession, ensuring all legal requirements are met, and facilitating a smoother transition of the vehicle to its new owner. Whether you're working directly with these forms or advising clients, it's beneficial to keep this checklist handy to ensure no critical step is missed in the vehicle reposession and title transfer process.

Similar forms

The Alaska 843 form, known as the Affidavit of Repossession, shares similarities with the Application for Title & Registration (812). Both documents are integral to vehicle transactions in the state of Alaska, specifically involving the change of ownership. The Application for Title & Registration is necessary for formally registering the change of ownership with the DMV, similar to how the Affidavit of Repossession is used to officially document the repossession of a vehicle by a lienholder. Each serves a distinct role in the vehicle ownership life cycle, ensuring legal compliance and accurate record-keeping.

Another document closely related to the Affidavit of Repossession is the Notarized Affidavit of Lost Title (809). This form is used when a vehicle's title is misplaced or destroyed, and a new title needs to be issued. Like the Alaska 843 form, it involves a notarization process to verify the authenticity of the information provided, ensuring that the vehicle can legally change hands or have its ownership details updated in the state's records. The connection lies in the handling of vehicle titles, albeit under different circumstances.

The Bill of Sale is another document that shares common features with the Alaska 843 form. While the Affidavit of Repossession documents the reclaiming of a vehicle by a lienholder due to non-payment or breach of agreement, the Bill of Sale is used to document the transfer of ownership between a seller and a buyer. Both documents provide necessary details about the vehicle, including make, model, and VIN, and both require signatures to verify the transfer or repossession. The Bill of Sale, complemented by the Alaska 843 form, can facilitate a smooth transition to new ownership following a repossession.

The Vehicle Inspection Report is similar to the Alaska 843 form in the context of documenting specific information about a vehicle's condition. Though the primary purpose of the Vehicle Inspection Report is to ensure that a vehicle meets safety and emissions standards, both forms require detailed information about the vehicle, including its make, model, and VIN. This type of documentation is crucial for maintaining a legal and official record of the vehicle's status at different points in its lifecycle.

The Odometer Disclosure Statement is another document with a notable connection to the Alaska 843 form. This statement is critical during the sale or transfer of a vehicle, as it certifies the accuracy of the vehicle's mileage. The Affidavit of Repossession also addresses odometer readings to ensure the buyer is aware of the vehicle's mileage at the time of repossession, contributing to transparent and honest transactions. Both forms play a pivotal role in providing assurance and integrity in vehicle-related dealings.

The Lien Release Form shares a direct linkage with the Alaska 843 form in the sphere of liens on vehicle titles. When a loan on a vehicle is fully repaid, the lienholder issues a Lien Release Form to remove their interest from the vehicle's title, mirroring the Affidavit of Repossession's role in documenting the lienholder's rights when reclaiming a vehicle. Both are essential for accurately reflecting the current status of a vehicle's title regarding any claims or interests held by third parties.

Lastly, the Power of Attorney for Vehicle Transactions is somewhat related to the Alaska 843 form in terms of representing interests in vehicle affairs. While the Power of Attorney allows an individual to act on behalf of another in vehicle-related transactions, the Affidavit of Repossession is used by lienholders or their agents to document the legal repossession of a vehicle. Both forms involve the delegation of authority, whether for general transactions or specific actions like repossession, necessitating trust and legal recognition in matters involving vehicle ownership and rights.

Dos and Don'ts

When filling out the Alaska 843 form, an Affidavit of Repossession, there are specific steps you should follow and others to avoid ensuring the process is correctly handled. Here's a guide to help you:

Do:
  • Verify that you are the lienholder or an authorized agent of the lienholder recorded on the Alaska Division of Motor Vehicles' records before starting the form.
  • Ensure full compliance with Alaska Statutes 45.29.601 - 45.29.628 governing foreclosure proceeding.
  • Indicate the current status of the vehicle accurately, whether it is in your possession or was sold.
  • Provide a Bill of Sale if the vehicle has been sold, including all relevant details such as the sale date, buyer's name, and odometer reading.
  • Sign and date the affidavit in front of a notary or a DMV representative to validate the form.
  • Retain a copy of the completed form for your records and for future reference.
Don't:
  • Attempt to use the form for a vehicle not titled in Alaska. This form is exclusively for vehicles titled in this state.
  • Sign the affidavit without a notary or DMV representative present, as their signature is required to authenticate the document.
  • Omit any required information, such as the license plate number, vehicle identification number (VIN), and details related to the repossession and sale of the vehicle.
  • Check incorrect statements regarding the odometer reading. Make sure it accurately reflects the vehicle's mileage unless it exceeds mechanical limits or the actual mileage is unknown.
  • Forget to title the vehicle in the name of the lienholder or subsequent buyer before attempting to sell it. Along with the Affidavit of Repossession, you will need to submit an Application for Title & Registration and, if applicable, a notarized Affidavit of Lost Title.

Misconceptions

Understanding the Alaska 843 form, an Affidavit of Repossession, is crucial for both lienholders and vehicle owners. Nevertheless, several misconceptions often arise around its use and implications. Here are six common misunderstands dispelled to provide clarity:

  • It's only for cars. While many associate the form strictly with automobiles, it's applicable to all types of vehicles titled in Alaska. This includes motorcycles, boats, and trailers, so long as they are subject to a lien and the appropriate foreclosure proceedings have been followed.
  • Any party can fill it out. In reality, the form is specifically designed for use by the lienholder or an authorized agent of the lienholder. This restriction ensures that the party claiming repossession has a legal right to do so, providing protection against unlawful seizure of property.
  • Signing the form transfers vehicle ownership immediately. Signing the affidavit is a significant step in the repossession process, but it does not itself transfer ownership. The lienholder or new buyer must complete additional steps, including obtaining a title in their name, to finalize the ownership transfer.
  • No additional documentation is needed. Contrary to this belief, notarized documentation, including the original title or a notarized Affidavit of Lost Title, and an application for Title & Registration, are necessary to complete the vehicle's title transfer process after repossession.
  • Repossession can proceed without compliance with Alaska statutes. The affidavit explicitly requires full compliance with specific Alaska Statutes (45.29.601 - 45.29.628) governing foreclosure proceedings. Thus, due legal process must be followed before a vehicle can be legally repossessed and retitled.
  • The form is valid even if the lien wasn't recorded on DMV records. This is incorrect. The Affidavit of Repossession is only valid if the lien has been properly recorded with the Alaska Division of Motor Vehicles (DMV). Without a recorded lien, this document cannot be used to facilitate a title transfer post-repossession.

Clearing these misconceptions ensures that lienholders and vehicle owners alike navigate the repossession and title transfer process with a better understanding of their rights and obligations.

Key takeaways

Understanding the process of filling out and using the Alaska 843 form for repossessing a vehicle is crucial to ensure compliance with state and federal laws. Here are key takeaways to guide lienholders and agents through this process:

  • The Alaska 843 form is an essential document for lienholders or their agents when repossessing a vehicle. It serves as an affidavit of repossession.
  • Only vehicles titled in Alaska are eligible for the procedure described by this form.
  • To legally repossess a vehicle, the individual must be the recorded lienholder or an authorized agent of the lienholder as per the records of the Alaska Division of Motor Vehicles (DMV).
  • The form requires detailed information about the vehicle, including its license plate number, year, make, model, body style, color, and Vehicle Identification Number (VIN).
  • It is mandatory to provide accurate details regarding the registered owner and the lienholder, including their addresses.
  • The lienholder must certify that they have complied fully with Alaska Statutes 45.29.601 - 45.29.628 governing the foreclosure proceeding, ensuring the reclamation process adheres to state law.
  • The Affidavit of Repossession section must indicate whether the vehicle is currently in possession or was sold, including a bill of sale if applicable.
  • An important feature of this form is the odometer declaration, which must accurately reflect the vehicle's mileage at the time of sale or repossession. If the odometer reading does not reflect the actual mileage, a declaration of the discrepancy must be made.
  • Before the vehicle can be sold, the lienholder or subsequent buyer must title the vehicle in their name, accompanied by the required documents: Application for Title & Registration (Form 812), notarized Affidavit of Repossession (843), and the original title or a notarized Affidavit of Lost Title (809) if the original title is not available.
  • If a lien has not been recorded on DMV records, an Affidavit of Repossession is not valid for obtaining a title transfer, underlining the importance of ensuring that all lien information is accurately recorded with the DMV.

Adherence to these points ensures that the repossession process is conducted in a lawful and orderly manner, minimizing potential legal complications for all parties involved.

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