For “Buy-Here-Pay-Here” dealerships, those that sell vehicles and conduct their own financing, placing a lien on their vehicles is very important. These dealers will apply for a certificate of title and registration just as all other dealers, with the added step of placing a lien on the new title. In order to record the lien, the dealer will complete the form HSMV82139, with supporting documentation to evidence the loan agreement with the buyer. The lien information will appear on the front of the title as evidence that this is not a “clear title”. The title will be held by the first lienor until all requirements and obligations have been fulfilled. The first lienor can also reassign the lien by filing another form HSMV82139: http://www.flhsmv.gov/dmv/forms/BTR/82139.pdf indicating reassignment of interest in the property to a new lienor. The recording of the initial lien should be submitted when applying for a certificate of title in the buyer’s name.

It is the responsibility of the Buy-Here-Pay-Here dealer to apply for certificate of title and registration on the buyer’s behalf within the required 30 days just as any other sale. The dealer cannot delay the process in anticipation of full payment. Further, the dealer is required to release the lien once all obligations have been met by filing with the department a form HSMV82260: http://www.flhsmv.gov/dmv/forms/BTR/82260.pdf For a further detailed explanation of the way liens work, we have attached a copy of Florida Statute Chapter Florida Statute 319.27: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0319/Sections/0319.27.html .