The Repossession Affidavit, printed on the form as Affidavit of Ownership by Repossession, is the Nebraska DMV form a secured party signs under oath to state that it is the lawful owner of a motor vehicle or motorboat taken back after the debtor's default. The form is for Nebraska lienholders only; out-of-state lienholders must use a form approved by their state of residence. On this page you can fill out the form online on FillingPDF and download or print the completed PDF. The original PDF is published by the Nebraska DMV at dmv.nebraska.gov.
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What is Repossession Affidavit – Nebraska?
The Repossession Affidavit, titled Affidavit of Ownership by Repossession on the form, is the sworn statement a Nebraska secured party uses to declare that it is the lawful owner of a repossessed motor vehicle or motorboat, so that a Certificate of Title can be issued in its name.
The Nebraska DMV publishes the form among its motor vehicle title forms. The affiant, a representative of the secured party, swears three things: the debtor defaulted on an obligation secured by the vehicle or boat; the secured party exercised its post-default remedies on this collateral; and, by reason of that exercise, it is acquiring the rights of the debtor in the collateral.
The form identifies the vehicle or boat by year, make, model and Vehicle Identification Number/Hull Identification Number. It also records the debtor's name and address, the date of the original contract and the date of transfer of ownership.
The affiant states that the purpose is to have the designated County Official issue a Certificate of Title in the affiant's name, as indicated by the attached Application for Certificate of Title. The affiant also swears to warrant and defend the title and rights to the vehicle and to protect the issuing County Official from damages arising from irregularities. A notary public completes the jurat, and the form is not a title application itself.
Who needs to file Repossession Affidavit – Nebraska?
The main users are Nebraska lienholders, meaning secured parties that have repossessed a motor vehicle or motorboat and want a Certificate of Title issued in their own name. The form is completed by a representative of the secured party, who signs as affiant and prints his or her name.
Exclusions: the form states that it is for Nebraska lienholders only. Out-of-state lienholders must use a form approved by their state of residence, not this one.
The affidavit applies where the debtor has defaulted on an obligation secured by the vehicle or boat and the secured party has exercised its post-default remedies on that collateral. It does not release the lien on a title: the form states that the lien shall not be released on the face of the title accompanying the affidavit.
When to file Repossession Affidavit – Nebraska
The triggering event is the repossession: you complete the affidavit once the debtor has defaulted, you have exercised your post-default remedies on the vehicle or boat, and you are ready to apply for a Certificate of Title in your name. The form prints no filing deadline of its own.
One date rule applies. The date of Transfer of Ownership recorded on the form must be equal to or less than the notary date, so the affidavit cannot be notarized before that date. The date of Transfer of Ownership is also used as the purchase date on the Certificate of Title issued under the affidavit, so enter it carefully.
The affidavit goes with the Application for Certificate of Title, so it is submitted whenever that application is.
Documents you need
- Application for Certificate of Title, attached to the affidavit: the affidavit states it is made so the County Official can issue the title in the affiant's name as indicated by that application.
- The title accompanying the affidavit, if one is submitted: the lien shall not be released on the face of that title.
How to fill out Repossession Affidavit – Nebraska
Confirm you are a Nebraska lienholder
Read the note at the top: the form is for Nebraska lienholders only. Out-of-state lienholders must use a form approved by their state of residence.
Enter the representative and secured party
In the opening statement, enter the name of the Representative of Secured Party who is being sworn and the name of the Secured Party that is the lawful owner of the vehicle or boat.
Describe the vehicle or boat
Enter the Year, Make and Model, and the Vehicle Identification Number/Hull Identification Number of the repossessed motor vehicle or motorboat.
Review the three sworn statements
Read items 1 to 3: the debtor defaulted on an obligation secured by the vehicle or boat, you exercised post-default remedies, and you are acquiring the debtor's rights in the collateral. Sign only if all three are true.
Enter the debtor's details
Under Repossessed from, enter the Name of Debtor and the debtor's Address, City, State and Zip.
Enter the contract and transfer dates
Enter the Date of Original Contract and the Date of Transfer of Ownership. The transfer date must be equal to or less than the notary date and will be the purchase date on the title.
Sign and print the representative's name
The Representative of Secured Party signs the affidavit and prints his or her name in the fields provided. The form is sworn, so complete the signature as the notary requires.
Have the notary complete the jurat
The notary public fills in the day, month and year after "Subscribed and Sworn to before me this" and adds the notary signature and seal.
Review and download the completed PDF
Check names, VIN/HIN and dates, then download or print the completed PDF from FillingPDF and assemble it with the Application for Certificate of Title as described under How to submit.
How to submit Repossession Affidavit – Nebraska
The form is submitted to the designated County Official together with the attached Application for Certificate of Title. The affidavit states that it is made so that the County Official will issue the title in the affiant's name as indicated by that application.
- Before you submit: have the affidavit signed by the representative of the secured party and completed by a notary public, with the notary date on or after the date of Transfer of Ownership.
- What goes with it: the Application for Certificate of Title. The form also refers to the title accompanying the affidavit, on which the lien is not released.
- Where to look: the form prints no address, portal or fee. Find the Nebraska DMV's title forms and information at https://dmv.nebraska.gov/forms and confirm the current procedure with the County Official who will issue the title.
FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Using this form as an out-of-state lienholder; it is for Nebraska lienholders only, and out-of-state lienholders must use a form approved by their state of residence.
- Entering a date of Transfer of Ownership later than the notary date; it must be equal to or less than the notary date.
- Forgetting that the date of Transfer of Ownership becomes the purchase date on the Certificate of Title issued under the affidavit.
- Submitting the affidavit without the attached Application for Certificate of Title that it refers to.
- Releasing the lien on the face of the title that accompanies the affidavit; the form says the lien shall not be released there.
- Leaving the notary section, including the date and seal, incomplete after signing.
- Omitting the vehicle or boat identification: year, make, model and Vehicle Identification Number/Hull Identification Number.
Frequently asked questions
What is a repossession affidavit in Nebraska?
A repossession affidavit is the Nebraska DMV's Affidavit of Ownership by Repossession. A representative of a secured party swears that the party is the lawful owner of a repossessed vehicle or boat, so a Certificate of Title can be issued in its name.
Who can use the Nebraska repossession affidavit?
Only Nebraska lienholders. The form states that out-of-state lienholders must use a form approved by their state of residence. A representative of the secured party signs it as affiant.
Does the repossession affidavit need to be notarized?
Yes. The form includes a "Subscribed and Sworn to before me" block with a notary public and seal. The date of Transfer of Ownership must be equal to or less than the notary date.
What do I attach to the repossession affidavit?
The Application for Certificate of Title. The affidavit says it is made so the designated County Official can issue the title in your name as indicated by that attached application.
What date do I enter as the Date of Transfer of Ownership?
Enter the date ownership transferred to the secured party, which must be equal to or less than the notary date. The form says this date will be used as the purchase date on the Certificate of Title.
Does the affidavit release the lien on the old title?
No. The form states that the lien shall not be released on the face of the title accompanying the affidavit.
Can I fill out the repossession affidavit online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the affidavit; it is submitted to the designated County Official with the title application.
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