Michigan House Bill HB6182

Michigan 2023-2024 Regular Session

• Introduced: 11/26/24
• Refer: 11/26/24

Caption

Trade: vehicles; duties of persons that refuse to purchase or finance motor vehicle installment sale contracts after assignment of security interests; provide for. Amends sec. 238 of 1949 PA 300 (MCL 257.238).

Impact

The proposed amendments are intended to streamline the process of managing security interests in vehicles, making it more efficient and less prone to errors. By requiring that all transactions be conducted electronically, the bill aims to enhance the accuracy of record-keeping and the expediency of transactions involving vehicle titles. It also provides clarity on the responsibilities of both owners and financial institutions in situations of assignment or refusal to finance vehicle installment sales, thus potentially reducing disputes and improving consumer confidence.

Summary

House Bill 6182 proposes amendments to the Michigan Vehicle Code, specifically targeting security interests in vehicles. It lays out the responsibilities of vehicle owners and holders of security interests in situations where a security interest is created in a vehicle or its accessories. The bill mandates the immediate execution of an application by the owner to denote the holder of the security interest on the vehicle title and outlines the necessary procedures for their documentation and filing with the state department. This includes electronic methods for managing transactions and records related to these interests.

Contention

While the bill seeks to modernize vehicle title processes, it also raises concerns among some stakeholders regarding the implications of electronic transactions for consumer rights and privacy. Detractors may argue that while electronic record-keeping can provide efficiencies, it may also lead to increased vulnerability to data breaches and could hinder transparency in financial dealings. Furthermore, the scope of the bill regarding the assignment of security interests might lead to legal complexities that could pose risks for parties involved in vehicle financing.

Notable_points

The bill reinforces that a title will not be issued if there are outstanding security interests, which is a critical point for both consumers and lenders. It also mandates that adequate notices be provided in case a financial institution decides against financing an installment sale contract after the assignment of a security interest. These provisions reflect the bill's emphasis on protecting the interests of both vehicle owners and lenders in the credit market.