Form ELT-5 "Lender Application for Participation in the Electronic Lien Transfer Program" - New York

What Is Form ELT-5?

This is a legal form that was released by the New York State Department of Motor Vehicles - a government authority operating within New York. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on June 1, 2021;
  • The latest edition provided by the New York State Department of Motor Vehicles;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form ELT-5 by clicking the link below or browse more documents and templates provided by the New York State Department of Motor Vehicles.

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Download Form ELT-5 "Lender Application for Participation in the Electronic Lien Transfer Program" - New York

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LENDER APPLICATION FOR PARTICIPATION
IN THE ELECTRONIC LIEN TRANSFER PROGRAM
Title Bureau · ELT Program · 6 Empire State Plaza · Albany, NY 12228
Lending Institution:
Name of Business
EIN:
Name/Title of the authorized individual completing application on behalf of the Business:
Administrative Contact:
Name/Title
Telephone Number (Area Code)
Fax Number (Area Code)
(
)
(
)
E-Mail Address
Technical Contact:
Name/Title
Telephone Number (Area Code)
Fax Number (Area Code)
(
)
(
)
E-Mail Address
List the lienholder code currently assigned to your company by NYS DMV:
If you need a code, check this box
The purpose of the New York State Department of Motor Vehicles Electronic Lien Transfer (ELT) Program is to
substitute the electronic transmission of data for the exchange of paper forms (DMV forms MV-900 & 901), in
order to effectuate the attachment, recordation, or satisfaction of a lien that is secured by a vehicle or boat titled
in New York State. The term “Lender” as used herein shall refer to the Lienor.
This Application is made for the purpose of participating in the ELT Program, and gaining and continuing access
to the New York State Department of Motor Vehicles ELT System through a Service Provider. As a condition of
participating in New York’s ELT Program, and gaining and continuing access to the ELT System, the
undersigned Lender agrees to the following Terms and Conditions of Service.
Upon approval of this application by DMV, the undersigned Lender will be provided access to the ELT System
through a DMV approved Service Provider which you select. Breach of any of the terms or conditions of service
specified herein shall constitute grounds for immediate suspension of access to the System.
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ELT-5 (6/21)
LENDER APPLICATION FOR PARTICIPATION
IN THE ELECTRONIC LIEN TRANSFER PROGRAM
Title Bureau · ELT Program · 6 Empire State Plaza · Albany, NY 12228
Lending Institution:
Name of Business
EIN:
Name/Title of the authorized individual completing application on behalf of the Business:
Administrative Contact:
Name/Title
Telephone Number (Area Code)
Fax Number (Area Code)
(
)
(
)
E-Mail Address
Technical Contact:
Name/Title
Telephone Number (Area Code)
Fax Number (Area Code)
(
)
(
)
E-Mail Address
List the lienholder code currently assigned to your company by NYS DMV:
If you need a code, check this box
The purpose of the New York State Department of Motor Vehicles Electronic Lien Transfer (ELT) Program is to
substitute the electronic transmission of data for the exchange of paper forms (DMV forms MV-900 & 901), in
order to effectuate the attachment, recordation, or satisfaction of a lien that is secured by a vehicle or boat titled
in New York State. The term “Lender” as used herein shall refer to the Lienor.
This Application is made for the purpose of participating in the ELT Program, and gaining and continuing access
to the New York State Department of Motor Vehicles ELT System through a Service Provider. As a condition of
participating in New York’s ELT Program, and gaining and continuing access to the ELT System, the
undersigned Lender agrees to the following Terms and Conditions of Service.
Upon approval of this application by DMV, the undersigned Lender will be provided access to the ELT System
through a DMV approved Service Provider which you select. Breach of any of the terms or conditions of service
specified herein shall constitute grounds for immediate suspension of access to the System.
-1-
ELT-5 (6/21)
TERMS AND CONDITIONS OF SERVICE
1. In lieu of using paper DMV forms MV-900 (“Notice of Lien”) and MV-901 (“Notice of Recorded
Lien”), the parties will employ electronic communications for the purpose of effectuating the
following transactions:
a. Lien Recordation
b. Collateral Loan Lien Filing (lien subsequent to issue of original title certificate)
c. Release of a Security Interest
d. Cancellation of Electronic Lien Filing
e. Amendment of Electronic Lien Filing
• NOTE: The use of the ELT Program shall not affect Lender’s obligation to provide borrowers
with written proof of lien satisfaction.
• Lender shall not obtain or attempt to obtain personal information from DMV records for any
other purpose.
2. Lenders must not transmit Collateral Loan Lien data for the recordation of such lien, prior to the
borrower delivering the certificate of title to the Lender. For the purpose of facilitating attachment of
a Collateral Loan Lien, lenders must securely destroy the certificate of title provided to the lender by
the borrower, after lender receives electronic confirmation from DMV that a new certificate of title
has been issued on which the Collateral Loan Lien has been duly recorded. Upon issuance of the new
certificate of title, the prior certificate is void, and must not be returned to the borrower. Secure
destruction may be accomplished by use of a cross-cut shredder, or similar device.
3. Lender will employ the services of only one service provider approved by DMV to electronically
notify DMV of Lender’s lien secured by a vehicle or boat titled in New York State. Any request
to change service providers must be coordinated with DMV at least 15 days in advance of the change.
Please provide name and contact information (address, phone number, fax number, and e-mail address)
of the ELT vendor you will be using:
4. Under the ELT Program, electronic transaction processing occurs as follows:
a. Lender electronically provides lien information to Service Provider; then
b. Service Provider transmits to DMV; and
c. DMV electronically transmits processing response messages to Service Provider.
5. Service Provider shall bear all costs associated with participating in the ELT Program, including any
costs incurred by Service Provider to establish and maintain connectivity to New York’s ELT System.
6. DMV and the State of New York shall not be liable for any error or omission in the recordation of
any lien or security interest secured by a vehicle or boat titled in this State.
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ELT-5 (6/21)
7. Lender acknowledges that all DMV records containing personal information, as well as DMV-related
processing information, is confidential and is the property of the Department and the State of New
York, and should such information be used improperly, or become compromised the Lender may be
held liable for violating the federal Driver’s Privacy Protection Act of 1994 (DPPA) (18 U.S.C.
§2721, et seq.), and the New York State Information Security Breach and Notification Act (ISBNA)
(General Business Law, §899-aa; State Technology Law, §208), and may be required to indemnify
DMV for any such violation.
8. Lender shall maintain accurate records and accounts of services performed under this Agreement and
shall furnish or make available such records for audit by the State. Lender shall keep such records for
at least five (5) years subsequent to termination of last ELT transaction (filing or release). The parties
acknowledge and consent to the extension of this record retention obligation, which exceeds the
minimum standard set forth in Appendix-A hereof.
The location at which Lender maintains such records is as follows:
Contact Person/Office:
Address:
Phone Number:
Fax:
(
)
(
)
Email:
• Lender must promptly notify DMV of any change in this information.
9. Lender shall comply with the provisions of Appendix-A hereof, entitled “Standard Clauses for New
York State Contracts”. All references therein to “Contractor” shall apply to Lender.
10. DMV reserves the right to terminate this Agreement at any time, upon reasonable advance notice to
the Lender; or immediately, without providing prior notice in the event the DMV determines that a
breach of security occurred or that a breach is imminent. In such event, DMV shall provide Lender
with written notice of termination within a reasonable time. However, termination of this Agreement
will not affect Lender’s liability for breach of the terms hereof, or its ongoing obligation to secure
personal information provided hereunder from DMV records.
11. All controversies concerning this Agreement must be resolved by a court of competent jurisdiction in
New York State.
CERTIFICATION:
I certify that the information I have provided on this form is true and complete to the best of my knowledge.
Warning:
Intentionally making a false statement or providing false or misleading information in connection
with this application is a criminal offense that may subject you to criminal prosecution under the law.
(Name)
X
(Signature)
(Date)
(Title)
-3-
ELT-5 (6/21)
APPENDIX - A
(OCTOBER 2019)
STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS
TABLE OF CONTENTS
1. Executory Clause
2. Non-Assignment Clause
3. Comptroller’s Approval
4. Workers’ Compensation Benefits
5. Non-Discrimination Requirements
6. Wage and Hours Provisions
7. Non-Collusive Bidding Certification
8. International Boycott Prohibition
9. Set-Off Rights
10. Records
11. Identifying Information and Privacy Notification
12. Equal Employment Opportunities For Minorities and Women
13. Conflicting Terms
14. Governing Law
15. Late Payment
16. No Arbitration
17. Service of Process
18. Prohibition on Purchase of Tropical Hardwoods
19. MacBride Fair Employment Principles
20. Omnibus Procurement Act of 1992
21. Reciprocity and Sanctions Provisions
22. Compliance with Breach Notification and Data Security Laws
23. Compliance with Consultant Disclosure Law
24. Procurement Lobbying
25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain
State Contractors, Affiliates and Subcontractors
26. Iran Divestment Act
27. Admissibility of Reproduction of Contract
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ELT-5 (6/21)
STANDARD CLAUSES FOR NYS CONTRACTS
The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the
contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the
contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser,
licensee, lessor, lessee or any other party):
1.
In accordance with Section 41 of the State Finance Law, the State shall
EXECUTORY CLAUSE.
have no liability under this contract to the Contractor or to anyone else beyond funds appro priated
and available for this contract.
2.
NON-ASSIGNMENT CLAUSE.
In accordance with Section 138 of the State Finance Law, this
contract may not be assigned by the Contractor or its right, title or interest therein assigned,
transferred, conveyed, sublet or otherwise disposed of without the State’s previous written consent,
and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent
of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at
the discretion of the contracting agency and with the concurrence of the State Comptroller where
the original contract was subject to the State Comptroller’s approval, where the assignment is due
to a reorganization, merger or consolidation of the Contractor’s business entity or enterprise. The
State retains its right to approve an assignment and to require that any Contractor demonstrate its
responsibility to do business with the State. The Contractor may, however, assign its right to
receive payments without the State’s prior written consent unless this contract concerns Certificates
of Participation pursuant to Article 5-A of the State Finance Law.
3.
In accordance with Section 112 of the State Finance Law (or, if
COMPTROLLER'S APPROVAL.
this contract is with the State University or City University of New York, Section 355 or Section
6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to
by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an
amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or
if, by this contract, the State agrees to give something other than money when the value or
reasonably estimated value of such consideration exceeds $25,000, it shall not be valid, effective or
binding upon the State until it has been approved by the State Comptroller and filed in his office.
Comptroller's approval of contracts let by the Office of General Services is required when such
contracts exceed $85,000 (State Finance Law § 163.6-a). However, such pre-approval shall not be
required for any contract established as a centralized contract through the Office of General
Services or for a purchase order or other transaction issued under such centralized contract.
4.
In accordance with Section 142 of the State Finance
WORKERS' COMPENSATION BENEFITS.
Law, this contract shall be void and of no force and effect unless the Contractor shall provide and
maintain coverage during the life of this contract for the benefit of such employees as are required
to be covered by the provisions of the Workers' Compensation Law.
5.
NON-DISCRIMINATION REQUIREMENTS
. To the extent required by Article 15 of the Executive
Law (also known as the Human Rights Law) and all other State and Federal statutory and
constitutional non-discrimination provisions, the Contractor will not discriminate against any
employee or applicant for employment, nor subject any individual to harassment, because of age,
race, creed, color, national origin, sexual orientation, gender identity or expression, military status,
sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic
violence victim status or because the individual has opposed any practices forbidden under the
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ELT-5 (6/21)
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