FI showroom red and grey logo
MenuMENU
SearchSEARCH

New York State Regulation May Drive Away Auto Loan ABS

The New York State Assembly proposed a new bill called the Vehicle Lienholder Accountability Act, which may limit auto loan ABS issuers from including receivables originated in New York state in auto loan securitizations, according to ratings firm DBRS.

by Staff
June 15, 2010
3 min to read


The New York State Assembly proposed a new bill called the Vehicle Lienholder Accountability Act, which may limit auto loan ABS issuers from including receivables originated in New York state in auto loan securitizations, according to ratings firm DBRS.

This act requires lienholders to provide notice to the owner of a vehicle when the lien holder assigns his or her security interest. It also requires the lienholder to execute a release of his or her security interest within 10 days of this assignment. The assembly proposed a civil fine not to exceed $1,000 for failure to comply with this law.

Ad Loading...

DBRS believes this legislation may make it difficult, or at the very least expensive and administratively burdensome to securitize auto loan receivables originated in New York.

The justification for the legislation is that vehicle lienholders often assign their security interest without generating a lien release to the owner, and the new lienholder often fails to properly register the lien with the Department of Motor Vehicles in order to avoid the fees due. As a result, many vehicle owners do not know who has a security interest in their vehicle, and are unable to obtain a clean certificate of title when they have paid off their vehicle loan. As a result, the original lienholder should be required to release his or her security interest in the vehicle once the lien has been assigned.

The issue with the legislation for auto loan securitizations is that an auto loan may be transferred several times during the life of an auto loan. An originator may initially purchase an auto loan onto its balance sheet and then transfer it to a warehouse facility prior to funding the loan in a term securitization. After an originator has built sufficient loan volume to fund the loans in a term securitization, it will again transfer the loans but may include several transfers depending upon the structure of the securitization. In each case, there would be a requirement to release the lien of the original lien holder and also the vehicle certificate would need to be re-titled in order to reflect the new lien holder.

This is similar to decision made by a bankruptcy court in San Antonio Texas in 2008 that required a secured lender to have their name placed on the certificate of title in order to have a perfected security interest in the vehicle. In June 2009, the governor of Texas signed new legislation which clarified the existing law and explicitly states that certificates of title do not need to be reissued reflecting the names of the lien holder in order to have a perfected security interest in the vehicles.

In the case of New York, the New York Uniform Commercial Code provides that no additional steps are required to perfect an assignee’s security interest. However, this bill may call into question the validity of alien holder’s security interest if the assignor fails to provide notice or a release of the lien to the owner of the vehicle. It also imposes a potential civil fine of up to $1,000 for failure to comply with this legislation.

Ad Loading...

The American Securitization Forum is currently drafting a response to this proposed legislation which is currently with the Committee on Codes.

More F&I

Assurant, Sell Value Build Trust, F&I Series, Expert Trainer Trent White
F&ISeptember 2, 2026

Sell Value, Build Trust

In this video, Trent White explains why selling on value, not fear, builds lasting customer trust, reduces cancellations, and drives long-term success.

Read More →
2026 StoneEagle summary
F&Iby Hannah MitchellAugust 31, 2026

F&I Sales Give Dealers First-Half Lift

Product business shored up total profits to avoid an overall revenue tanking as product penetrations held steady, StoneEagle reported.

Read More →
man with white hair and glasses delivering a speech standing next to a podium
F&Iby Lauren LawrenceAugust 31, 2026

Targeted Training Drives Results

Today’s technology, instead of threatening F&I managers, can actually make them better, according to an industry veteran who’s watched market setbacks roil the unprepared.

Read More →
Ad Loading...
Man's hand holding pen over a paper document
F&Iby Justin B. GasmanAugust 20, 2026

Double the Change, Double the Chance

When an F&I manager gets a customer refusal, it’s a wise move to tweak more than one thing in the product offering.

Read More →
Laptop computer, tablet, calculator and notebook on a desk
F&Iby John TabarAugust 20, 2026

Just Do It

F&I managers need training, but instead of resisting application or expecting perfection, they should improve by simply acting on what they learn.

Read More →
stacks of coins, a calculator, paperwork, and a pair of glasses in the background, text Lender Experience Drives Dealer Decisions, F&I and Showroom
Auto Financeby Lauren LawrenceAugust 12, 2026

Dealer Lender Preferences Revealed

When lenders provide consistent, fast service, their overall satisfaction scores with dealers greatly improve, according to JD Power research.

Read More →
Ad Loading...
Leading with Purpose thumbnail. Trent white pictured in front of titled graphic.
F&IAugust 5, 2026

Leading with Purpose

In this video, Trent White explains how understanding your people’s 'why' is a key leadership responsibility of F&I professionals and how that mindset drives dealership engagement, trust and performance.

Read More →
Photo of a keyring with mltiple keys, including a car key fob, on a white surface
F&IJuly 15, 2026

Integrating Nontraditional F&I Products

The niche presents a strategic advantage for auto dealerships as they move to adapt to fast-changing consumer expectations in today’s market.

Read More →
Photo of businessman's hands holding eyeglasses at a desk
F&Iby Rick McCormickJuly 7, 2026

Trust Is Personal

Technology, no matter how efficient, can’t replace what the human F&I manager can do, which is to bridge the divide between cyberspace and the in-store experience.

Read More →
Ad Loading...
Photo of executive in a sports coat and glasses
Industryby StaffJuly 2, 2026

Amplify 2026 Billed as Turning Innovation Into Results

Reynolds and Reynolds says its annual retail summit will connect dealers with practical strategies, peer insight, and technology-driven ideas.

Read More →