To Whom It May Concern:

Impounded vehicles are routinely released to lien holders from the City of Dallas Police Automobile Pound in

accordance with Section 28-5 of the Dallas City Code. A review of the provisions of this section by the City

Attorney’s Office affirmed that the requirements for lien holder repossession are necessary and appropriate for

protecting the City’s liability for proper release of these vehicles.

In order to repossess a vehicle from the Auto Pound, the lien holder must:

1. Hold a valid and existing lien on the vehicle;

2. Present the original certificate of title (no facsimile or copy accepted) with the lien appearing on it; in the

event sufficient time has not elapsed (generally not to exceed ninety days) for the original title to have been

received from the state, the original lien holder’s copy of the Tax Collector’s Receipt may be accepted;

3. Present the original mortgage lien contract, or a certified copy of the mortgage lien contract, specifying

that, upon default of the mortgagor, the mortgagee is entitled to possession of the vehicle;

4. Present an original notarized and valid hold harmless affidavit made to the City of Dallas identifying by

name the mortgagee and the mortgagor, which states:

year, make, model and complete and correct vehicle identification number (VIN);

department, and its employees”, without exclusion, upon delivery of the vehicle to the mortgage lien

holder.

In addition, if the lien holder has appointed a wrecker company or individual to act as agent in retrieving the vehicle,

the agent must also present an original notarized “Authorization to Release” to the Auto Pound.

“Hold Harmless” and “Authorization to Release” blank forms are available (at the Auto Pound) if you choose to use

the forms provided. Lien holders may use their own letterhead or computer format as long as all of the above listed

requirements are included.

Sincerely,

DAVID M. KUNKLE

CHIEF OF POLICE

H. R. Andrews

Lieutenant of Police

Auto Pound Unit

Support Services Bureau

THE STATE OF TEXAS ( )

KNOW ALL MEN BY THESE PRESENTS:

COUNTY OF DALLAS ( )

WHEREAS, by virtue of a valid and existing mortgage lien contract by and between

_____________________________________________, hereinafter call Mortgagor, and

_____________________________________________, hereinafter called Mortgagee, the said Mortgagee is the

holder of a lien on a certain automobile, Make and Body Style ______________________________, Model

___________________________, License Number __________________, Vehicle Identification Number

___________________________________, said lien appearing on Texas Certificate of Title No.

___________________________________, and,

WHEREAS, said Mortgage lien contract provides that in the event the Mortgagor defaults in his payments to the

Mortgagee, the Mortgagee thereby becomes entitled to possession of said automobile; and,

WHEREAS, the said Mortgagor has defaulted in his payments to the said Mortgagee, the Mortgagee is entitled to

possession of said automobile; and,

WHEREAS, the said automobile is in the possession of the Police Department of the City of Dallas, Texas, and the

Mortgagee desires to have said automobile delivered to him, her, it; and,

WHEREAS, the said Mortgagee is willing to indemnify and save harmless the City of Dallas, its Police Department

and its employees because of delivery of said automobile to him, her, it.

NOW, THEREFORE, in consideration of the delivery to him, her, it of said automobile the said Mortgagee

covenants and promises to and does by these presents indemnify and save harmless the City of Dallas, its Police

Department and its employees by virtue of the said City of Dallas and its Police Department having delivered to the

said Mortgagee the said automobile.

____________________________________

By: ________________________________

(Title)

THE STATE OF TEXAS ( )

COUNTY OF DALLAS ( )

BEFORE ME, the undersigned, a Notary Public in and for Dallas County, Texas, on this day personally appeared

____________________________________________, authorized agent acting in behalf of

______________________________________________, known to me to be the person whose name is subscribed

to the foregoing instrument, and having been duly sworn, upon his oath deposes and says that he has read the above

statements and they are true and correct, and acknowledged to me that he executed the same for the purposes and

consideration therein expressed.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ________________ day of ____________, A.D.

20_____.

_________________________________________

NOTARY PUBLIC in and for Dallas County, Texas

THE STATE of TEXAS

COUNTY of DALLAS

My name is _____________________________. I reside at _____________________________, in the City of

______________________. State of __________________________.

My Driver’s License number is __________________________, issued by the State of _____________________.

* ____A. I request the release of the below described vehicle and all property contained within that vehicle at the time of

CHOOSE * impoundment.

ONE: *

* ____B. I request only the release of the property which was contained within the below described vehicle at the time of

impoundment.

* Make ____________________________ Model ________________________ Year ______ Color _____________

Vehicle * Vehicle License Plate # ___________________________________________________ State _____________

Information: * Vehicle Identification Number ________________________________________________________________

* Vehicle Owner ____________________________________________________________________________

The owner of the above described vehicle has become incapacitated or is deceased; and I am the:

*

* ____A. next-of-kin or heir of the vehicle owner (indicate your relationship)

* ___1. Spouse

* ___2. Child (NOTE: This represents the legal order of inheritance.)

* ___3. Parent

CHOOSE * ___4. brother/sister

ONE: *

* ____B. legally designated agent of _______________________ who is the next-of-kin or heir of the vehicle owner,

* now incapacitated or deceased (must have document showing agency). (State the relationship of the next-of-kin

* or heir to the vehicle owner: ___________________________________________.) (See NOTE above)

*

* ____C. other: (Contact an attorney in the Criminal Law and Police Unit of the Dallas Police Department, 2014

* Main St., Room 501, Dallas, Texas.)

W A R N I N G

TEXAS PENAL CODE

Section 37.02 – PERJURY

A. A PERSON COMMIT AN OFFENSE IF, WITH INTENT TO DECEIVE AND WITH KNOWLEDGE OF THE STATEMENT’S MEANING:

(1) HE MAKES A FALSE STATEMENT UNDER OATH OR SWEARS TO THE TRUTH OF A FALSE STATEMENT PREVIOUSLY

MADE, AND

(2) THE STATEMENT IS REQUIRED OR AUTHORIZED BY LAW TO BE MADE UNDER OATH

B. AN OFFENSE UNDER THIS SECTION IS A CLASS “A” MISDEMEANOR.

In consideration for the release of the referenced property, the undersigned releases the City of Dallas, the Police Department and the employees

of the City of Dallas, from any and all liability, claims, suits, demands or causes of action which may arise out of or be brought against the City of

Dallas, its Police Department or the employees of the City of Dallas by virtue of the delivery of the above described property to me.

For the same consideration, it is the express purpose of this agreement that I bind myself to defend, pay and hold the City of Dallas, Texas, the

Police Department of the City of Dallas and any City employee, whole and harmless from any liability, claim, demand, suit or cause of action

which may arise out of or be brought against the City of Dallas, the Police Department of the City of Dallas or any employee of the City of

Dallas, by virtue of the delivery of the above described property to me.

EXECUTED THIS THE _________ DAY OF ____________________________, A.D., 20_______.

______________________________________________________

______________________________________________________

SUBSCRIBED AND SWORN TO BEFORE ME, BY THE SAID ____________________________________________ ON THIS THE ______

DAY OF _______________________________ A.D., 20______, TO CERTIFY WHICH WITNESS MY HAND AND SEAL OF THE OFFICE.

_____________________________________________________

NOTARY PUBLIC in and for DALLAS COUNTY, TEXAS