Florida HSMV Form 82048 – Repossession Lienholder Notice – When a lienholder repossesses a motor vehicle or mobile home in Florida, Florida law requires specific notice to any subsequent lienholders listed on the current certificate of title. The official form for this purpose is HSMV 82048, titled “Vehicle Identification Number and Repossession Notice to Subsequent Lienholder” by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
This form plays a critical role in the repossession title process under Florida Statute 319.28. Proper use of Form 82048 helps the primary lienholder obtain a clean certificate of title or certificate of repossession free of prior liens.
What Is Florida HSMV Form 82048?
Form HSMV 82048 is the department-prescribed notice that a repossessing lienholder must send to any subsequent lienholder named on the most recent Florida title. The form notifies the subsequent lienholder that the primary lienholder intends to apply for a new Certificate of Title or Certificate of Repossession showing no liens on the vehicle or mobile home.
The form appears on the official FLHSMV forms list as “Vehicle Identification Number and Repossession Notice to Subsequent Lienholder.” The PDF itself is headed “Repossession Notice to Subsequent Lienholder.”
You can download the current official version directly from the Florida Department of Highway Safety and Motor Vehicles:
Download Florida HSMV Form 82048 (PDF)
Legal Authority: Florida Statute 319.28
Florida Statute 319.28(2)(b) governs repossession transfers of ownership. Key requirements include:
- An affidavit stating the vehicle or mobile home was repossessed upon default in the terms of the security agreement serves as satisfactory proof of ownership and right of possession.
- At least five days prior to selling the repossessed vehicle, any subsequent lienholder named on the last issued certificate of title must receive notice of the repossession by certified mail on a form prescribed by the department (Form HSMV 82048).
- If no written protest is filed with the department within 15 days after the notice was mailed, the certificate of title is issued showing no liens.
- If a former owner or subsequent lienholder files a written protest under oath within the 15-day period, the department withholds the certificate for an additional 10 days.
- If no injunction or court order is served on the department within those 10 days, the certificate of title or repossession is issued showing no prior liens.
Any person who violates the requirements of this paragraph commits a felony of the third degree.
Proof of the required notice to subsequent lienholders must be submitted with the title application and regular title fees. Applications must be filed with a Florida tax collector’s office or the department under section 319.323.
When Is Form 82048 Required?
Form 82048 is required whenever a primary (first) lienholder repossesses a motor vehicle or mobile home in Florida and a subsequent lienholder appears on the current Florida certificate of title.
It is not required if no subsequent lien exists. In that case, the repossessing lienholder can proceed with the title application using the repossession affidavit and other standard documentation.
Tax collector offices and FLHSMV procedure manuals (such as TL-23) instruct that a copy of Form 82048 (or equivalent notice on letterhead) plus proof of certified mail delivery or the returned unclaimed letter must accompany the repossession title application when a subsequent lien is present.
How to Complete Florida HSMV Form 82048?
The form is straightforward. Complete all fields accurately using information from the current Florida title:
- Date – Enter the date the notice is prepared.
- Name of subsequent lienholder(s) – Full legal name as shown on the title.
- Current address of subsequent lienholder(s) – Use the most current address available.
- Identification Number – Vehicle Identification Number (VIN) or mobile home identification number.
- Year and Make of the vehicle or mobile home.
- Title Number – Florida title number.
- Name of registered owner on the most current Florida title.
- Title Issue Date.
The body of the form contains the statutory notice language informing the subsequent lienholder of the five-day period before application and the 15-day protest window.
The form must be signed by the repossessing party or authorized agent.
Filing and Mailing Instructions
According to the instructions printed on Form 82048:
- Original – Send to the subsequent lienholder by certified mail, return receipt requested.
- Copy – Submit to the local tax collector’s office together with the application for Certificate of Title or Certificate of Repossession (typically Form HSMV 82040) and required fees.
Include the original or certified copy of the post office return receipt (or the returned unclaimed certified letter) as proof of notice.
Tax collector offices will reject repossession title applications received during the 15-calendar-day protest window. The application must be resubmitted after the full 15 days have elapsed from the mailing date.
Find local tax collector office addresses on the official FLHSMV website: www.flhsmv.gov/offices/.
Protest Rights of Subsequent Lienholders and Former Owners
Subsequent lienholders and the former registered owner have the right to file a written protest under oath with the Division of Motorist Services within 15 days from the date the notice was mailed.
A timely protest triggers an additional 10-day hold. During that period, the protester may seek an injunction or court order preventing issuance of the new title. If no such order is served on the department within the 10 days, the department issues the certificate of title or certificate of repossession free of the prior liens.
Related Forms and Supporting Documents
Form 82048 is almost always used together with other FLHSMV forms, including:
- HSMV 82040 – Application for Certificate of Motor Vehicle Title (or the mobile home version)
- Repossession affidavit stating the vehicle was repossessed upon default
- Proof of certified mail to subsequent lienholder(s)
- Florida certificate of title (or affidavit of lost title if applicable)
All current motor vehicle and title forms are available on the official FLHSMV forms page: https://www.flhsmv.gov/resources/forms/.
Penalties for Non-Compliance
Florida Statute 319.28(2)(b) expressly provides that any person found guilty of violating the notice requirements of that paragraph is guilty of a felony of the third degree. Strict adherence to the certified-mail notice, timing, and documentation rules is therefore essential.
Key Takeaways for Lienholders and Agents
- Use the official Form HSMV 82048 for notice to subsequent lienholders.
- Send the original by certified mail, return receipt requested, at least five days before applying for the repossession title.
- Wait the full 15 days from the mailing date before submitting the title application to the tax collector.
- Retain and submit proof of mailing with the title package.
- Download the current form only from the official FLHSMV website to ensure you have the latest version.