§ 27-14-802 — Application and documents

(a) There shall be deposited with the Office of Motor Vehicle a copy of the instrument creating and evidencing a lien or encumbrance, which instrument is to be executed in the manner required by the laws of this state and accompanied by the certificate of title last issued for the vehicle. (b) If a vehicle is subject to a security interest when brought into this state, the validity of the security interest is determined by the law of the jurisdiction where the vehicle was when the security interest attached, subject to the following: (1) If the parties understood at the time the security interest attached that the vehicle would be kept in this state and it was brought into this state within thirty (30) days thereafter for purposes other than transportation through this state, the validity of the security interest in this state is determined by the law of this state; (2) If the security interest was perfected under the law of the jurisdiction where the vehicle was when the security interest attached, the following rules apply: (A) If the name of the lienholder is shown on an existing certificate of title issued by that jurisdiction, the lienholder's security interest continues perfected in this state; and (B) If the name of the lienholder is not shown on an existing certificate of title issued by that jurisdiction, the security interest continues perfected in this state for four (4) months after a first certificate of title of the vehicle is issued in this state and also thereafter if, within the four-month period, it is perfected in this state. The security interest may also be perfected in this state after the expiration of the four-month period. In that case, perfection dates from the time of perfection in this state; (3) If the security interest was not perfected under the law of the jurisdiction where the vehicle was when the security interest attached, it may be perfected in this state. In that case, perfection dates from the time of perfection in this state; and (4) A security interest may be perfected either under subdivision (b)(2)(B) of this section or subdivision (b)(3) of this section as provided in subsection (a) of this section. (c) If the vehicle is of a type subject to registration under this chapter, but has not been registered and no certificate of title has been issued therefor, then the certified copy of the instrument creating the lien or encumbrance shall be accompanied by an application by the owner in usual form for an original registration and issuance of an original certificate of title. In every such event, the application shall be accompanied by any fees as provided in this chapter.

Legislative History

Acts 1949, No. 142, § 60; 1951, No. 208, § 1; 1959, No. 307, § 9; A.S.A. 1947, § 75-160; Acts 1989, No. 251, § 4.