§ 31-3.1-19. Perfection of security interests.
(a) Unless excepted by § 31-3.1-18, a security interest in a vehicle of a type for which a certificate of title is required
is not valid against creditors of the owner or subsequent transferees or lienholders
of the vehicle unless perfected as provided in this chapter.
(b) A security interest is perfected by the delivery to the division of motor vehicles
of the existing certificate of title, if any, an application for a certificate of
title containing the name and address of the lienholder, and the date of his or her
security agreement. A security interest may also be perfected by the execution of
a security lien statement and the required fee of fifty dollars ($50.00) and registration
card.
(c) If a vehicle is subject to the 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 the following
thirty (30) days 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:
(i) If the name of the lienholder is shown on an existing certificate of title issued
by that jurisdiction, his security interest continues perfected in this state.
(ii) 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 beyond that if, within the four (4) month period, it is perfected in this
state. The security interest may also be perfected in this state after the expiration
of the four (4) month period. If done at that time, 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.
If done at that time, perfection dates from the time of perfection in this state.
(4) A security interest may be perfected under subsection (c)(2)(ii) or subsection (c)(3)
either as provided in subsection (b), or by the lienholder delivering to the division
of motor vehicles a notice of security interest in the form the division of motor
vehicles prescribes and the required fee.