32-8-64.1
Section 32-8-64.1 Satisfaction of security interest after 12 years. Except for liens and security
interests listed on certificates of title for manufactured homes, travel trailers, or vehicles
that weigh more than 12,000 pounds gross weight, which shall be satisfied only in conformity
with Section 32-8-64, any lien or security interest shall be considered satisfied and release
shall not be required after 12 years from the date of the security agreement as recorded on
the certificate of title. Nothing in this section shall preclude the perfection of a lien
or security agreement, or the perfection of an extension of a lien or security agreement beyond
a period of 12 years, by application for a new certificate of title on which the lien or security
agreement is listed. In order to provide for the continuous perfection of a lien or security
interest originally entered into for a period of more than 12 years for a vehicle other than
a manufactured home, travel trailer, or vehicle that...
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8-21A-6
Section 8-21A-6 Supplier's duties to dealers - Agreements to maintain inventory; supplier's
duty to repurchase inventory, etc. upon termination of agreement; transfer of title and right
of possession; continuing security interest; items not covered; civil liability of supplier;
remedies. (a) Whenever any dealer enters into a dealer agreement with a supplier wherein the
dealer agrees to maintain an inventory of equipment and/or repair parts and the dealer agreement
is subsequently terminated or not renewed, whether by either party or mutual consent of both,
the supplier shall repurchase the inventory as provided in this section. Further, supplier
shall repurchase at its fair market value or assume the lease responsibilities of any specific
data processing hardware and/or software that the supplier required the dealer to purchase
to satisfy the minimum requirements of the dealer agreement and repurchase at 75 percent of
the current net price any merchandising tools, accessories, and...
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7-7-503
Section 7-7-503 Document of title to goods defeated in certain cases. (a) A document of title
confers no right in goods against a person that before issuance of the document had a legal
interest or a perfected security interest in the goods and that did not: (1) Deliver or entrust
the goods or any document of title covering the goods to the bailor or the bailor's nominee
with: (A) Actual or apparent authority to ship, store, or sell; (B) Power to obtain delivery
under Section 7-7-403; or (C) Power of disposition under Section 7-2-403, 7-2A-304(2), 7-2A-305(2),
7-9A-320, or 7-9A-321(c) or other statute or rule of law; or (2) Acquiesce in the procurement
by the bailor or its nominee of any document. (b) Title to goods based upon an unaccepted
delivery order is subject to the rights of any person to which a negotiable warehouse receipt
or bill of lading covering the goods has been duly negotiated. That title may be defeated
under Section 7-7-504 to the same extent as the rights of the...
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32-20-33
Section 32-20-33 Issuance of new certificate upon assignment. (a) The department, upon receipt
of a properly assigned certificate of title, with an application for a new certificate title,
the required fee, and any other documents required by the department, shall issue a new certificate
of title in the name of the transferee as owner and mail it to the first lienholder named
in it or, if none, to the owner. (b) The department, upon receipt of an application for a
new certificate of title by a transferee other than by voluntarily transfer, with proof of
the transfer, the required fee, and any other documents required by law, shall issue a new
certificate of title in the name of the transferee as owner. If the outstanding certificate
of title is not delivered to the department, the department shall make demand therefor from
the holder thereof. (c) The department shall file every surrendered certificate of title,
or an electronically reproduced copy of every such certificate, for a...
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32-20-4
Section 32-20-4 Transaction fees. (a) There shall be paid to the department for issuing and
processing documents required by this chapter a fee of fifteen dollars ($15) for each unit
of a manufactured home required to be titled under Section 32-20-20 for the following transactions:
(1) Each application for certificate of title. (2) Each application for replacement or corrected
certificate of title. (3) Each application for certificate of title after transfer. (4) Each
notice of security interest. (5) Each assignment by lienholder. (6) Each application for cancellation
of a certificate of origin or certificate of title. (7) Each application for information as
to the status of the title of a manufactured home. Such information shall be treated in the
same manner as prescribed by state and federal statutes, rules, and regulations regarding
the confidentiality and disclosure of motor vehicle records. (b) The designated agents shall
add the sum of one dollar fifty cents ($1.50) for each...
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32-8-61
Section 32-8-61 Perfection of security interests. (a) Unless excepted by this section, a security
interest in a vehicle for which a certificate of title is required by the terms of this chapter
is not valid against creditors of the owner or subsequent transferees or lienholders of the
vehicle unless perfected as provided in this article. (b) A security interest is perfected
by the delivery to the department 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 security agreement and the required fee. It is perfected as of the time of its creation
if the delivery is completed within 30 days thereafter, otherwise, as of the time of the delivery.
(Acts 1973, No. 765, p. 1147, §19; Acts 1977, No. 252, p. 329, §2; Acts 1981, No. 81-312,
p. 399, §7-11-109(2); Acts 1987, No. 87-412, p. 606; Act 2001-313, p. 405, §1.)...
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7-9A-109
Section 7-9A-109 Scope. (a) General scope of article. Except as otherwise provided in subsections
(c) and (d), this article applies to: (1) a transaction, regardless of its form, that creates
a security interest in personal property or fixtures by contract; (2) an agricultural lien;
(3) a sale of accounts, chattel paper, payment intangibles, or promissory notes; (4) a consignment;
(5) a security interest arising under Section 7-2-401, 7-2-505, 7-2-711(3), or 7-2A-508(5),
as provided in Section 7-9A-110; and (6) a security interest arising under Section 7-4-210
or 7-5-118. (b) Security interest in secured obligation. The application of this article to
a security interest in a secured obligation is not affected by the fact that the obligation
is itself secured by a transaction or interest to which this article does not apply. (c) Extent
to which article does not apply. This article does not apply to the extent that: (1) a statute,
regulation, or treaty of the United States preempts this...
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7-9A-311
Section 7-9A-311 Perfection of security interests in property subject to certain statutes,
regulations, and treaties. (a) Security interest subject to other law. Except as otherwise
provided in subsection (d), the filing of a financing statement is not necessary or effective
to perfect a security interest in property subject to: (1) a statute, regulation, or treaty
of the United States whose requirements for a security interest's obtaining priority over
the rights of a lien creditor with respect to the property preempt Section 7-9A-310(a); (2)
Chapter 8 or Chapter 20 of Title 32 or another statute of this state which provides for a
security interest to be indicated on a certificate of title as a condition or result of the
security interest's obtaining priority over the rights of a lien creditor with respect to
the collateral, or any central filing system created by another statute of this state governing
perfection of a security interest in collateral that is subject to this article;...
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27-22-60
Section 27-22-60 Definitions. As used in this article, the following terms shall have the following
meanings: (1) LENDER. A person who holds a mortgage, lien, deed of trust, or other security
interest in property. The term includes an assignee, receiver, or other transferee of the
interest. (2) RESIDENTIAL REAL PROPERTY. Any of the following: a. A single-family house. b.
A duplex, triplex, or quadraplex. c. A unit in a multi-unit residential structure in which
title to an individual unit is transferred to the owner of the unit under a condominium or
cooperative system. (Act 2019-460, §1.)...
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32-20-24
Section 32-20-24 Acceptance of application where ownership of manufactured home in question.
If the department is not satisfied as to the ownership of the manufactured home or that there
are no undisclosed security interests in it, the department may accept the application but
shall do either of the following: (1) Withhold issuance of a certificate of title until the
applicant presents documents reasonably sufficient to satisfy the department as to the applicant's
ownership of the manufactured home and that there are no undisclosed security interests on
it. (2) As a condition of issuing a certificate of title or certificate of cancellation, require
the applicant to file with the department a bond in a form prescribed by the department and
executed by the applicant, and either accompanied by the deposit of cash with the department
or also executed by a person authorized to conduct a surety business in this state. The bond
shall be in an amount equal to fifty thousand dollars ($50,000)...
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