US Laws, Codes, Statutes & Cases

Department means the Department of Motor Vehicles.

Laws 2005, LB 276, § 10

If procedure of this section followed, lienor's interest shall take priority and marshalling of assets cannot be required. Platte Valley Bank of North Bend v. Kracl, 185 Neb. 168, 174 N.W.2d 724 (1970).

Conditional sales contract shown on certificate of title is superior to artisan's lien. Allied Inv. Co. v. Shaneyfelt, 161 Neb. 840, 74 N.W.2d 723 (1956).

Attorney who paid off balance taxpayer owed on purchase of automobile and took taxpayer's equity as payment for prior legal fee was subrogated to amount of encumbrance discharged, and, as to such, attorney, whose interest in vehicle was otherwise junior to federal tax lien, was entitled to priority over the government. Gallup v. United States, 358 F.Supp. 776 (D. Neb. 1973).2. Notation of lien on certificate

A manufactured home is within the scope of this section as a class of "cabin trailer" pursuant to section 60-614. Therefore, a manufactured home is considered to be a motor vehicle for purposes of this section, and a security interest is perfected when such interest is listed on a certificate of title to the manufactured home. A fixture filing is not needed to perfect a security interest in a manufactured home. Green Tree Fin. Servicing v. Sutton, 264 Neb. 533, 650 N.W.2d 228 (2002).

Claims of a purchase money mortgage, a conditional interest established by an agreement, and other security interests not shown on the certificate of title are invalid as to subsequent purchasers under the express terms of the certificate of title act. Nelson v. Cool, 230 Neb. 859, 434 N.W.2d 32 (1989).

The practice of filing and recording chattel mortgage on motor vehicles has been eliminated and under that section security interests must be noted on the certificate of title itself. Cushman Sales & Service of Nebraska, Inc. v. Muirhead, 201 Neb. 495, 268 N.W.2d 440 (1978).

There is no legal requirement that a lien be noted on a certificate of title purportedly covering property not subject to the Certificate of Title Act, even though a certificate of title for such property has been issued. Cushman Sales & Service of Nebraska, Inc. v. Muirhead, 201 Neb. 495, 268 N.W.2d 440 (1978).

A security interest noted on the certificate of title to a vehicle is valid against creditors of the debtor whether armed with process or not. White Motor Credit Corp. v. Sapp Bros. Truck Plaza, Inc., 197 Neb. 421, 249 N.W.2d 489 (1977).

An unrecorded lien is invalid as to a subsequent purchaser or lienholder. First Nat. Bank v. Provident Finance Co., 176 Neb. 45, 125 N.W.2d 78 (1963).

Filing of conditional sales contract is not required, but notation on certificate of title is. Universal C.I.T. Credit Corp. v. Vogt, 165 Neb. 611, 86 N.W.2d 771 (1957).

Chattel mortgage was void as to creditors where notation on certificate of title was made after levy of execution. Alliance Loan & Inv. Co. v. Morgan, 154 Neb. 745, 49 N.W.2d 593 (1951).3. Miscellaneous

This section applies to dealers as well as general purchasers. Bank of Keystone v. Kayton, 155 Neb. 79, 50 N.W.2d 511 (1951).

Legislature intended to eliminate the previous practice of filing chattel mortgages on motor vehicles in the chattel mortgage records. Securities Credit Corp. v. Pindell, 153 Neb. 298, 44 N.W.2d 501 (1950).

For purpose of perfecting security interest in mobile homes manufactured by debtor and assigned to trust, debtor corporation's president could not act as agent of trust and president's possession of homes and certificates of origin was not possession of trust and did not give trust possession sufficient to perfect interest. In re North American Builders, Inc., 320 F.Supp. 1229 (D. Neb. 1970).