2022 Kentucky Revised Statutes Chapter 186A - Automated motor vehicle registration system 186A.195 Submission of title lien statement -- Entry of information by county clerk -- Certificate of registration -- Pending lien -- Fee for filing through electronic system -- Perfection of security interest. (Effective January 1, 2024).
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186A.195 Submission of title lien statement -- Entry of information by county
clerk -- Certificate of registration -- Pending lien -- Fee for filing through
electronic system -- Perfection of security interest.
(Effective January
1, 2024)
(1)
(2)
(3)
(4)
(5)
(6)
As used in this section, submission of a title lien statement refers to the
presentation of a title lien statement, along with the fees required under KRS
64.012(1)(b), to the cabinet through any county clerk's office in the
Commonwealth.
Upon submission of a title lien statement, the county clerk shall use the
information on the form to note the security interest on the certificate of title in
accordance with KRS 186A.190(9). Title lien statements may be made
available to the general public. However, public availability of a title lien
statement shall not be considered necessary or effective to perfect a security
interest in property required to be registered or titled in accordance with this
chapter.
(a) If the submission of a title lien statement accompanies the application for
first title of any property in the name of an owner, the county clerk shall
enter the information required by KRS 186A.190(9) into the system of
record so as to allow the cabinet to:
1.
Use the system of record as a centralized, statewide repository for
lien filings; and
2.
Produce a certificate of title bearing the information designated by
KRS 186A.190(9), as well as any other information required by the
cabinet.
(b) After the information has been entered, the county clerk shall produce a
certificate of registration, if required.
(a) If the form prescribed by KRS 186A.060 indicates a pending lien, but the
title lien statement does not accompany the application for title, the county
clerk shall enter into the system of record the name and address of the
lienholder or that a lien is pending. The county clerk shall indicate a title
shall not be issued until either the title lien statement and the required
fees are submitted, or in thirty (30) days, whichever occurs first. The
county clerk shall then issue the registration.
(b) After submission of the title lien statement, the county clerk shall enter the
date of lien notation and the notation number into the system of record,
enabling the cabinet to record the lien in the system of record and
produce a title.
If a certificate of title is issued after the thirty (30) day time window identified in
subsection (4) of this section has expired without the notation of a security
interest, or if a title has been issued because there was no provision made for
a lien to be noted within thirty (30) days, a secured party wishing to note a
security interest on a title shall submit a title lien statement. The county clerk
shall enter the information required by KRS 186A.190(9) into the system of
record and a new certificate of title reflecting the security interest shall be
produced.
The fee for the filing of a title lien statement through the electronic title
(7)
application and registration system shall be transferred electronically to the
county clerk of the county in which the debtor resides.
The security interest noted on the certificate of title shall be deemed perfected
at the time the security interest attaches in accordance with KRS 355.9-203 if
the secured party submits a properly completed title lien statement with
application for first title or, in the case of property previously titled in the name
of the debtor, within thirty (30) days of attachment. Otherwise, the security
interest shall be deemed perfected at the time that the title lien statement is
submitted.
Effective:January 1, 2024
History: Repealed and reenacted 2022 Ky. Acts ch. 18, sec. 6, effective January 1,
2024. -- Amended 2020 Ky. Acts ch. 119, sec. 2, effective July 15, 2020. -Amended 2017 Ky. Acts ch. 31, sec. 2, effective June 29, 2017. -- Amended
2016 Ky. Acts ch. 118, sec. 2, effective July 15, 2016. -- Amended 2000 Ky.
Acts ch. 408, sec. 181, effective July 1, 2001. -- Amended 1996 Ky. Acts ch.
297, sec. 2, effective July 15, 1996. -- Amended 1988 Ky. Acts ch. 132, sec. 4,
effective March 31, 1988. -- Amended 1986 Ky. Acts ch. 118, sec. 98, effective
July 1, 1987. -- Created 1982 Ky. Acts ch. 164, sec. 36, effective July 15, 1982.
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