GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	1 

HOUSE BILL 1566

Short Title:  Temp. MV Lien Filing.	(Public)

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Sponsors: Representatives Cole; and Fox.

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Referred to:  Judiciary III.

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May 17, 2000

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR A PROCEDURE FOR CREATION OF A TEMPORARY LIEN ON A MOTOR VEHICLE WHEN A MANUFACTURER'S STATEMENT OF ORGIN OR AN EXISTING CERTIFICATE OF TITLE ON A MOTOR VEHICLE IS UNAVAILABLE.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-58 reads as rewritten:
"§ 20-58. Perfection by indication of security interest on certificate of title.
(a)	Except as provided in G.S. 20-58.8, a security interest in a vehicle of a type for which a certificate of title is required shall be perfected only as hereinafter provided.
(1)	If the vehicle is not registered in this State, the application for notation of a security interest shall be the application for certificate of title provided for in G.S. 20- 52.
	(2)	If the vehicle is registered in this State, the application for notation of a security interest shall be in the form prescribed by the Division, signed by the debtor, and contain the date of application of each security interest, and name and address of the secured party from whom information concerning the security interest may be obtained. The application must be accompanied by the existing certificate of title unless in the possession of a prior secured party. If there is an existing certificate of title issued by this or any other jurisdiction in the possession of a prior secured party, the application for notation of the security interest shall in addition contain the name and address of such prior secured party. An application for notation of a security interest may be signed by the secured party instead of the debtor when the application is accompanied by documentary evidence of the applicant's security interest in that motor vehicle signed by the debtor and by affidavit of the applicant stating the reason the debtor did not sign the application. In the event the certificate cannot be obtained for recordation of the security interest, when title remains in the name of the debtor, the Division shall cancel the certificate and issue a new certificate of title listing all the respective security interests.
	(3)	If the application for notation of security interest is made in order to continue the perfection of a security interest perfected in another jurisdiction, it may be signed by the secured party instead of the debtor. Such application shall be accompanied by documentary evidence of a perfected security interest. No such application shall be valid unless  an application for a certificate of title has been made in North Carolina. The security interest perfected herein shall  be subject to the provisions set forth in G.S. 20-58.5. 
(b)	When a manufacturer's statement of origin or an existing certificate of title on a motor vehicle is unavailable, a first lienholder or his designee may file a notarized copy of an instrument creating and evidencing a security interest in the motor vehicle with the Division of Motor Vehicles.  A filing pursuant to this subsection shall constitute constructive notice to all persons of the security interest in the motor vehicle described in the filing.  The constructive notice shall be effective from the date of the filing if the filing is made within 20 days after the date of the security agreement. The constructive notice shall date from the date of the filing with the Division if it is made more than 20 days after the date of the security agreement.  The notation of a security interest created under this subsection shall automatically expire 180 days after the date of the creation of the security interest, or upon perfection of the security interest as provided in G.S. 20-58A.  A security interest notation made under this subsection and then later perfected under subsection (a) of this section shall be presumed to have been perfected on the date of the earlier filing. The Division may charge a fee not to exceed ten dollars ($10.00) for each notation of security interest filed pursuant to this subsection."
Section 2. This act becomes effective December 1, 2000.