TITLE 49

MOTOR VEHICLES

CHAPTER 5

VEHICLE TITLES

49-510.  Liens and encumbrances — Filing — Fee — Notation on certificate — Constructive notice. (1) No lien or encumbrance on any vehicle registered under the laws of this state created subsequent to December 31, 1986, irrespective of whether such registration was effected prior or subsequent to the creation of the lien or encumbrance, shall be perfected as against creditors or subsequent purchasers or encumbrancers without notice until the holder of the lien or encumbrance, or his successor, agent or assignee, has complied with the requirements of section 49-504, Idaho Code, and has filed the properly completed title application and all required supporting documents with the department or an agent of the department.

(2)  When the holder of a lien or encumbrance, his successor, agent or assignee, has filed with the department or agent of the department a properly completed title application and supporting documents as required by section 49-504, Idaho Code, it shall be the duty of the department or agent of the department to file the same, endorsing on the title application the date of receipt. A lien is perfected as of the date of the filing of a properly completed application with the department or an agent of the department.

(3)  When the department is satisfied as to the genuineness and regularity of the documents submitted, it shall issue a new certificate of title or create a paperless electronic record of the title and lien filing when substantiated by a written agreement as provided in section 49-505, Idaho Code. The title shall contain the name of the owner of the vehicle, the name and address of each holder of a lien or encumbrance, and a statement of all liens or encumbrances which have been filed with the department, together with the date of each lien or encumbrance and the date received by the department or agent of the department. The filing of a lien or encumbrance and the notation of it shall be a condition of perfection and shall constitute constructive notice of the lien or encumbrance and its contents to creditors and subsequent purchasers and encumbrancers. All liens or encumbrances so filed with the department shall be perfected and take priority according to the order in which the same are noted upon the certificate of title or entered into the electronic records of the department.

History:

[49-510, added 1988, ch. 265, sec. 125, p. 647; am. 1991, ch. 143, sec. 3, p. 341; am. 1992, ch. 143, sec. 1, p. 437; am. 1993, ch. 283, sec. 1, p. 957; am. 1993, ch. 298, sec. 2, p. 1098; am. 1996, ch. 364, sec. 1, p. 1221; am. 1998, ch. 392, sec. 18, p. 1223; am. 2001, ch. 73, sec. 15, p. 167; am. 2007, ch. 66, sec. 2, p. 169.]