Section 11 Doubtful Status of Lien Not Perfected Under Certificate of Title Statute

• Library: Secured Transactions 2005

Suppose the jurisdiction in which the lien was originally perfected does not indicate the lender’s security interest on the face of a certificate of title. As a result, the essential criterion of §§ 400.9-102(10) and 400.9-311(a)(3), RSMo Supp. 2004, is not satisfied. What happens to the original perfection of the lender’s security interest in that situation?

About that question, Article 9 is silent. Section 400.9-311(a)(2) refers only to Missouri’s titling laws, not another state’s. The same result is found in all states. See U.C.C. § 9-311(a)(2) (2001). U.C.C. § 9-311(a)(1) refers to federal statutes or treaties and does not apply here. Moreover, the situation presented already makes U.C.C. § 9-311(a)(3) inapplicable. Because the remaining subsections of § 400.9-311 refer only to perfection in accordance with §...