Section 6 Is the Notice of Lien Procedure Satisfied by an Application for Title?
| Library | Secured Transactions 2005 |
In the first few years after the notice of lien procedure was created, it was not entirely clear whether a vehicle lien could be perfected pursuant to an application for certificate of title without the filing of a notice of lien. The relevant statute states: “The method provided in sections 301.600 to 301.660 of perfecting and giving notice of liens or encumbrances subject to sections 301.600 to 301.660 is exclusive.” Section 301.650.2, RSMo 2000. The only statutory provision for perfecting liens was that directing use of a notice of lien. Section 301.600.2, RSMo Supp. 2004.
The question was presented for adjudication when a bankruptcy trustee, citing the plain...
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