§ 2043. Duties on creation of security interest

If an owner creates a security interest in a vehicle:

(1) The owner shall immediately execute the application, in the space provided therefor on the certificate of title or on a separate form the Commissioner prescribes, to name the lienholder on the certificate, showing the name and address of the lienholder and the date of his or her security agreement, and cause the certificate, the application, and the required fee to be delivered to the lienholder.

(2) The lienholder shall immediately cause the certificate, the application, and the required fee to be mailed or delivered to the Commissioner.

(3) Upon request of the owner or subordinate lienholder, a lienholder in possession of the certificate of title shall either mail or deliver the certificate to the subordinate lienholder for delivery to the Commissioner or, upon receipt from the subordinate lienholder of the owner's application and the required fee, mail or deliver them to the Commissioner with the certificate. The delivery of the certificate does not affect the rights of the first lienholder under his or her security agreement.

(4) Upon receipt of the certificate of title, the application, and the required fee, the Commissioner shall either endorse the certificate or issue a new certificate containing the name and address of the new lienholder, and mail the certificate to the first lienholder named in it. (Added 1969, No. 297 (Adj. Sess.), § 1, eff. Sept. 1, 1971.)