Basic Uniform Commercial Code
Certificate of Title
Some property like cars have titles. These goods often have separate perfection requirements, usually requiring the security interest to be listed on the title itself.
Certificate of title goods cannot be perfected by filing. UCC § 9-311. Also, just possessing the title is not enough. A creditor must get his name listed on the title.
If a business is in the business of selling certificate of title goods, any of that good sold or leased by them counts as inventory and must be perfected as such. UCC § 9-311.
Certificate of title property is governed by the law of the jurisdiction where the property is titled. This applies for both perfection and priority. UCC § 9-303.
If goods are perfected by certificate of title, they remain perfected in the other state as long as it would have remain perfected in the old state. (As long as the title lasts) UCC § 9-316(d).
- If someone purchases the collateral for value, the perfection will expire and be deemed to have never had existed as against the purchaser four months after the goods were purchased. UCC § 9-316(e).
- If someone moves to a certificate of title state from a state that filed for that type of good, he would need to file within four months to remain perfected. UCC § 9-316.