186A.195 Submission of title lien statement -- Acceptance of electronic signature --
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/ky/186a-195A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Entry of information by county clerk -- Certificate of registration -- Pending
lien -- Fee for filing through electronic system -- Perfection of security interest.
(1)As used in this section, submission of a title lien statement refers to the presentation
of a title lien statement, along with the fees required under KRS 64.012(1)(b), to the
cabinet through any county clerk's office in the Commonwealth.
(2)A title lien statement bearing an electronic signature, as defined in KRS 369.102,
shall be accepted in accordance with KRS 369.107 and shall not require
notarization.
(3)Upon submission of a title lien statement, the county clerk shall use the information
on the form to note the security interest on the certificate of title in accordance with
KRS 186A.190(9). Title lien statements may be made available to the general
public. However, public availability of a title lien statement shall not be considered
necessary or effective to perfect a security interest in property required to be
registered or titled in accordance with this chapter.
(a)If the submission of a title lien statement accompanies the application for first
title of any property in the name of an owner, the county clerk shall enter the
information required by KRS 186A.190(9) into the system of record so as to
allow the cabinet to:
1. Use the system of record as a centralized, statewide repository for lien
filings; and
2. Produce a certificate of title bearing the information designated by KRS
186A.190(9), as well as any other information required by the cabinet.
(b)After the information has been entered, the county clerk shall produce a
certificate of registration, if required.
(a)If the form prescribed by KRS 186A.060 indicates a pending lien, but the title
lien statement does not accompany the application for title, the county clerk
shall enter into the system of record the name and address of the lienholder or
that a lien is pending. The county clerk shall indicate a title shall not be issued
until either the title lien statement and the required fees are submitted, or in
thirty
(30)days, whichever occurs first. The county clerk shall then issue the
registration.
(b)After submission of the title lien statement, the county clerk shall enter the
date of lien notation and the notation number into the system of record,
enabling the cabinet to record the lien in the system of record and produce a
title.
(6)If a certificate of title is issued after the thirty
(30)day time window identified in
subsection
(5)of this section has expired without the notation of a security interest,
or if a title has been issued because there was no provision made for a lien to be
noted within thirty
(30)days, a secured party wishing to note a security interest on a
title shall submit a title lien statement. The county clerk shall enter the information
required by KRS 186A.190(9) into the system of record and a new certificate of
title reflecting the security interest shall be produced.
(7)The fee for the filing of a title lien statement through the electronic title application
and registration system shall be transferred electronically to the county clerk of the
county in which the debtor resides.
(8)The security interest noted on the certificate of title shall be deemed perfected at the
time the security interest attaches in accordance with KRS 355.9-203 if the secured
party submits a properly completed title lien statement with application for first title
or, in the case of property previously titled in the name of the debtor, within thirty
(30)days of attachment. Otherwise, the security interest shall be deemed perfected
at the time that the title lien statement is submitted.