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Code · Michigan · Chapter 324 — Natural Resources and Environmental Protection

324.81108 Application for ORV certificate of title; form; contents; security agreement; perfection of security interest; priority.

411 words·~2 min read·/mi/chapter-324/324-81108

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324.81108 Application for ORV certificate of title; form; contents; security agreement; perfection of security interest; priority.
Sec. 81108.
(1)An application for an ORV certificate of title shall be on a form prescribed by the department of state. The application shall include a certification. The owner or purchaser shall sign the application or, if the application is filed electronically, provide information requested by the department of state to verify the owner's identity. The application shall contain, in addition to other information required by the department of state, the following information:
(a)The applicant's name and address.
(b)A statement of any security interest or other liens on the ORV, along with the name and address of any lienholder.
(c)If a lien is not outstanding, a statement of that fact.
(d)A description of the ORV, including the year, make, model or series, and vehicle identification number.
(2)An application for an ORV certificate of title that indicates the existence of a security interest in the ORV shall, if requested by the security interest holder, be accompanied by a copy of the security agreement, which may be unsigned. The department of state shall indicate on the copy the date and place of filing and shall return the copy to the person who filed the application. The filer shall forward the copy to the security interest holder identified in the application.
(3)Receipt by the secretary of state of a properly tendered application for an ORV certificate of title that indicates the existence of a security interest in the ORV is a condition of perfection of a security interest in the ORV, unless, under section 81109(5), the department of state does not issue certificates of title for ORVs subject to a security interest, and is equivalent to filing a financing statement under the uniform commercial code, 1962 PA 174, MCL 440.1101 to 440.9994, with respect to the ORV. When a security interest in an ORV is perfected, it has priority over the rights of a lien creditor as lien creditor is defined in section 9102 of the uniform commercial code, 1962 PA 174, MCL 440.9102.
History: Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 2005, Act 39 , Imd. Eff. June 7, 2005 ;-- Am. 2012, Act 28 , Imd. Eff. Feb. 23, 2012 ;-- Am. 2018, Act 519 , Eff. Mar. 29, 2019
Popular Name: Act 451
Popular Name: NREPA
Popular Name: Off-Road Vehicle Act
Popular Name: ORV
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