35-01-05.1. When security interest in vehicle valid.
383 words·~2 min read·
/nd/title-35/chapter-35-01-general-provisions/35-01-05-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. No security interest, including a security interest under chapter 41-09, in a vehicle,
including a manufactured home, which is not inventory held for sale is valid as against
subsequent purchasers and encumbrances of the property in good faith and for value
unless the security interest is clearly indicated upon the certificate of title to the vehicle
or unless such certificate of title is in the possession of the secured party, provided,
however, that a purchase money security interest under chapter 41-09 in a
manufactured home is perfected against the rights of judicial lien creditors and
execution creditors on and after the date the purchase money security interest
attaches, and provided further the holder of a security interest in or a lien on a
manufactured home may deliver lien release documents to a person to facilitate
conveying or encumbering the manufactured home. A person receiving documents so
delivered holds the documents in trust for the security interest holder or the lienholder.
2. Except as otherwise provided in section 47-10-27 and in subsections 1 and 2 of
section 39-05-35, after a certificate of title has been issued for a manufactured home
and as long as the manufactured home is subject to a security interest perfected under
this section, the department may not file an affidavit of affixation, cancel the
manufacturer's certificate of origin, or revoke the certificate of title, and the validity and
priority of a security interest perfected under this section continues, notwithstanding
any other provision of law.
3. The term "manufactured home" as used in subsections 1 and 2 is a manufactured
home as defined in section 41-09-02, excluding a manufactured home with respect to
which the requirements of subsections 1 through 3 of section 39-05-35, as applicable,
have been satisfied.
4. The term "vehicle" as used in this section includes any vehicle for which a certificate of
title is required under title 39 or other statutes of this state.
5. With respect to a manufactured home that is or will be permanently affixed to real
property, upon recordation of an affidavit of affixation under section 47-10-27 and
satisfaction of the requirements of subsections 1 through 3 of section 39-05-35, as
applicable, a perfection or termination of a security interest with respect to the
permanently affixed property is governed by chapter 47-10.