39-05-09. Issuance, contents, delivery, and term of certificate.

361 words·~2 min read·/nd/title-39/chapter-39-05/39-05-09

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. After checking the application for a certificate as provided in section 39-05-08 and

except as provided in subsection 4, the department, if it is satisfied that the applicant is

the person entitled to the possession of the vehicle, shall issue a certificate of title in

paper or electronic form, which must contain:

a. The name of the owner.

b. The vehicle identification number.

c. The signature of the director.

d. The date issued.

e. A description of the vehicle as determined by the department.

f. A statement of the owner's title and of all liens or encumbrances upon the vehicle

therein described and whether possession is held by the owner or lienholder.

2. Forms must be made available on the reverse side of the paper version or

electronically for the assignment of title or interest and warranty thereof by the owner

with a space for the notation of liens and encumbrances upon such vehicle at the time

of a transfer.

3. The amount of any lien or encumbrance upon the vehicle need not be shown

anywhere on the certificate of title, only the fact of such lien or encumbrance, and the

identity of the lienholder or encumbrancer. The department shall deliver the certificate

of title to the owner or first lienholder. The certificate is good for the life of the vehicle

as long as the vehicle is owned or held by the original holder of the certificate.

4. The department may not issue a certificate of title for a manufactured home with

respect to which there has been recorded an affidavit of affixation under section

47-10-27.

5. The holder of a manufacturer's certificate of origin to a manufactured home may

deliver it to a person to facilitate conveying or encumbering the manufactured home. A

person receiving a manufacturer's certificate of origin so delivered holds the certificate

in trust for the person delivering the certificate.

6. Notwithstanding any other provision of law, a certificate of title issued by the

department for a manufactured home is prima facie evidence of the facts appearing on

the certificate, notwithstanding that the manufactured home, at any time, becomes

affixed in any manner to real property.