Bill Text: WV SB403 | 2015 | Regular Session | Enrolled
Bill Title: Increasing period during which recorded and refiled motor vehicle liens are valid
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-04-15 - Chapter 166, Acts, Regular Session, 2015 [SB403 Detail]
Download: West_Virginia-2015-SB403-Enrolled.html
ENROLLED
Senate Bill No. 403
(By Senators Walters and Nohe)
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[Passed March 12, 2015; in effect ninety days from passage.]
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AN ACT to amend and reenact §17A-4A-15 of the Code of West Virginia, 1931, as amended, relating to liens on vehicles; expanding period of time during which a recorded lien on a vehicle is valid; expanding period of time during which a refiled lien on a vehicle is valid; and clarifying that the lienholder may refile a lien or encumbrance without obtaining the owner's consent.
Be it enacted by the Legislature of West Virginia:
That §17A-4A-15 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 4A. LIENS AND ENCUMBRANCES ON VEHICLES TO BE SHOWN ON CERTIFICATE OF TITLE; NOTICE TO CREDITORS AND PURCHASERS.
§17A-4A-15. Expiration of lien or encumbrance; refiling.
The filing of any lien or encumbrance and its recordation upon the face of a certificate of title to any vehicle as provided in this article is valid for fifteen years only from the date of filing, unless the lienholder refiles the lien or encumbrance in the manner provided in this article for filing and recordation in the first instance, in which event the lien or encumbrance is valid for successive additional periods of five years from the date of each refiling: Provided, That this article does not require the lienholder to obtain the consent of the owner to refile the lien or encumbrance: Provided, however, That in the case of a mobile home or manufactured home, the filing of any lien or encumbrance and its recordation upon the face of a certificate of title to the mobile home or manufactured home is valid for a period of thirty-three years from the date of filing.
When the last lien or encumbrance shown on a certificate of title becomes invalid by the passage of time as provided in this section, the Commissioner of Motor Vehicles is not required to maintain a lien index as to the certificate of title.
