Bill Text: WV SB403 | 2015 | Regular Session | Introduced
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-Introduced.html
Senate Bill No. 403
(By Senators Walters and Nohe)
____________
[Introduced February 3, 2015; referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.]
____________
A BILL 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 shall be is valid for a period of ten fifteen years only from the date of filing, unless the lienholder refiles the lien or encumbrance is refiled in the manner provided in this article for filing and recordation in the first instance, in which event the lien or encumbrance shall be is valid for successive additional periods of two 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 shall be 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 shall not be is not required to maintain a lien index as to the certificate of title.
NOTE: The purpose of this bill is to increase from ten years to fifteen years the time period during which a lien noted on the face of the certificate of title to a motor vehicle is valid. The bill increases from two years to five years the time period during which a refiled lien on a motor vehicle is valid.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
