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RSA 261:24 · Perfecting of Security Interest

Title
XXI: MOTOR VEHICLES
Chapter
261 · CERTIFICATES OF TITLE AND REGISTRATION OF VEHICLES
Status
current
Official source linked
Yes
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261:24 Perfecting of Security Interest. –

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I.

Unless excepted by RSA 261:23, a security interest in a vehicle of a type for which a certificate of title is required is not valid against creditors of the owner or subsequent transferees or lienholders of the vehicle unless perfected as provided in this chapter.

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II.

A security interest is perfected by the delivery to the department of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the lienholder and the date of his security agreement and the required fee. It is perfected as of the time of its creation if delivery is completed within 20 days thereafter, otherwise as of the time of the delivery.

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III.

If a vehicle is subject to a security interest when brought into this state, the validity of the security interest is determined by law of the jurisdiction where the vehicle was when the security interest attached, subject to the following:

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(a)

If the parties understood at the time the security interest attached that the vehicle would be kept in this state and it was brought into this state within 30 days thereafter for purposes other than transportation through this state, the validity of the security interest in this state is determined by the law of this state.

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(b)

If the security interest was perfected under the law of the jurisdiction where the vehicle was when the security interest attached, the following rules apply:

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(1)

If the name of the lienholder is shown on an existing certificate of title issued by that jurisdiction, his security interest continues perfected in this state;

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(2)

If the name of the lienholder is not shown on an existing certificate of title issued by that jurisdiction, the security interest continues perfected in this state for 4 months after a first certificate of title of the vehicle is issued in this state, and also thereafter if, within the 4-month period, it is perfected in this state. The security interest may also be perfected in this state after the expiration of the 4-month period; in that case perfection dates from the time of perfection in this state.

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(c)

If the security interest was not perfected under the law of the jurisdiction where the vehicle was when the security interest attached, it may be perfected in this state; in that case, perfection dates from the time of perfection in this state.

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(d)

A security interest may be perfected under part (2) of subparagraph (b) of this paragraph or subparagraph (c) of this paragraph either as provided in paragraph II or by the lienholder delivering to the department a notice of security interest in the form the director prescribes and the required fee. Source. RSA 269-A:21. 1967, 357:1. 1977, 196:2. 1981, 146:1, eff. Jan. 1, 1982.

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Source note

Source. RSA 269-A:21. 1967, 357:1. 1977, 196:2. 1981, 146:1, eff. Jan. 1, 1982.

Source history

  • 1967, 357:1
  • 1977, 196:2
  • 1981, 146:1, eff. Jan. 1, 1982
  • RSA 269-A:21

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