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Statutes

No transfer of the title or any interest in or to a vehicle registered shall pass, and any attempted transfer shall not be effective, until the parties thereto have fulfilled either of the following requirements: The transferor has made proper endorsement and delivery of the certificate of ownership to the transferee and the transferee has delivered to the department or has placed the certificate in the United States mail addressed to the department when and with the proper transfer fee, together with the amount required to be paid under the Revenue and Taxation Code with respect to the use by the transferee of the vehicle, and thereby makes application for a transfer of registration; and the transferor has delivered to the department or has placed in the United States mail addressed to the department the appropriate documents for the registration or transfer of registration of the vehicle pursuant to the sale or transfer. (West's Ann.Cal.Vehicle Code § 5600)

No security interest in any vehicle registered under this code, irrespective of whether the registration was effected prior or subsequent to the creation of the security interest, is perfected until the secured party or his or her successor or assignee has deposited, either physically or by electronic transmission. (West's Ann.Cal.Vehicle Code § 6300) The deposit constitutes perfection of the security interest and the rights of all persons in the vehicle shall be subject to the provisions of the Uniform Commercial Code, but the vehicle subject to the security interest shall be subject to a lien for services and materials. (West's Ann.Cal.Vehicle Code § 6301)

Cases

Comments

No. Obtaining a properly endorsed Certificate of Title (in California called a Certificate of Ownership) showing the secured party as legal owner creates a perfected security interest. It is required that the Assignor and Assignee inform the California DMV of the assignment within 10 days and failure results in a fine, however, failure to obtain a new Certificate of Title does not void the perfected security interest.

Contributors

Marshall F. Goldberg

The statutory information was edited and reviewed with the support of MultiState

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