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Statutes

"If an owner creates a security interest in a vehicle, the owner must immediately name the lienholder on the certificate, showing the name and address of the lienholder and the date of his security agreement, and deliver it to the lienholder. M.G.L. c. 90D, §22.

A lienholder may assign their security interest to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but the lienholder remains liable for any obligations as lienholder to those without notice until the assignee is named as lienholder on the certificate. M.G.L. c. 90D, §23.

Once a security interest is satisfied, the lienholder must mail or deliver the certificate and release to the next lienholder or to the owner or any person who delivers to the lienholder an authorization from the owner. M.G.L. c. 90D, §24."

Cases

Comments

Any person that is without notice of the assignment, is protected in dealing with the original lienholder as the holder of the security interest and the original lienholder remains liable for any obligations as lienholder until the assignee is named as new lienholder on the certificate of title.

Contributors

Lewis J. Cohn

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

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