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| Purchaser Must Obtain Certificate No person, except as provided in section 60-110, acquiring a motor vehicle, commercial trailer, semitrailer, or cabin trailer from owner, whether such owner is a manufacturer, importer, dealer, or otherwise, shall acquire any right, title, claim, or interest in or to such vehicle until delivery of physical possession of vehicle, and a certificate of title or a properly executed manufacturer's or importer's certificate and with assignments as may be necessary to show title in purchaser, or an instrument in writing required by section 60-1417. No court in any case at law or in equity shall recognize the right, title, claim, or interest of any person in or to any vehicle sold or disposed of, or mortgaged or encumbered, unless there is compliance with this section. See Nebraska Statutes 60-105 | ||
| Application For Certificate of Title The Department of Motor Vehicles in conjunction with the Department of Administrative Services and the counties were authorized to develop an implementation plan to provide for implementation of the vehicle titling and registration component system of the statewide county automation project. Each county issues and files certificates of title using the vehicle titling and registration computer system prescribed by the Department of Motor Vehicles. Application for a certificate of title is made upon a form prescribed by the Department of Motor Vehicles. All applications must be accompanied by the fee prescribed in section 60-115. See Nebraska Statutes 60-106 | ||
| No Recording of Documents
The provisions of article 9, Uniform Commercial Code, does not permit or require the
deposit, filing, or other record whatsoever of a security agreement, conveyance intended
to operate as a mortgage, trust receipt, conditional sales contract, or similar instrument
or any copy of the same covering a motor vehicle. See Nebraska Statutes 60-110 Dealer Inventory When a vehicle is inventory, as defined in section 9-109, Uniform Commercial Code, held for sale by a person or corporation that is licensed as provided in Chapter 60, article 14, as a dealer selling motor vehicles, the filing provisions of article 9, Uniform Commercial Code, as applied to inventory, shall apply to a security interest in such motor vehicle created by such person or corporation as debtor without the notation of lien on the instrument of title. See Nebraska Statutes 60-110 Priority A buyer at retail from a licensed dealer of any vehicle which is subject to Chapter 60, article 14, in the ordinary course of business shall take such vehicle free of any security interest. Subject to the foregoing, all liens, security agreements, and encumbrances noted upon a certificate of title shall take priority according to the order of time in which the same are noted thereon by the county clerk or the Department of Motor Vehicles. See Nebraska Statutes 60-110 Requirements The holder of a security agreement, trust receipt, conditional sales contract, or similar instrument, upon presentation of such instrument to the county clerk of the county where such certificate of title was issued or, if issued by the department, to the department together with the certificate of title and the fee prescribed by section 60-115, may have a notation of such lien made on the face of such certificate of title. See Nebraska Statutes 60-110 Notation on Certificate The county clerk or the department enters the notation and date over the signature of officer or deputy and the seal of office, and also note such lien and date on duplicate of same on file. If noted by a county clerk, he or she shall on that day notify the department which shall note the lien on its records. The county clerk or the department shall also indicate by appropriate notation and on such instrument itself the fact that such lien has been noted on the certificate of title. See Nebraska Statutes 60-110 Notation and Return To Holder of First The county clerk or the department, upon receipt of a lien instrument duly signed by the owner in the manner prescribed by law governing such lien instruments together with the fee prescribed for notation of lien, notifies first lienholder to deliver to county clerk or department, within fifteen days from date of notice, the certificate of title to permit notation of such junior lien and, after such notation of lien, county clerk or department delivers the certificate of title to first lienholder. See Nebraska Statutes 60-110 Holder Must Surrender Certificate The holder of a certificate of title who refuses to deliver a certificate of title to county clerk or department for purpose of showing a junior lien on such certificate of title within fifteen days from date when notified to do so shall be liable for damages to such junior lienholder for the amount of damages such junior lienholder suffered by reason of holder of the certificate of title refusing to permit the showing of such lien on the certificate of title. See Nebraska Statutes 60-110 Satisfaction When such lien is discharged, the holder shall, within fifteen days after payment is received, note a cancellation of the lien on the face of the certificate of title over his, her, or its signature and deliver the certificate of title to the county clerk or the department which shall note the cancellation of the lien on the face of the certificate of title and on the records of such office. If delivered to a county clerk, clerk must notify the department which notes the cancellation on its records. The county clerk or the department then returns certificate of title to owner or as otherwise directed by owner. The cancellation of lien is noted on the certificate of title without charge. See Nebraska Statutes 60-110 |
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| Possession After Default Unless otherwise agreed a secured party has on default the right to take possession of the collateral. In taking possession a secured party may proceed without judicial process if this can be done without breach of the peace or may proceed by action. If the security agreement so provides the secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties. Without removal a secured party may render equipment unusable, and may dispose of collateral on the debtor's premises under section 9-504. See Nebraska Statutes U9-503 | ||
| Right To Redeem At any time before the secured party has disposed of collateral or entered into a contract for its disposition under section 9-504 or before the obligation has been discharged under section 9-505(2) the debtor or any other secured party may unless otherwise agreed in writing after default redeem the collateral by tendering fulfillment of all obligations secured by the collateral as well as the expenses reasonably incurred by the secured party in retaking, holding and preparing the collateral for disposition, in arranging for the sale, and to the extent provided in the agreement and not prohibited by law, his reasonable attorneys' fees and legal expenses. See Nebraska Statutes U9-506 | ||
| Compulsory Sale If debtor has paid sixty percent of the cash price in case of a purchase money security interest in consumer goods, or sixty percent of the loan in the case of another security interest in consumer goods, and has not signed after default, a statement renouncing or modifying rights, secured party who has taken possession of collateral must dispose of it under section 9-504. If secured party fails to do so within ninety days after taking possession, debtor may recover in conversion or under section 9-507 on secured party's liability. See Nebraska Statutes U9-505 | ||
| Acceptance As Satisfaction In any other case involving consumer goods or any other collateral a secured party in possession may, after default, propose to retain the collateral in satisfaction of the obligation. Written notice of such proposal shall be sent to the debtor if he has not signed after default a statement renouncing or modifying his rights under this subsection. In case of consumer goods no other notice need be given. In other cases notice must be sent to any other secured party from whom secured party has received, before sending notice to debtor or before renunciation of rights, written notice of a claim of an interest in the collateral. If secured party receives objection in writing from a person entitled to receive notice within twenty-one days after notice sent, secured party must dispose of the collateral under section 9-504. In the absence of such written objection, secured party may retain the collateral in satisfaction of the obligation. See Nebraska Statutes U9-505 | ||
| Sale and Application of Proceeds A secured party after default may sell, lease, or otherwise dispose of any or all of the collateral in its then condition or following any commercially reasonable preparation or processing. Any sale of goods is subject to the Article on Sales (Article 2). The proceeds of disposition are applied in the order following to reasonable expenses of retaking, holding, preparing for sale or lease, selling, leasing, and the like and, to extent provided for in agreement, reasonable attorney's fees and legal expenses. Proceeds next apply to satisfaction of debt secured by the security interest under which sale is made. See Nebraska Statutes U9-504 | ||
| Subordinate Liens If Proceeds remain, they would next apply to satisfaction of debt secured by any subordinate security interest in collateral if written notice of demand is received before distribution of proceeds is completed. If requested by secured party, holder of a subordinate security interest must seasonably furnish reasonable proof of interest, and unless he does so, secured party need not comply with demand. See Nebraska Statutes U9-504 | ||
| Accounting and Deficiency If the security interest secures debt, secured party must account to debtor for any surplus, and unless otherwise agreed, debtor is liable for any deficiency. See Nebraska Statutes U9-504 | ||
| Public or Private Sale After Notice Disposition of the collateral may be by public or private proceedings, and may be at any time and place and on any terms, but every aspect of disposition, including method, manner, time, place, and terms, must be commercially reasonable. Unless collateral is perishable, reasonable notice of any public or private sale is to be provided by secured party to debtor, in the manner set forth herein, if debtor has not signed after default, a statement renouncing or modifying right to notice of sale. In case of consumer goods no other notification need be sent. In other cases notification shall be sent to any other secured party from whom secured party has received, before sending notice to debtor, or before renunciation of rights, written notice of claim of interest in the collateral.See Nebraska Statutes U9-504 | ||
| Form of Notice Required The notification required in this section must be sent to debtor by secured party and need only contain notice of time and place of any public sale, or time after which any private sale or other intended disposition is to be made, and a statement to the effect that debtor may be liable for any deficiency existing after sale or disposition of collateral. It is not necessary for the notice to refer to any guarantee agreement, to identify or designate the capacity in which a debtor is being sent such notice, or to identify or designate the capacity in which debtor may be liable for any deficiency existing after sale or disposition of collateral. See Nebraska Statutes U9-504 | ||
| For purposes of this section, debtor shall include a guarantor unless no security for the indebtedness was taken or contemplated at the time the guarantee of payment was made. See Nebraska Statutes U9-504. But also see U9-504.2001 | ||
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| Transfer By Operation of Law In the event of transfer of ownership of a motor vehicle by operation of law as upon inheritance, devise, order in bankruptcy, insolvency, replevin, or execution sale, or whenever a motor vehicle is sold to satisfy storage or repair charges, or whenever repossession is had upon default in performance of the terms of a chattel mortgage, trust receipt, conditional sales contract, or other like agreement, the county clerk of the county in which the last certificate of title to such motor vehicle was issued, or the Department of Motor Vehicles, if the last certificate of title was issued by the department, upon the surrender of the prior certificate of title or the manufacturer's or importer's certificate, or when that is not possible, upon presentation of satisfactory proof of ownership and right of possession to such motor vehicle, and upon payment of the fee prescribed in section 60-115 and the presentation of an application for certificate of title, may issue to the applicant a certificate of title thereto. See Nebraska Statutes 60-111 | ||
| Affidavit of Party Receiving Possession Only an affidavit by the person or agent of the person to whom possession of such motor vehicle has so passed, setting forth facts entitling him or her to such possession and ownership, together with a copy of the journal entry, court order, or instrument upon which such claim of possession and ownership is founded shall be considered satisfactory proof of ownership and right of possession, except that if the applicant cannot produce such proof of ownership, he or she may submit to the department such evidence as he or she may have, and the department may thereupon, if it finds the evidence sufficient, issue the certificate of title or authorize the county clerk to issue a certificate of title. See Nebraska Statutes 60-111 | ||
| Liens or Evidence of Satisfaction or Extinction If from the records in the office of the county clerk or the department there appear to be any liens on the motor vehicle, such certificate of title must contain a statement of such liens, unless the application is accompanied by proper evidence of their satisfaction or extinction. See Nebraska Statutes 60-111 | ||
| Proper County Clerk If the county in which the last certificate of title to such motor vehicle was issued cannot be determined, the application for title shall be processed by the county clerk of county where the court entering the journal entry or order is located, or county where the instrument was executed upon which such claim of possession and ownership is founded, as case may be. See Nebraska Statutes 60-111 | ||
| (2) If a county board consolidates services under the office of a designated county official other than the county clerk pursuant to section 23-186: (a) The designated county official may issue to the applicant a certificate of title upon surrender of the prior certificate of title or a manufacturer's certificate or, when that is not possible, upon presentation of satisfactory proof of ownership and right of possession; (b) The department, if it finds the evidence of ownership sufficient, may authorize the designated county official to issue the certificate of title; and (c) If the application is to be processed in the county where the court is located or the instrument was executed, the designated county official shall process the application.See Nebraska Statutes 60-111 | ||
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