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SENATE FLOOR VERSION
March 3, 2025
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 527 By: Reinhardt
An Act relating to certificates of title; amending 47
O.S. 2021, Section 1110, as last amended by Section
70, Chapter 452, O.S.L. 2024 (47 O.S. Supp. 2024,
Section 1110), which relates to perfection of
security interest; modifying certain time limit;
modifying provisions related to mailing of certain
release; updating statutory language; repealing 47
O.S. 2021, Section 1110, as last amended by Section
1, Chapter 323, O.S.L. 2024 (47 O.S. Supp. 2024,
Section 1110), which relates to perfection of
security interest; providing an effective date; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 1110, as
last amended by Section 70, Chapter 452, O.S.L. 2024 (47 O.S. Supp.
2024, Section 1110), is amended to read as follows:
Section 1110. A. 1. Except for a security interest in
vehicles held by a dealer for sal e or lease, a vehicle registered by
a federally recognized Indian tribe as provided in subsection G of
this section, and a vehicle being registered in this state wh ich was
previously registered in another state and which title contains the
name of a secured party on the face of the other state certificate
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or title, and except as otherwise provided in subsection B of
Section 1105 of this title, a security interest in a vehicle as to
which a certificate of title may be properly issued by Service
Oklahoma shall be perfected only when a lien entry form, and the
existing certificate of title, if any, or application for a
certificate of title and manufacturer ’s certificate of origin
containing the name and address of the secured party and the date of
the security agreement and the required fee are delivered to Service
Oklahoma or to a licensed operator. As used in this section, the
term “dealer” shall be defined as provided in Section 1 -112 of this
title and the term “security interest” shall be defined as provide d
in paragraph (35) of Section 1 -201 of Title 12A of the Oklahoma
Statutes. When a vehicle title is presented to a licensed operator
for transferring or registerin g and the documents reflect a
lienholder, the licensed operator shall perfect the lien pursu ant to
subsection G of Section 1105 of this title. For the purposes of
this section, the term “vehicle” shall not include special mobilized
machinery, machinery used in highway construction or road material
construction and rubber -tired road construction vehicles including
rubber-tired cranes. The filing and duration of perfection of a
security interest, pursuant to the provisions of Title 12A of the
Oklahoma Statutes, including, but not limited to, Section 1 -9-311 of
Title 12A of the Oklahoma Statutes, s hall not be applicable to
perfection of security interests in vehicles as to which a
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certificate of title may be properly issued by Service Oklahoma,
except as to vehicles held by a dealer for sale or lease and except
as provided in subsection D of this se ction. In all other respects
Title 12A of the Oklahoma Statutes shall be applicable to such
security interests in vehicles as to which a certificate of title
may be properly issued by Service Oklahoma.
2. Whenever a person creates a security interest in a vehicle,
the person shall surrender to the secured party the certificate of
title or the signed application for a new certificate of title, on
the form prescribed by Service Oklahoma, and the manufacturer ’s
certificate of origin. The secured party shall deliver the lien
entry form and the required lien filing fee within twenty-five (25)
sixty (60) days as provided hereafter with certificate of title or
the application for certificate of title and the manufacturer ’s
certificate of origin to Service Oklaho ma or to a licensed operator.
If the lien entry form, the lien filing fee and the certificate of
title or application for certificate of title and the manufacturer ’s
certificate of origin are delivered to Service Oklahoma or to a
licensed operator within twenty-five (25) sixty (60) days after the
date of the lien entry form, perfection of the security interest
shall begin from the date of the execution of the lien e ntry form,
but otherwise, perfection of the security interest shall begin from
the date of the delivery to Service Oklahoma or to a licensed
operator.
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3. a. For each security interest recorded on a certificate
of title, or manufacturer’s certificate of origin,
such person shall pay a fee of Ten Dollars ($10.00),
which shall be in addition to othe r fees provided for
in the Oklahoma Vehicle License and Registration Act.
Upon the receipt of the lien entry form and the
required fees with either the certificate of title or
an application for certificate of title and
manufacturer’s certificate of origi n, a licensed
operator shall, by placement of a clearly
distinguishing mark, record the date and number shown
in a conspicuous place , on each of these instruments.
Of the ten-dollar fee, the licensed operator shall
retain Two Dollars ($2.00) for recording the security
interest lien.
b. It shall be unlawful for any person to solicit,
accept, or receive any gratuity or compensation for
acting as a messenger and for ac ting as the agent or
representative of another person in applying for the
recording of a security interest or for the
registration of a motor vehicle and obtaining the
license plates or for the issuance of a certificate of
title therefor unless Service Oklahoma has appointed
and approved the person to perform such acts; and
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before acting as a mes senger, any such person shall
furnish to Service Oklahoma a surety bond in such
amount as Service Oklahoma shall determine
appropriate.
4. The certificate of title or the application for certificate
of title and manufacturer ’s certificate of origin with t he record of
the date of receipt clearly marked thereon shall be returned to the
debtor together with a notice that the debtor is required to
register and pay all additional fees and taxes due within thirty
(30) days from the date of purchase of the vehicl e.
5. Any person creating a security interest in a vehicle that
has been previously registered in the debtor ’s name and on which all
taxes due the state have been paid shall surrender the certificate
of ownership to the secured party. The secured party s hall have the
duty to record the security interest as provided in this section and
shall, at the same time, obtain a new certificate of title which
shall show the secured interest on the face of the certificate of
title.
6. The lien entry form with the da te and assigned number
thereof clearly marked thereon shall be returned to the secured
party. If the lien entry form is received and authenticated, as
herein provided, by a licensed operator, the licensed operator shall
make a report thereof to Service Ok lahoma upon the forms and in the
manner as may be prescribed by Service Oklahoma.
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7. Service Oklahoma shall have the duty to record the lien upon
the face of the certificate of title issued at the time of
registering and paying all fees and taxes due on t he vehicle.
8. When there is an active lien from a commercial lender in
place on a vehicle, licensed operators shall be prohibited from
transferring the certificat e of title on that vehicle until the lien
is satisfied, except when the title is transferred :
a. to a person whose name is included on the loan for
which the lien is placed pursuant to an agreement by
the lender and any party to the title ,
b. to a trust created by a person whose name is included
on the loan for which the lien is placed, or
c. from a person who has died, upon the submission of a
death certificate.
The provisions of this paragraph shall not be construed to release
any lien or debt based solel y upon a transfer of certificate of
title.
B. 1. A secured party shall, within seven (7) b usiness days
after the satisfaction of the security interest, furnish directly or
by mail a release of a security interest to Service Oklahoma and
mail a copy thereof to the last -known address of the debtor. If the
security interest has been satisfied by payment from a licensed used
motor vehicle dealer to whom the motor vehicle has been transferred,
the secured party shall also, within seven (7) business days after
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such satisfaction receipt of a written request from such licensed
used motor vehicle dealer , mail an additional copy of the release to
the dealer. If the secured party fails to furnish the release as
required, the secured party shall be liable to the debtor for a
penalty of One Hundred Dollars ($100.00). Following the seven (7)
business days after satisfaction of the lien and upon receipt by the
lienholder of written communication demanding the release of the
lien, thereafter the penalty shall increase t o One Hundred Dollars
($100.00) per day for each additional day beyond seven (7) business
days until accumulating to One Thousand Five Hundred Dollars
($1,500.00) or the value of the vehicle, whichever is less, and, in
addition, any loss caused to the debtor by such failure.
2. Upon release of a security interest the owner may obtain a
new certificate of title omitting reference to the security
interest, by submitting to Service Oklahoma or to a licensed
operator:
a. a release signed by the secured party, an application
for new certificate of title , and the proper fees, or
b. by submitting to Ser vice Oklahoma or the licensed
operator an affidavit, supported by such documentation
as Service Oklahoma may require, by the owner on a
form prescribed by Service Oklahoma stating that the
security interest has been satisfied and stating the
reasons why a release cannot be obtained, an
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application for a new certificate of title and the
proper fees.
Upon receiving such affidavit that the security interest has been
satisfied, Service Oklahoma shall issue a new certificate of title
eliminating the satisfied se curity interest and the name and address
of the secured parties who have been paid and satisfied. Service
Oklahoma shall accept a release of a security interest in any form
that identifies the debtor, the secured party, and the vehicle, and
contains the signature of the secured party. Service Oklahoma shall
not require any particular form for the release of a security
interest.
The words “security interest” when used in the Oklahoma Vehicle
License and Registration Act do not include liens dependent upon
possession.
C. Service Oklahoma shall file and index certificates of title
so that at all times it will be possible to trace a certificate of
title to the vehicle designated therein, identify the lien entry
form, and the names and addresses of secured par ties, or their
assignees, so that all or any part of such information may be made
readily available to those who make legitimate inquiry of Service
Oklahoma as to the existence or nonexistence of security interest in
the vehicle.
D. 1. Any security inter est in a vehicle properly perfected
prior to July 1, 1979, may be continued as to its effectiveness or
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duration as provided by Sections 1 -9-510 and 1-9-515 of Title 12A of
the Oklahoma Statutes, or may be terminated, assigned , or released
as provided by Sections 1-9-512, 1-9-513, and 1-9-514 of Title 12A
of the Oklahoma Statutes, as fully as if this section had not been
enacted, or, at the option of the secured party , may also be
perfected under this section, and, if so perfected, the time of
perfection under this section shall be the date the security
interest was originally perfected under the prior law.
2. Upon request of the secured party, the debtor or any other
holder of the certificate of title shall surrender the certificate
of title to the secured party and shall do such other acts as may be
required to perfect the security interest under this section.
E. If a manufactured home is permanently affixed to real
estate, an Oklahoma certificate of title may be surrendered to
Service Oklahoma or a licens ed operator for cancellation. When the
document of title is surrendered, the owner shall provide the legal
description or the appropriate tract or parcel number of the real
estate and other information as may be required on a form provided
by Service Oklahoma. Service Oklahoma may not cancel a document of
title if a lien has been registered or recorded. Service Oklahoma
or the licensed operator shall notify the ow ner and any lienholder
that the title has been surrendered to Service Oklahoma and that
Service Oklahoma may not cancel the title until the lien is
released. Such notification shall include a description of the lien
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and such notification to the owner shall be accompanied by the
return of title surrendered. Permanent attachment to real estate
does not affect the validity of a lien recorded or registered with
Service Oklahoma before the document of title is canceled pursuant
to this section. The rights of a prior lienholder pursuant to a
security agreement or the provisions of a credit transactio n and the
rights of the state pursuant to a tax lien are preserved. Service
Oklahoma or the licensed operator shall forward the information to
the county assessor of the county where the real estate is located
and indicate whether the original document of title has been
canceled. A fee of Five Dollars ($5.00) shall accompany the
application for cancellation of title. When the fee is paid by a
person making an appl ication directly with Service Oklahoma, the fee
shall be deposited in the Oklahoma Tax Commi ssion Revolving Fund.
Beginning January 1, 2023, the fee shall be deposited in the Service
Oklahoma Revolving Fund. A fee paid to a licensed operator shall be
retained by the licensed operator. The owner of a manufactured home
upon which the document of title has been properly surrendered may
apply to Service Oklahoma for issuance of a new original certificate
of title upon submission of:
1. An attestation from t he homeowner indicating ownership of
the manufactured home and the nonexistence of any secur ity interest
or lien of record in the manufactured home; and
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2. A title opinion by a licensed attorney, determining that the
owner of the manufactured home has marketable title to the real
property upon which the manufactured home is located and that no
documents filed of record in the county clerk ’s office concerning
the real property contain a mortgage, recorded financial statement,
judgment, or lien of record. P ersons or entities to whom the title
opinion is addressed may rely on the title opinion . A security
interest in a manufactured home perfected pursuant to this section
shall have priority over a conflicting interest of a mortgagee or
other lien encumbrancer, or the owner of the real property upon
which the manufactured home became affixed or othe rwise permanently
attached. The holder of the security interest in the manufactured
home, upon default, may remove the manufactured home from such real
property. The holder of the security interest in the manufactured
home shall reimburse the owner of th e real property who is not the
debtor and who has not otherwise agreed to access the real property
for the cost of repair of any physical injury to the real property,
but shall not be liable for any diminution in value to the real
property caused by the re moval of the manufactured home, trespass,
or any other damages caused by the removal. The debtor shall notify
the holder of the security interest in the manufactur ed home of the
street address, if any, and the legal description of the real
property upon which the manufactured home is affixed or otherwise
permanently attached and shall sign such other documents, including
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any appropriate mortgage, as may reasonably be requested by the
holder of such security interest.
F. In the case of motor vehicles or tr ailers, notwithstanding
any other provision of law, a transaction does not create a sale or
security interest merely because it provides that the rental price
is permitted or required to be adjusted under the agreement either
upward or downward by referenc e to the amount realized upon sale or
other disposition of the motor vehicle or trailer.
G. A security interest in vehicles registered by a federally
recognized Indian tribe shall be deemed valid under Oklahoma law if
validly perfected under the applicabl e tribal law and the lien is
noted on the face of the tribal certificate of title.
SECTION 2. REPEALER 47 O.S. 2021, Section 1110, as last
amended by Section 1, Chapter 323, O.S.L. 2024 (47 O.S. Supp. 2024,
Section 1110), is hereby repealed.
SECTION 3. This act shall become effective July 1, 2025.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason w hereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON AERONAUTICS AND TRANSPORTATION
March 3, 2025 - DO PASS AS AMENDED BY CS