KRS 186A.195: Submission of title lien statement -- Acceptance of electronic signature --

Entry of information by county clerk -- Certificate of registration -- Pending

lien -- Fee for filing through electronic system -- Perfection of security interest.

(1) As used in this section, submission of a title lien statement refers to the presentation

of a title lien statement, along with the fees required under KRS 64.012(1)(b), to the

cabinet through any county clerk's office in the Commonwealth.

(2) A title lien statement bearing an electronic signature, as defined in KRS 369.102,

shall be accepted in accordance with KRS 369.107 and shall not require

notarization.

(3) Upon submission of a title lien statement, the county clerk shall use the information

on the form to note the security interest on the certificate of title in accordance with

KRS 186A.190(9). Title lien statements may be made available to the general

public. However, public availability of a title lien statement shall not be con sidered

necessary or effective to perfect a security interest in property required to be

registered or titled in accordance with this chapter.

(4) (a) If the submission of a title lien statement accompanies the application for first

title of any property i n the name of an owner, the county clerk shall enter the

information required by KRS 186A.190(9) into the system of record so as to

allow the cabinet to:

1. Use the system of record as a centralized, statewide repository for lien

filings; and

2. Produce a certificate of title bearing the information designated by KRS

186A.190(9), as well as any other information required by the cabinet.

(b) After the information has been entered, the county clerk shall produce a

certificate of registration, if required.

(5) (a) If the form prescribed by KRS 186A.060 indicates a pending lien, but the title

lien statement does not accompany the application for title, the county clerk

shall enter into the system of record the name and address of the lienholder or

that a lien is pending. The county clerk shall indicate a title shall not be issued

until either the title lien statement and the required fees are submitted, or in

thirty (30) days, whichever occurs first. The county clerk shall then issue the

registration.

(b) After submission of the title lien statement, the county clerk shall enter the

date of lien notation and the notation number into the system of record,

enabling the cabinet to record the lien in the system of record and produce a

title.

(6) If a certificate of title is issued after the thirty (30) day time window identified in

subsection (5) of this section has expired without the notation of a security interest,

or if a title has been issued because there was no provision made for a lien to be

noted within thirty (30) days, a secured party wishing to note a security interest on a

title shall submit a title lien statement. The county clerk shall enter the information

required by KRS 186A.190(9) into the system of record and a new certificate of

title reflecting the security interest shall be produced.

(7) The fee for the filing of a title lien statement through the electronic title application

and registration system shall be transferred electronically to the county clerk of the

county in which the debtor resides.

(8) The security interest noted on the certificate of title shall be deemed perfected at the

time the security interest attaches in accordance with KRS 355.9 -203 if the secured

party submits a properly completed title lien statement with application for first title

or, in the case of property previously titled in the name of the debtor, within thirty

(30) days of attachment. Otherwise, the security interest shall be deemed perfected

at the time that the title lien statement is submitted.