{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-1110v1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-1110v1","heading":"Perfection of security interest - Release - Filing and","body":"indexing - Effectiveness, duration, assignment or termination -\n\nPriority in manufactured home.\n\nA. 1. Except for a security interest in vehicles held by a\n\ndealer for sale or lease, a vehicle registered by a federally\n\nrecognized Indian tribe as provided in subsection G of this section,\n\nand a vehicle being registered in this state which was previously\n\nregistered in another state and which title contains the name of a\n\nsecured party on the face of the other state certificate or title,\n\nand except as otherwise provided in subsection B of Section 1105 of\n\nthis title, a security interest in a vehicle as to which a\n\ncertificate of title may be properly issued by the Oklahoma Tax\n\nCommission shall be perfected only when a lien entry form, and the\n\nexisting certificate of title, if any, or application for a\n\ncertificate of title and manufacturer's certificate of origin\n\ncontaining the name and address of the secured party and the date of\n\nthe security agreement and the required fee are delivered to the Tax\n\nCommission or to a motor license agent. As used in this section,\n\nthe term \"dealer\" shall be defined as provided in Section 1-112 of\n\nthis title and the term \"security interest\" shall be defined as\n\nprovided in paragraph (35) of Section 1-201 of Title 12A of the\n\nOklahoma Statutes. When a vehicle title is presented to a motor\n\nlicense agent for transferring or registering and the documents\n\nreflect a lienholder, the motor license agent shall perfect the lien\n\npursuant to subsection G of Section 1105 of this title. For the\n\npurposes of this section, the term \"vehicle\" shall not include\n\nspecial mobilized machinery, machinery used in highway construction\n\nor road material construction, and rubber-tired road construction\n\nvehicles including rubber-tired cranes. The filing and duration of\n\nperfection of a security interest, pursuant to the provisions of\n\nTitle 12A of the Oklahoma Statutes including, but not limited to,\n\nSection 1-9-311 of Title 12A of the Oklahoma Statutes, shall not be\n\napplicable to perfection of security interests in vehicles as to\n\nwhich a certificate of title may be properly issued by the Tax\n\nCommission, except as to vehicles held by a dealer for sale or lease\n\nand except as provided in subsection D of this section. In all\n\nother respects Title 12A of the Oklahoma Statutes shall be\n\napplicable to such security interests in vehicles as to which a\n\ncertificate of title may be properly issued by the Tax Commission.\n\n2. Whenever a person creates a security interest in a vehicle,\n\nthe person shall surrender to the secured party the certificate of\n\ntitle or the signed application for a new certificate of title, on\n\nthe form prescribed by the Tax Commission, and the manufacturer's\n\ncertificate of origin. The secured party shall deliver the lien\n\nentry form and the required lien filing fee within twenty-five (25)\n\ndays as provided hereafter with certificate of title or the\n\napplication for certificate of title and the manufacturer's\n\ncertificate of origin to the Tax Commission or to a motor license\n\nagent. If the lien entry form, the lien filing fee and the\n\ncertificate of title or application for certificate of title and the\n\nmanufacturer's certificate of origin are delivered to the Tax\n\nCommission or to a motor license agent within twenty-five (25) days\n\nafter the date of the lien entry form, perfection of the security\n\ninterest shall begin from the date of the execution of the lien\n\nentry form, but otherwise, perfection of the security interest shall\n\nbegin from the date of the delivery to the Tax Commission or to a\n\nmotor license agent.\n\n3. a. For each security interest recorded on a certificate\n\nof title, or manufacturer's certificate of origin,\n\nsuch person shall pay a fee of Ten Dollars ($10.00),\n\nwhich shall be in addition to other fees provided for\nxecution of the lien\n\nentry form, but otherwise, perfection of the security interest shall\n\nbegin from the date of the delivery to the Tax Commission or to a\n\nmotor license agent.\n\n3. a. For each security interest recorded on a certificate\n\nof title, or manufacturer's certificate of origin,\n\nsuch person shall pay a fee of Ten Dollars ($10.00),\n\nwhich shall be in addition to other fees provided for\n\nin the Oklahoma Vehicle License and Registration Act.\n\nUpon the receipt of the lien entry form and the\n\nrequired fees with either the certificate of title or\n\nan application for certificate of title and\n\nmanufacturer's certificate of origin, a motor license\n\nagent shall, by placement of a clearly distinguishing\n\nmark, record the date and number shown in a\n\nconspicuous place, on each of these instruments. Of\n\nthe ten-dollar fee, the motor license agent shall\n\nretain Two Dollars ($2.00) for recording the security\n\ninterest lien.\n\nb. It shall be unlawful for any person to solicit,\n\naccept, or receive any gratuity or compensation for\n\nacting as a messenger and for acting as the agent or\n\nrepresentative of another person in applying for the\n\nrecording of a security interest or for the\n\nregistration of a motor vehicle and obtaining the\n\nlicense plates or for the issuance of a certificate of\n\ntitle therefor unless the Tax Commission has appointed\n\nand approved the person to perform such acts; and\n\nbefore acting as a messenger, any such person shall\n\nfurnish to the Tax Commission a surety bond in such\n\namount as the Tax Commission shall determine\n\nappropriate.\n\n4. The certificate of title or the application for certificate\n\nof title and manufacturer's certificate of origin with the record of\n\nthe date of receipt clearly marked thereon shall be returned to the\n\ndebtor together with a notice that the debtor is required to\n\nregister and pay all additional fees and taxes due within thirty\n\n(30) days from the date of purchase of the vehicle.\n\n5. Any person creating a security interest in a vehicle that\n\nhas been previously registered in the debtor's name and on which all\n\ntaxes due the state have been paid shall surrender the certificate\n\nof ownership to the secured party. The secured party shall have the\n\nduty to record the security interest as provided in this section and\n\nshall, at the same time, obtain a new certificate of title which\n\nshall show the secured interest on the face of the certificate of\n\ntitle.\n\n6. The lien entry form with the date and assigned number\n\nthereof clearly marked thereon shall be returned to the secured\n\nparty. If the lien entry form is received and authenticated, as\n\nherein provided, by a motor license agent, the agent shall make a\n\nreport thereof to the Tax Commission upon the forms and in the\n\nmanner as may be prescribed by the Tax Commission.\n\n7. The Tax Commission shall have the duty to record the lien\n\nupon the face of the certificate of title issued at the time of\n\nregistering and paying all fees and taxes due on the vehicle.\n\n8. When there is an active lien from a commercial lender in\n\nplace on a vehicle, motor license agents shall be prohibited from\n\ntransferring the certificate of title on that vehicle until the lien\n\nis satisfied, except when the title is transferred:\n\na. to a person whose name is included on the loan for\n\nwhich the lien is placed pursuant to an agreement by\n\nthe lender and any party to the title,\n\nb. to a trust created by a person whose name is included\n\non the loan for which the lien is placed,\n\nc. from a person who has died, upon the submission of a\n\ndeath certificate, or\n\nd. upon attestation by the managing member indicating\n\nownership, to a business entity from a person who owns\n\nat least fifty percent (50%) of the business entity\n\nreceiving title. As part of such transfer, the\n\nbusiness entity receiving title and at the discretion\n\nof the financial institution holding the lien, the\n,\n\nc. from a person who has died, upon the submission of a\n\ndeath certificate, or\n\nd. upon attestation by the managing member indicating\n\nownership, to a business entity from a person who owns\n\nat least fifty percent (50%) of the business entity\n\nreceiving title. As part of such transfer, the\n\nbusiness entity receiving title and at the discretion\n\nof the financial institution holding the lien, the\n\nindividual transferring title and the receiving\n\nbusiness entity may be added as an obligor to the\n\noriginal note secured by the collateral to which the\n\ntransferring individual is a borrower. This shall not\n\nbe construed to require refinancing of the original\n\nnote. Service Oklahoma shall provide notification of\n\nthe transaction to the lienholder, ninety (90) days\n\nprior to effectuating the title transfer and shall\n\ndevelop an appropriate affidavit and notice necessary\n\nto effectuate a transfer of title. A title transfer\n\ninitiated pursuant to this subparagraph shall not\n\npreclude the lienholder from exercising all remedies\n\navailable to it in accordance with an agreement\n\nbetween the lienholder and the individual transferring\n\ntitle, up to and including repossession of the vehicle\n\nand civil action against the individual transferring\n\ntitle and receiving business entity. Further, until\n\nthe original lien is satisfied, the receiving business\n\nentity shall be prohibited from transferring title to\n\nanother entity or person. Types of business entities\n\nthat may receive a transfer of title pursuant to this\n\nsubparagraph shall be limited to:\n\n(1) sole proprietorships,\n\n(2) general partnerships,\n\n(3) limited partnerships,\n\n(4) limited liability companies,\n\n(5) professional limited partnerships, and\n\n(6) professional limited liability companies.\n\nNo individual may perform a transfer, pursuant to this\n\nsubparagraph, to any business entity that is currently\n\nengaging in any activity which is prohibited by federal or\n\nstate law.\n\nThe provisions of this paragraph shall not be construed to release\n\nany lien or debt based solely upon a transfer of certificate of\n\ntitle.\n\nB. 1. A secured party shall, within seven (7) business days\n\nafter the satisfaction of the security interest, furnish directly or\n\nby mail a release of a security interest to the Tax Commission and\n\nmail a copy thereof to the last-known address of the debtor. If the\n\nsecurity interest has been satisfied by payment from a licensed used\n\nmotor vehicle dealer to whom the motor vehicle has been transferred,\n\nthe secured party shall also, within seven (7) business days after\n\nsuch satisfaction, mail an additional copy of the release to the\n\ndealer. If the secured party fails to furnish the release as\n\nrequired, the secured party shall be liable to the debtor for a\n\npenalty of One Hundred Dollars ($100.00). Following the seven (7)\n\nbusiness days after satisfaction of the lien and upon receipt by the\n\nlienholder of written communication demanding the release of the\n\nlien, thereafter the penalty shall increase to One Hundred Dollars\n\n($100.00) per day for each additional day beyond seven (7) business\n\ndays until accumulating to One Thousand Five Hundred Dollars\n\n($1,500.00) or the value of the vehicle, whichever is less, and, in\n\naddition, any loss caused to the debtor by such failure.\n\n2. Upon release of a security interest the owner may obtain a\n\nnew certificate of title omitting reference to the security\n\ninterest, by submitting to the Tax Commission or to a motor license\n\nagent:\n\na. a release signed by the secured party, an application\n\nfor new certificate of title and the proper fees, or\n\nb. by submitting to the Tax Commission or the motor\n\nlicense agent an affidavit, supported by such\n\ndocumentation as the Tax Commission may require, by\n\nthe owner on a form prescribed by the Tax Commission\n\nstating that the security interest has been satisfied\n\nand stating the reasons why a release cannot be\ny the secured party, an application\n\nfor new certificate of title and the proper fees, or\n\nb. by submitting to the Tax Commission or the motor\n\nlicense agent an affidavit, supported by such\n\ndocumentation as the Tax Commission may require, by\n\nthe owner on a form prescribed by the Tax Commission\n\nstating that the security interest has been satisfied\n\nand stating the reasons why a release cannot be\n\nobtained, an application for a new certificate of\n\ntitle and the proper fees.\n\nUpon receiving such affidavit that the security interest has been\n\nsatisfied, the Tax Commission shall issue a new certificate of title\n\neliminating the satisfied security interest and the name and address\n\nof the secured parties who have been paid and satisfied. The Tax\n\nCommission shall accept a release of a security interest in any form\n\nthat identifies the debtor, the secured party, and the vehicle, and\n\ncontains the signature of the secured party. The Tax Commission\n\nshall not require any particular form for the release of a security\n\ninterest.\n\nThe words \"security interest\" when used in the Oklahoma Vehicle\n\nLicense and Registration Act do not include liens dependent upon\n\npossession.\n\nC. The Tax Commission shall file and index certificates of\n\ntitle so that at all times it will be possible to trace a\n\ncertificate of title to the vehicle designated therein, identify the\n\nlien entry form, and the names and addresses of secured parties, or\n\ntheir assignees, so that all or any part of such information may be\n\nmade readily available to those who make legitimate inquiry of the\n\nTax Commission as to the existence or nonexistence of security\n\ninterest in the vehicle.\n\nD. 1. Any security interest in a vehicle properly perfected\n\nprior to July 1, 1979, may be continued as to its effectiveness or\n\nduration as provided by Sections 1-9-510 and 1-9-515 of Title 12A of\n\nthe Oklahoma Statutes, or may be terminated, assigned or released as\n\nprovided by Sections 1-9-512, 1-9-513 and 1-9-514 of Title 12A of\n\nthe Oklahoma Statutes, as fully as if this section had not been\n\nenacted, or, at the option of the secured party, may also be\n\nperfected under this section, and, if so perfected, the time of\n\nperfection under this section shall be the date the security\n\ninterest was originally perfected under the prior law.\n\n2. Upon request of the secured party, the debtor, or any other\n\nholder of the certificate of title shall surrender the certificate\n\nof title to the secured party and shall do such other acts as may be\n\nrequired to perfect the security interest under this section.\n\nE. If a manufactured home is permanently affixed to real\n\nestate, an Oklahoma certificate of title may be surrendered to the\n\nTax Commission or a motor license agent for cancellation. When the\n\ndocument of title is surrendered, the owner shall provide the legal\n\ndescription or the appropriate tract or parcel number of the real\n\nestate and other information as may be required on a form provided\n\nby the Tax Commission. The Tax Commission may not cancel a document\n\nof title if a lien has been registered or recorded. The Tax\n\nCommission or motor license agent shall notify the owner and any\n\nlienholder that the title has been surrendered to the Tax Commission\n\nand that the Tax Commission may not cancel the title until the lien\n\nis released. Such notification shall include a description of the\n\nlien and such notification to the owner shall be accompanied by the\n\nreturn of title surrendered. Permanent attachment to real estate\n\ndoes not affect the validity of a lien recorded or registered with\n\nthe Tax Commission before the document of title is canceled pursuant\n\nto this section. The rights of a prior lienholder pursuant to a\n\nsecurity agreement or the provisions of a credit transaction and the\n\nrights of the state pursuant to a tax lien are preserved. The Tax\nrn of title surrendered. Permanent attachment to real estate\n\ndoes not affect the validity of a lien recorded or registered with\n\nthe Tax Commission before the document of title is canceled pursuant\n\nto this section. The rights of a prior lienholder pursuant to a\n\nsecurity agreement or the provisions of a credit transaction and the\n\nrights of the state pursuant to a tax lien are preserved. The Tax\n\nCommission or motor license agent shall forward the information to\n\nthe county assessor of the county where the real estate is located\n\nand indicate whether the original document of title has been\n\ncanceled. A fee of Five Dollars ($5.00) shall accompany the\n\napplication for cancellation of title. When the fee is paid by a\n\nperson making an application directly with the Tax Commission, the\n\nfee shall be deposited in the Oklahoma Tax Commission Revolving\n\nFund. A fee paid to a motor license agent shall be retained by the\n\nagent. The owner of a manufactured home upon which the document of\n\ntitle has been properly surrendered, may apply to the Tax Commission\n\nfor issuance of a new original certificate of title upon submission\n\nof:\n\n1. An attestation from the homeowner indicating ownership of\n\nthe manufactured home and the nonexistence of any security interest\n\nor lien of record in the manufactured home; and\n\n2. A title opinion by a licensed attorney, determining that the\n\nowner of the manufactured home has marketable title to the real\n\nproperty upon which the manufactured home is located and that no\n\ndocuments filed of record in the county clerk's office concerning\n\nthe real property contain a mortgage, recorded financial statement,\n\njudgment, or lien of record. Persons or entities to whom the title\n\nopinion is addressed may rely on the title opinion. A security\n\ninterest in a manufactured home perfected pursuant to this section\n\nshall have priority over a conflicting interest of a mortgagee or\n\nother lien encumbrancer, or the owner of the real property upon\n\nwhich the manufactured home became affixed or otherwise permanently\n\nattached. The holder of the security interest in the manufactured\n\nhome, upon default, may remove the manufactured home from such real\n\nproperty. The holder of the security interest in the manufactured\n\nhome shall reimburse the owner of the real property who is not the\n\ndebtor and who has not otherwise agreed to access the real property\n\nfor the cost of repair of any physical injury to the real property,\n\nbut shall not be liable for any diminution in value to the real\n\nproperty caused by the removal of the manufactured home, trespass,\n\nor any other damages caused by the removal. The debtor shall notify\n\nthe holder of the security interest in the manufactured home of the\n\nstreet address, if any, and the legal description of the real\n\nproperty upon which the manufactured home is affixed or otherwise\n\npermanently attached and shall sign such other documents, including\n\nany appropriate mortgage, as may reasonably be requested by the\n\nholder of such security interest.\n\nF. In the case of motor vehicles or trailers, notwithstanding\n\nany other provision of law, a transaction does not create a sale or\n\nsecurity interest merely because it provides that the rental price\n\nis permitted or required to be adjusted under the agreement either\n\nupward or downward by reference to the amount realized upon sale or\n\nother disposition of the motor vehicle or trailer.\n\nG. A security interest in vehicles registered by a federally\n\nrecognized Indian tribe shall be deemed valid under Oklahoma law if\n\nvalidly perfected under the applicable tribal law and the lien is\n\nnoted on the face of the tribal certificate of title.","path":["OK Code","Title 47"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"56c66b5ff7b9f4a071e312a0c00ab20d7f4af59a873af2bf13c0e19b3d699101","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-1110","next":"us-ok/okla.-stat.-tit.-47-47-1110v2"},"notice":"GroundRules: Original legal text. Not legal advice."}