{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-1110v2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-1110v2","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 Service Oklahoma\n\nshall be perfected only when a lien entry form, and the existing\n\ncertificate of title, if any, or application for a certificate of\n\ntitle and manufacturer’s certificate of origin containing the name\n\nand address of the secured party and the date of the security\n\nagreement and the required fee are delivered to Service Oklahoma or\n\nto a licensed operator. As used in this section, the term “dealer”\n\nshall be defined as provided in Section 1-112 of this title and the\n\nterm “security interest” shall be defined as provided in paragraph\n\n(35) of Section 1-201 of Title 12A of the Oklahoma Statutes. When a\n\nvehicle title is presented to a licensed operator for transferring\n\nor registering and the documents reflect a lienholder, the licensed\n\noperator shall perfect the lien pursuant to subsection G of Section\n\n1105 of this title. For the purposes of this section, the term\n\n“vehicle” shall not include special mobilized machinery, machinery\n\nused in highway construction or road material construction and\n\nrubber-tired road construction vehicles including rubber-tired\n\ncranes. The filing and duration of perfection of a security\n\ninterest, pursuant to the provisions of Title 12A of the Oklahoma\n\nStatutes, including, but not limited to, Section 1-9-311 of Title\n\n12A of the Oklahoma Statutes, shall not be applicable to perfection\n\nof security interests in vehicles as to which a certificate of title\n\nmay be properly issued by Service Oklahoma, except as to vehicles\n\nheld by a dealer for sale or lease and except as provided in\n\nsubsection D of this section. In all other respects Title 12A of\n\nthe Oklahoma Statutes shall be applicable to such security interests\n\nin vehicles as to which a certificate of title may be properly\n\nissued by Service Oklahoma.\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 Service Oklahoma, 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 forty-five (45)\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 Service Oklahoma or to a licensed operator.\n\nIf the lien entry form, the lien filing fee and the certificate of\n\ntitle or application for certificate of title and the manufacturer’s\n\ncertificate of origin are delivered to Service Oklahoma or to a\n\nlicensed operator within forty-five (45) days after the date of the\n\nlien entry form, perfection of the security interest shall begin\n\nfrom the date of the execution of the lien entry form, but\n\notherwise, perfection of the security interest shall begin from the\n\ndate of the delivery to Service Oklahoma or to a licensed operator.\n\n3. a. For each security interest recorded on a certificate\n\nof title or manufacturer’s certificate of origin, such\n\nperson shall pay a fee of Ten Dollars ($10.00), which\n\nshall be in addition to other fees provided for in the\n\nOklahoma Vehicle License and Registration Act. Upon\n\nthe receipt of the lien entry form and the required\ndate of the delivery to Service Oklahoma or to a licensed operator.\n\n3. a. For each security interest recorded on a certificate\n\nof title or manufacturer’s certificate of origin, such\n\nperson shall pay a fee of Ten Dollars ($10.00), which\n\nshall be in addition to other fees provided for in the\n\nOklahoma Vehicle License and Registration Act. Upon\n\nthe receipt of the lien entry form and the required\n\nfees with either the certificate of title or an\n\napplication for certificate of title and\n\nmanufacturer’s certificate of origin, a licensed\n\noperator shall, by placement of a clearly\n\ndistinguishing mark, record the date and number shown\n\nin a conspicuous place on each of these instruments.\n\nOf the ten-dollar fee, the licensed operator 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 Service Oklahoma 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 Service Oklahoma a surety bond in such\n\namount as Service Oklahoma 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 licensed operator, the licensed operator shall\n\nmake a report thereof to Service Oklahoma upon the forms and in the\n\nmanner as may be prescribed by Service Oklahoma.\n\n7. Service Oklahoma shall have the duty to record the lien upon\n\nthe 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, licensed operators 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, or\n\nc. from a person who has died, upon the submission of a\n\ndeath certificate.\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 Service Oklahoma and\n\nmail a copy thereof to the last-known address of the debtor. If the\nrovisions 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 Service Oklahoma 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\nreceipt of a written request from such licensed used motor vehicle\n\ndealer, mail an additional copy of the release to the dealer. If\n\nthe secured party fails to furnish the release as required, the\n\nsecured party shall be liable to the debtor for a penalty of One\n\nHundred Dollars ($100.00). Following the seven (7) business days\n\nafter satisfaction of the lien and upon receipt by the lienholder of\n\nwritten communication demanding the release of the lien, thereafter\n\nthe penalty shall increase to One Hundred Dollars ($100.00) per day\n\nfor each additional day beyond seven (7) business days until\n\naccumulating to One Thousand Five Hundred Dollars ($1,500.00) or the\n\nvalue of the vehicle, whichever is less, and, in addition, any loss\n\ncaused 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 Service Oklahoma or to a licensed\n\noperator:\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 Service Oklahoma or the licensed\n\noperator an affidavit, supported by such documentation\n\nas Service Oklahoma may require, by the owner on a\n\nform prescribed by Service Oklahoma stating that the\n\nsecurity interest has been satisfied and stating the\n\nreasons why a release cannot be obtained, an\n\napplication for a new certificate of title and the\n\nproper fees.\n\nUpon receiving such affidavit that the security interest has been\n\nsatisfied, Service Oklahoma 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. Service\n\nOklahoma 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. Service Oklahoma shall\n\nnot 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. Service Oklahoma shall file and index certificates of title\n\nso that at all times it will be possible to trace a certificate of\n\ntitle to the vehicle designated therein, identify the lien entry\n\nform, and the names and addresses of secured parties, or their\n\nassignees, so that all or any part of such information may be made\n\nreadily available to those who make legitimate inquiry of Service\n\nOklahoma as to the existence or nonexistence of security interest in\n\nthe 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\n\nas provided by Sections 1-9-512, 1-9-513, and 1-9-514 of Title 12A\n\nof the 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.\nsigned, or released\n\nas provided by Sections 1-9-512, 1-9-513, and 1-9-514 of Title 12A\n\nof the 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\n\nService Oklahoma or a licensed operator 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 Service Oklahoma. Service Oklahoma may not cancel a document of\n\ntitle if a lien has been registered or recorded. Service Oklahoma\n\nor the licensed operator shall notify the owner and any lienholder\n\nthat the title has been surrendered to Service Oklahoma and that\n\nService Oklahoma may not cancel the title until the lien is\n\nreleased. Such notification shall include a description of the lien\n\nand 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\nService Oklahoma 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. Service\n\nOklahoma or the licensed operator 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 Service Oklahoma, the fee\n\nshall be deposited in the Oklahoma Tax Commission Fund. Beginning\n\nJanuary 1, 2023, the fee shall be deposited in the Service Oklahoma\n\nRevolving Fund. A fee paid to a licensed operator shall be retained\n\nby the licensed operator. The owner of a manufactured home upon\n\nwhich the document of title has been properly surrendered may apply\n\nto Service Oklahoma for issuance of a new original certificate of\n\ntitle upon submission of:\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\ner 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":"c9292e3003c615ec48e32a8ec41979f3efb5d6d83783dea6f10c18e85b95d633","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-1110v1","next":"us-ok/okla.-stat.-tit.-47-47-1111"},"notice":"GroundRules: Original legal text. Not legal advice."}