Okla. Stat. tit. 47, § 47-1110v2

indexing - Effectiveness, duration, assignment or termination -

Priority in manufactured home.

A. 1. Except for a security interest in vehicles held by a

dealer for sale 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 which was previously

registered in another state and which title contains the name of a

secured party on the face of the other state certificate 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

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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 provided 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 registering and the documents reflect a lienholder, the licensed

operator shall perfect the lien pursuant 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, shall not be applicable to perfection

of security interests in vehicles as to which a 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 section. 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 forty-five (45)

days as provided hereafter with certificate of title or the

application for certificate of title and the manufacturer’s

certificate of origin to Service Oklahoma 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 forty-five (45) 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 entry form, but

otherwise, perfection of the security interest shall begin from the

date of the delivery to Service Oklahoma or to a licensed operator.

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 other fees provided for in the

Oklahoma Vehicle License and Registration Act. Upon

the receipt of the lien entry form and the required
date of the delivery to Service Oklahoma or to a licensed operator.

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 other 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

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application for certificate of title and

manufacturer’s certificate of origin, 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 acting 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

before acting as a messenger, 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 the 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 vehicle.

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 shall 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 date 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 Oklahoma upon the forms and in the

manner as may be prescribed by Service Oklahoma.

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 the vehicle.

8. When there is an active lien from a commercial lender in

place on a vehicle, licensed operators shall be prohibited from

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transferring the certificate 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 solely upon a transfer of certificate of

title.

B. 1. A secured party shall, within seven (7) business 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
rovisions of this paragraph shall not be construed to release

any lien or debt based solely upon a transfer of certificate of

title.

B. 1. A secured party shall, within seven (7) business 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

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 to 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 Service 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

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

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eliminating the satisfied security 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 parties, 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 interest in a vehicle properly perfected

prior to July 1, 1979, may be continued as to its effectiveness or

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.
signed, 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 licensed 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 owner 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

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

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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 transaction 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 application directly with Service Oklahoma, the fee

shall be deposited in the Oklahoma Tax Commission 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 the homeowner indicating ownership of

the manufactured home and the nonexistence of any security interest

or lien of record in the manufactured home; and

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. Persons 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 otherwise 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 the real property who is not the
er lien encumbrancer, or the owner of the real property upon

which the manufactured home became affixed or otherwise 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 the 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 removal 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 manufactured 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

any appropriate mortgage, as may reasonably be requested by the

holder of such security interest.

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F. In the case of motor vehicles or trailers, 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 reference 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 applicable tribal law and the lien is

noted on the face of the tribal certificate of title.