Idaho Administrative Code
Title IDAPA 39 - Transportation, Department of
Rule 39.02.05 - RULES GOVERNING ISSUANCE OF CERTIFICATES OF TITLE
Section 39.02.05.200 - LIEN FILING

Universal Citation: ID Admin Code 39.02.05.200

Current through August 31, 2023

01. Date of Lien Filing. All title applications submitted to the Department or its agent for filing will include the date of filing. (3-21-22)

a. If a lien is listed on a title application, the date the application is received by the Department or its agent will be the date of the filing of the lien. (3-21-22)

b. A lien is perfected as of the date of the filing of a properly completed application with the department or an agent of the department. All liens filed with the department will take priority according to the order in which the properly completed applications are filed with the department or an agent of the department. The priority of liens will not be affected should the department fail to note one or more on the title or on the electronic records of the department due to error. (3-21-22)

02. Out-of-State Transfer. If a lien was previously recorded on an out-of-state title, and the title is being surrendered to Idaho for issuance of a new certificate of title and the lien is still in effect, the Department will honor the previously recorded date shown on the out-of-state title, provided that at least one of the previous owners' names will remain on the new Idaho title. If there is no recorded date on the title, the following will be captured as the recorded date if displayed on the title with priority according to the order listed: (3-21-22)

a. Application date; (3-21-22)

b. Issue date; and (3-21-22)

c. Print date (3-21-22)

d. If none of the aforementioned dates are present, the Department will consider other evidence provided in the documentation submitted with the title application to determine a filing date. (3-21-22)

e. In the event that no other evidence is provided to reasonably determine the date of the lien's filing, the date the title application is filed with the Department will be the recorded date. (3-21-22)

03. Name Change Only. If a name change is being requested on a title containing a recorded lien, and the lien is not being released, the original recorded date will be retained for the lien filing, provided that the new title will retain the name of the same lienholder and at least one (1) of the previous owners. (3-21-22)

04. Taxable Transfer of Ownership. In the case of a taxable transfer of ownership, where the lien was not released, and the new title will have the same lienholder, a new recorded date will be assigned to the lien, unless the lienholder has specified that the new owners have assumed the lien. (3-21-22)

05. Lien Assumptions. If a lienholder specifies that a contract has been assumed by a new owner, and the new owner has assumed the terms of the previous lien, the original date will be retained on the new certificate of title. (3-21-22)

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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