Creditor's Rights

In City Finance Co. v. Perry, the Tennessee Supreme Court was called upon to construe a portion of the new and rather involved Motor Vehicle Title and Registration Law, which was enacted by the 1951 legislature. The Perry case construed the provisions which have to do with the recordation of liens upon the certificate of title as constructive notice thereof. These require owners of motor vehicles to register them in the name of the owner with the Motor Vehicle Division of the Tennessee Department of Safety and to procure from it a certificate of title and a title card. This certificate is delivered to the owner if there is no lien or encumbrance appearing thereon.

Otherwise, it is delivered to the person holding the lien shown on the certificate, and it is held by such person until the lien is discharged.