8. Perfection of security interest in a snowmobile or ATV. (a) Applicability of section.-- Except as otherwise provided in 13 Pa.C.S. §§ 9311(d) (relating to perfection of security
Pennsylvania Consolidated Statutes
Section: 77128
Jurisdiction: PA
Bluebook Citation: 75 Pa. Cons. Stat. § 77128
§ 7712.8. Perfection of security interest in a snowmobile or ATV. (a) Applicability of section.-- Except as otherwise provided in 13 Pa.C.S. §§ 9311(d) (relating to perfection of security
interests in property subject to certain statutes, regulations and treaties), 9315(c)
and (d) (relating to secured party's rights on disposition of collateral and in proceeds)
and 9316(d) and (e) (relating to effect of change in governing law), this section
provides the exclusive method of perfecting a security interest in a snowmobile or
ATV for which a certificate of title is required under this subchapter. (b) Snowmobiles or ATV's without Pennsylvania certificate of title.-- If an owner creates a security interest in a snowmobile or ATV for which a certificate
of title has not been issued by the department, the owner shall, at the request of
the secured party, promptly execute an application for a certificate of title on a
form prescribed by the department showing the name and address of the secured party.
The owner shall tender the application, the existing certificate of title, if any,
and the required fee to the department. A security interest in a snowmobile or ATV
is perfected at the time that such application, existing certificate of title, if
any, and required fee are received by the department. (c) Snowmobiles or ATV's with Pennsylvania certificate of title.-- If an owner creates a security interest in a snowmobile or ATV for which a certificate
of title has been issued by the department, the owner shall, at the request of the
secured party, promptly execute an application on a form prescribed by the department
showing the name and address of the secured party. The owner shall tender the certificate
of title, together with the application and the required fee, to the department. A
security interest in a snowmobile or ATV is perfected at the time such application,
certificate of title and required fee are received by the department. (d) Certificate of title in possession of secured party.-- Upon request of the owner or a subordinate secured party, a secured party in possession
of the certificate of title shall mail or deliver the certificate to the department
or, upon receipt from the subordinate secured party of the application of the owner
and the required fee, shall mail or deliver them to the department with the certificate
of title. The delivery of the certificate to the department does not affect the rights
of the first secured party under his security agreement. (e) Indorsement and delivery of certificate of title.-- Upon receipt of the application, existing certificate of title, if any, and required
fee, the department shall indorse on the existing certificate of title or the new
certificate that it issues the names and addresses of all secured parties and shall
mail the certificate of title to the first secured party named in the certificate. (June 8, 2001, P.L.123, No.18, eff. July 1, 2001; June 25, 2001, P.L.701, No.68, eff.
120 days; June 27, 2013, P.L.154, No.30, eff. July 1, 2013) 2013 Amendment. Act 30 amended subsec. (a).
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