Senate Bill No. 131
(By Senators Dittmar, Sharpe, Ross and Dalton)
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[Introduced February 26, 1993; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section four, article four-a, chapter
seventeen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the effect of
deferred purchase money lien or encumbrance filed within
sixty days after purchase; duty of motor vehicle dealer to
collect and transmit title registration tax and record lien;
and effect where lien filed beyond sixty days after
purchase.
Be it enacted by the Legislature of West Virginia:
That section four, article four-a, chapter seventeen-a of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
§17A-4A-4. Deferred purchase money lien or encumbrance may be
filed within sixty days after purchase.
(a) If application for a certificate of title showing a
deferred purchase money lien or deferred purchase money
encumbrance to be placed upon a vehicle be filed in the office ofthe department within sixty days from the date of such
applicant's purchase of such vehicle, it shall be as valid as to
all persons, whomsoever, including the state, as if such filing
had been done on the day such lien or encumbrance was acquired.
(b) In transactions involving a deferred purchase money lien
or deferred purchase money encumbrance, it shall be the
responsibility of the motor vehicle dealer to collect and remit
to the division of motor vehicles the title, tax and registration
fees required under section four, article three of this chapter
and to file and record with the division of motor vehicles the
liens created as a result of this transaction: Provided, That a
motor vehicle dealer may remit the title, tax and registration
fees through any license service that is licensed by the division
of motor vehicles. No motor vehicle dealer may charge more than
a fifty dollar fee for performing its responsibilities under this
section.
(c) If an application for a certificate of title showing a
deferred purchase money lien or deferred purchase money
encumbrance is not filed within sixty days as provided above,
such lien shall not be void, but shall only be considered as
having been perfected from the date it was filed.
NOTE: The purpose of this bill is to provide for the
effective date of a deferred purchase money lien or encumbrance
and to limit the amount of the fee which may be charged by a
dealer for collecting and remitting title registration fees.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new languagethat would be added.