61-4-110. Obligation of dealer to pay off liens on motor vehicles accepted in trade or consignment -- duties of dealer and secured party. - Montana Statutes

     61-4-110. Obligation of dealer to pay off liens on motor vehicles accepted in trade or consignment -- duties of dealer and secured party. (1) (a) If a dealer accepts a motor vehicle in trade from a retail customer as part of the sale of another motor vehicle and there is an outstanding loan balance owing on the traded motor vehicle, the dealer shall remit payment to the secured party to whom the balance on the traded motor vehicle is owed in an amount sufficient to satisfy the perfected security interest on the traded motor vehicle by the earlier of the following dates:
     (i) 21 days from the date of acceptance of the motor vehicle in trade; or
     (ii) 15 days from the date of the receipt by the dealer of payment in full from the sale of the traded motor vehicle.
     (b) If a dealer accepts a motor vehicle from an owner for sale upon consignment and there is an outstanding loan balance owing on the consigned motor vehicle, the dealer shall remit payment to the secured party to whom the balance on the consigned motor vehicle is owed in an amount sufficient to satisfy the perfected security interest on the consigned motor vehicle within 15 days from the date of the receipt by the dealer of payment in full for sale of the consigned motor vehicle.
     (2) A secured party who has been paid in full by a dealer in accordance with the terms of this section shall forward to the department a properly executed release within:
     (a) 15 business days after the business day on which the funds are received when the funds are in cash, cashier's check, certified check, teller's check, or other certified source of funds;
     (b) 18 business days after the business day on which the funds are received when the funds are in the form of a check drawn on a local originating depository institution; or
     (c) 21 business days after the business day on which the funds are received when the funds are in the form of a check drawn on a nonlocal originating depository institution.
     (3) For purposes of this section, "business day" means a weekday, excluding any weekday upon which a legal holiday falls.

     History: En. Sec. 2, Ch. 299, L. 2003; amd. Sec. 158, Ch. 542, L. 2005.