60-144 Certificate of title; issuance; filing; application; form. - Nebraska Statutes

60-144. Certificate oftitle; issuance; filing; application; form.(1)(a)Except as provided in subdivisions (b), (c), and (d) of this subsection, thecounty clerk or designated county official shall be responsible for issuingand filing certificates of title for vehicles, and each county shall issueand file such certificates of title using the vehicle titling and registrationcomputer system prescribed by the department. Application for a certificateof title shall be made upon a form prescribed by the department. All applicationsshall be accompanied by the appropriate fee or fees.(b) The department shall issue and file certificates of titlefor Nebraska-based fleet vehicles. Application for a certificate of titleshall be made upon a form prescribed by the department. All applications shallbe accompanied by the appropriate fee or fees.(c) The department shall issue and file certificates of titlefor state-owned vehicles. Application for a certificate of title shall bemade upon a form prescribed by the department. All applications shall be accompaniedby the appropriate fee or fees.(d) The department shall issue certificates of title pursuantto section 60-142.06. Application for a certificate of title shall be madeupon a form prescribed by the department. All applications shall be accompaniedby the appropriate fee or fees.(2) If the owner of an all-terrain vehicle, a utility-type vehicle, or a minibike residesin Nebraska, the application shall be filed with the county clerk or designatedcounty official of the county in which the owner resides.(3)(a) Except as otherwise provided in subdivision (b) ofthis subsection, if a vehicle, other than an all-terrain vehicle, a utility-type vehicle, ora minibike, has situs in Nebraska, the application shall be filed with thecounty clerk or designated county official of the county in which the vehiclehas situs.(b) If a motor vehicle dealer licensed under the Motor Vehicle Industry Regulation Act, appliesfor a certificate of title for a vehicle, the application may be filed withthe county clerk or designated county official of any county.(4) If the owner of a vehicle is a nonresident, the applicationshall be filed in the county in which the transaction is consummated.(5) The application shall be filed within thirty days afterthe delivery of the vehicle.(6) All applicants registering a vehicle pursuant to section 60-3,198 shall file the application for a certificate of title with the Divisionof Motor Carrier Services of the department. The division shall deliver thecertificate to the applicant if there are no liens on the vehicle. If thereare any liens on the vehicle, the division shall deliver or mail the certificateof title to the holder of the first lien on the day of issuance. All certificatesof title issued by the division shall be issued in the manner prescribed forthe county clerk or designated county official in section 60-152. SourceLaws 2005, LB 276, § 44; Laws 2006, LB 663, § 13; Laws 2006, LB 765, § 3; Laws 2009, LB202, § 12; Laws 2010, LB650, § 11; Laws 2010, LB816, § 4. Cross ReferencesMotor Vehicle Industry Regulation Act, see section 60-1401. AnnotationsThere is no legal requirement that a lien be noted on a certificate of title purportedly covering property not subject to the Certificate of Title Act, even though a certificate of title for such property has been issued. Cushman Sales & Service of Nebraska, Inc. v. Muirhead, 201 Neb. 495, 268 N.W.2d 440 (1978).Under the Nebraska Certificate of Title Act, a certificate of title is the exclusive method provided by statute for the transfer of title to an automobile, but it is not conclusive of ownership. First Nat. Bank & Trust Co. v. Ohio Cas. Ins. Co., 196 Neb. 595, 244 N.W.2d 209 (1976).In the absence of even an assignment of certificate of title, title to motor vehicle remained in person named in certificate of title. Turpin v. Standard Reliance Ins. Co., 169 Neb. 233, 99 N.W.2d 26 (1959).If applicant is a nonresident, application for certificate must be filed in county in which transaction is consummated. Universal C.I.T. Credit Corp. v. Vogt, 165 Neb. 611, 86 N.W.2d 771 (1957).Legislature contemplated that form provided must be fully and properly executed. Loyal's Auto Exchange, Inc. v. Munch, 153 Neb. 628, 45 N.W.2d 913 (1951).