60-152 Certificate of title; issuance; delivery of copies; seal; county clerk or designated official; powers and duties. - Nebraska Statutes

60-152. Certificate of title; issuance; deliveryof copies; seal; county clerk or designated official; powers and duties.(1) The county clerk or designated county official shall issue a certificateof title for a vehicle in duplicate and retain one copy in his or her office.An electronic copy, in a form prescribed by the department, shall be transmittedon the day of issuance to the department. The county clerk or designated countyofficial shall sign and affix the appropriate seal to the original certificateof title and, if there are no liens on the vehicle, deliver the certificateto the applicant. If there are one or more liens on the vehicle, the certificateof title shall be handled asprovided in section 60-164 or 60-165.(2) The county clerks or county treasurers of the various counties shalladopt a circular seal with the words County Clerk of ........... (insert name)County or County Treasurer of ........... (insert name) County thereon. Suchseal shall be used by the county clerk or county treasurer or the deputy orlegal authorized agent of such officer, without charge to the applicant, onany certificate of title, application for certificate of title, duplicatecopy, assignment or reassignment, power of attorney, statement, or affidavitpertaining to the issuance of a Nebraska certificate of title. The designatedcounty official or the deputy or legal authorized agent of such officer shalluse the seal of the county, without charge to the applicant, on any such document.(3) The department shall prescribe a uniform method of numbering certificatesof title.(4) The county clerk or designated county official shall (a) file allcertificates of title according to rules and regulations adopted and promulgatedby the department, (b) maintain in the office indices for such certificatesof title, (c) be authorized to destroy all previous records five years aftera subsequent transfer has been made on a vehicle, and (d) be authorized todestroy all certificates of title and all supporting records and documentswhich have been on file for a period of five years or more from the date offiling the certificate or a notation of lien, whichever occurs later. SourceLaws 2005, LB 276, § 52; Laws 2007, LB286, § 12; Laws 2009, LB202, § 14.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).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).