60-166 New certificate of title; issued when; proof required; processing of application. - Nebraska Statutes

60-166. New certificate of title; issued when;proof required; processing of application.(1) In the eventof (a) the transfer of ownership of a vehicle by operation of law as uponinheritance, devise, or bequest, order in bankruptcy, insolvency, replevin,or execution sale or as provided in sections 30-24,125, 52-601.01 to 52-605, 60-1901 to 60-1911, and 60-2401 to 60-2411, (b) the engine of a vehicle beingreplaced by another engine, (c) a vehicle being sold to satisfy storage orrepair charges, or (d) repossession being had upon default in performanceof the terms of a chattel mortgage, trust receipt, conditional sales contract,or other like agreement, the county clerk or designated county official ofany county or the department, if the last certificate of title was issuedby the department, upon the surrender of the prior certificate of title orthe manufacturer's or importer's certificate, or when that is not possible,upon presentation of satisfactory proof of ownership and right of possessionto such vehicle, and upon payment of the appropriate fee and the presentationof an application for certificate of title, may issue to the applicant a certificateof title thereto. If the prior certificate of title issued for such vehicleprovided for joint ownership with right of survivorship, a new certificateof title shall be issued to a subsequent purchaser upon the assignment ofthe prior certificate of title by the surviving owner and presentation ofsatisfactory proof of death of the deceased owner. Only an affidavit by theperson or agent of the person to whom possession of such vehicle has so passed,setting forth facts entitling him or her to such possession and ownership,together with a copy of the journal entry, court order, or instrument uponwhich such claim of possession and ownership is founded, shall be consideredsatisfactory proof of ownership and right of possession, except that if theapplicant cannot produce such proof of ownership, he or she may submit tothe department such evidence as he or she may have, and the department maythereupon, if it finds the evidence sufficient, issue the certificate of titleor authorize the county clerk or designated county official to issue a certificateof title, as the case may be.(2) If from the records in the office of the county clerk or designatedcounty official or the department there appear to be any liens on such vehicle,such certificate of title shall complywith section 60-164 or 60-165 regarding such liens unless theapplication is accompanied by proper evidence of their satisfaction or extinction. SourceLaws 2005, LB 276, § 66; Laws 2007, LB286, § 15; Laws 2009, LB202, § 18.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).