2006 Minnesota Statutes

168A.05 CERTIFICATE OF TITLE.
    Subdivision 1. Filing of application; issuance of certificate. The department shall file each
application received, and when satisfied as to its genuineness and regularity and that the applicant
is entitled to the issuance of a certificate of title shall issue a certificate of title of the vehicle.
    Subd. 1a. Manufactured home; statement of property tax payment. In the case of a
manufactured home as defined in section 327.31, subdivision 6, the department shall not issue a
certificate of title unless the application under section 168A.04 is accompanied with a statement
from the county auditor or county treasurer where the manufactured home is presently located,
stating that all manufactured home personal property taxes levied on the unit in the name of
the current owner at the time of transfer have been paid. For this purpose, manufactured home
personal property taxes are treated as levied on January 1 of the payable year.
    Subd. 1b. Manufactured home; exemption. The provisions of subdivision 1a shall not
apply to (1) a manufactured home which is sold or otherwise disposed of pursuant to section
504B.271 by the owner of a manufactured home park as defined in section 327.14, subdivision
3 , or (2) a manufactured home which is sold pursuant to section 504B.265 by the owner of a
manufactured home park.
    Subd. 1c. Manufactured home; exemption for destruction. The provisions of subdivision
1a do not apply if title is to be transferred to an owner of a manufactured home park as defined
in section 327.14, subdivision 3, who provides to the county auditor or treasurer a notarized
statement that the manufactured home is to be destroyed or moved to a site and destroyed.
    Subd. 2. Record of certificates issued. (a) The department shall maintain a record of all
certificates of title issued by it:
(1) under a distinctive title number assigned to the vehicle;
(2) by vehicle identifying number;
(3) alphabetically, under the name of the owner.
(b) Such record shall consist of the certificate of title, including the notations of all security
interests recorded, assigned, terminated, or released and liens filed pursuant to a court order or by
a public authority responsible for child support enforcement of which the department has notice,
of duplicate certificates issued or applied for, and such other information as the department
may deem proper.
    Subd. 3. Content of certificate. Each certificate of title issued by the department shall
contain:
(1) the date issued;
(2) the first, middle, and last names, the dates of birth, and addresses of all owners who are
natural persons, the full names and addresses of all other owners;
(3) the names and addresses of any secured parties in the order of priority as shown on the
application, or if the application is based on a certificate of title, as shown on the certificate, or
as otherwise determined by the department;
(4) any liens filed pursuant to a court order or by a public agency responsible for child
support enforcement against the owner;
(5) the title number assigned to the vehicle;
(6) a description of the vehicle including, so far as the following data exists, its make, model,
year, identifying number, type of body, whether new or used, and if a new vehicle, the date of
the first sale of the vehicle for use;
(7) with respect to motor vehicles subject to the provisions of section 325E.15, the true
cumulative mileage registered on the odometer or that the actual mileage is unknown if the
odometer reading is known by the owner to be different from the true mileage;
(8) with respect to vehicles subject to sections 325F.6641 and 325F.6642, the appropriate
term "flood damaged," "rebuilt," "prior salvage," or "reconstructed";
(9) with respect to a vehicle contaminated by methamphetamine production, if the registrar
has received the certificate of title and notice described in section 152.0275, subdivision 2,
paragraph (g), the term "hazardous waste contaminated vehicle"; and
(10) any other data the department prescribes.
    Subd. 4. Vehicle last registered out of state. Unless a bond is filed as provided in section
168A.07, subdivision 1, clause (2), a distinctive certificate of title shall be issued for a vehicle last
previously registered in another state or country, the laws of which do not require that secured
parties be named on a certificate of title to perfect their security interests. The certificate shall
contain the legend "This vehicle may be subject to an undisclosed lien" and may contain any
other information the department prescribes. If no notice of a security interest in the vehicle is
received by the department within four months from the issuance of the distinctive certificate of
title, it shall, upon application and surrender of the distinctive certificate, issue a certificate of
title in ordinary form.
    Subd. 5. Forms. (a) The certificate of title shall contain forms:
(1) for assignment and warranty of title by the owner;
(2) for assignment and warranty of title by a dealer;
(3) to apply for a certificate of title by a transferee;
(4) to name a secured party; and
(5) to make the disclosure required by section 325F.6641.
(b) The certificate of title must also include a separate detachable postcard entitled "Notice
of Sale" that contains, but is not limited to, the vehicle's title number and vehicle identification
number. The postcard must include sufficient space for the owner to record the purchaser's
name, address, and driver's license number, if any, and the date of sale. The notice of sale must
include clear instructions regarding the owner's responsibility to complete and return the form,
or to transmit the required information electronically in a form acceptable to the commissioner,
pursuant to section 168A.10, subdivision 1.
    Subd. 5a. Pollution control equipment disclosure. The certificate of title shall contain
a disclosure by the transferor of the condition of the vehicle's pollution control equipment as
required by section 325E.0951. The disclosure must be in a format as prescribed by the registrar.
    Subd. 6. Evidentiary effect of certificate. A certificate of title issued by the department is
prima facie evidence of the facts appearing on it.
    Subd. 7. Judicial process relating to certificate or vehicle. A certificate of title for a vehicle
is not subject to garnishment, attachment, execution, or other judicial process, but this subdivision
does not prevent a lawful levy upon the vehicle or the lawful enforcement of an administrative
lien or judgment debt or lien filed pursuant to a court order or by a public authority responsible for
child support enforcement.
    Subd. 8. Liens filed for enforcement of child support. This subdivision applies if the court
or a public authority responsible for child support enforcement orders or directs the commissioner
to enter a lien, as provided in section 518A.67. If a certificate of title is applied for by the owner,
the department shall enter a lien on the title in the name of the state of Minnesota or in the
name of the obligee in accordance with the notice if the value of the motor vehicle determined
in accordance with either the definitions of section 297B.01, subdivision 8, or the retail value
described in the N.A.D.A. Official Used Car Guide, Midwest Edition, for the current year exceeds
the exemption allowed in section 550.37. The lien on the title is subordinate to any bona fide
purchase money security interest under section 336.9-103 regardless of when the purchase money
security interest is perfected. With respect to all other security interests, the lien is perfected
as of the date entered on the title.
    Subd. 9. Neighborhood electric vehicle; certificate required. Neighborhood electric
vehicles, as defined in section 169.01, subdivision 91, must be titled as specified in section
168A.02. The department shall not issue a title for a neighborhood electric vehicle (1) that
lacks a vehicle identification number, and (2) for which a manufacturer's certificate of origin
clearly labeling the vehicle as a neighborhood electric vehicle or similar designation has not
been issued. The department shall not issue a vehicle identification number to a homemade
neighborhood electric or low-speed vehicle or retrofitted golf cart, and such vehicles do not
qualify as neighborhood electric vehicles.
History: 1971 c 162 s 5; 1977 c 105 s 2; 1977 c 370 s 3; 1989 c 148 s 3,4; 1989 c 188 s 3,4;
1993 c 93 s 6,7; 1995 c 257 art 1 s 2-5; 1997 c 245 art 1 s 1; 1999 c 238 art 2 s 10; 2001 c 195
art 2 s 7; 2002 c 371 art 1 s 17; 2002 c 377 art 4 s 1,2; 2003 c 127 art 2 s 2; 2005 c 136 art 7 s
13; 2005 c 151 art 5 s 1; 2005 c 164 s 29; 1Sp2005 c 3 art 1 s 1; 1Sp2005 c 7 s 28; 2006 c 189 s 3