Vermont § 2042 - Perfecting security interest
Full text of Vermont Vermont Statutes Online § 2042 — Perfecting security interest, with citation guidance and answers to common questions.
§ 2042. Perfecting security interest
- (a) Unless excepted by section 2041 of this title, a security interest in a vehicle of a type for which a certificate of title is required
is not valid against creditors of the owner or subsequent transferees or lienholders
of the vehicle unless perfected as provided in this subchapter. (b) A security interest is perfected by the delivery to the Commissioner of the existing
certificate of title, if any, an application for a certificate of title containing
the name and address of the lienholder and the date of his or her security agreement,
and the required fee. It is perfected as of the time of its creation if delivery
is completed within 20 days thereafter, otherwise as of the time of the delivery. (c) If a vehicle is subject to a security interest when brought into this State, the validity
of the security interest is determined by the law of the jurisdiction where the vehicle
was when the security interest attached, subject to the following: (1) If the parties understood at the time the security interest attached that the vehicle
would be kept in this State and it was brought into this State within 30 days thereafter
for purposes other than transportation through this State, the validity of the security
interest in this State is determined by the law of this State. (2) If the security interest was perfected under the law of the jurisdiction where the
vehicle was when the security interest attached, the following rules apply: (A) If the name of the lienholder is shown on an existing certificate of title issued
by that jurisdiction, his or her security interest continues perfected in this State. (B) If the name of the lienholder is not shown on an existing certificate of title issued
by that jurisdiction, the security interest continues perfected in this State for
four months after a first certificate of title of the vehicle is issued in this State,
and also thereafter if, within the four-month period, it is perfected in this State.
The security interest may also be perfected in this State after the expiration of
the four-month period; in that case perfection dates from the time of perfection in
this State. (3) If the security interest was not perfected under the law of the jurisdiction where
the vehicle was when the security interest attached, it may be perfected in this State;
in that case, perfection dates from the time of perfection in this State. (4) A security interest may be perfected under subdivision (2)(B) or subdivision (3) of
this subsection either as provided in subsection (b) of this section or by the lienholder
delivering to the Commissioner a notice of security interest in the form the Commissioner
prescribes and the required fee. (Added 1969, No. 297 (Adj. Sess.), § 1, eff. Sept. 1, 1971; amended 1979, No. 38.)
Frequently Asked Questions About Vermont § 2042
What does Vermont Statutes Online § 2042 cover?
Section 2042 ("Perfecting security interest") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Vermont § 2042?
A common citation format is "Vermont Statutes Online § 2042" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Vermont law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.
How does Vermont § 2042 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.