28-2133. Index and filing of liens,
encumbrances or instruments; constructive notice
A. The department shall maintain an appropriate index of all liens, encumbrances or
title retention instruments filed as provided by this article.
B. The filing and issuance of a new certificate of title as provided in this
article is constructive notice to creditors of the owner or to subsequent purchasers of
all liens and encumbrances against the vehicle described in the certificate of title,
except those that are authorized by law and that are dependent on possession. If the
documents referred to in this article are received and filed in a registering office of
the department within thirty days after the date of their execution, the constructive
notice dates from the time of execution. Otherwise, the notice dates from the time of
receipt and filing of the documents by the department as shown by its endorsement.
C. The method provided in subsection B of this section for giving constructive
notice of a lien or encumbrance on a vehicle required to be titled and registered under
section 28-2153 or a mobile home required to be titled under section 28-2063 is
exclusive, except for liens dependent on possession. A lien, encumbrance or title
retention instrument or document that evidences any of them and that is filed as provided
by this article is exempt from the provisions of law that otherwise require or relate to
the recording or filing of instruments creating or evidencing title retention or other
liens or encumbrances on vehicles of a type subject to registration under this chapter.
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