House File 582 - Introduced



                                       HOUSE FILE       
                                       BY  CHAMBERS


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the procedure for releasing a security
  2    interest in a snowmobile, an all=terrain vehicle, or a vessel.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2446YH 82
  5 dea/je/5

PAG LIN



  1  1    Section 1.  Section 321G.32, subsection 3, Code 2007, is
  1  2 amended by striking the subsection and inserting in lieu
  1  3 thereof the following:
  1  4    3.  When a security interest is discharged, the secured
  1  5 party shall note the cancellation of the security interest on
  1  6 the face of the certificate of title and send the title by
  1  7 first class mail to the office of the county recorder where
  1  8 the title was issued, or the secured party shall send a
  1  9 notarized letter by first class mail to the county recorder
  1 10 where the title was issued notifying the county recorder of
  1 11 the cancellation of the security interest.  The county
  1 12 recorder shall note the release of the security interest in
  1 13 the county records as evidence of the release of the security
  1 14 interest.
  1 15    Sec. 2.  Section 321I.34, subsection 3, Code 2007, is
  1 16 amended by striking the subsection and inserting in lieu
  1 17 thereof the following:
  1 18    3.  When a security interest is discharged, the secured
  1 19 party shall note the cancellation of the security interest on
  1 20 the face of the certificate of title and send the title by
  1 21 first class mail to the office of the county recorder where
  1 22 the title was issued, or the secured party shall send a
  1 23 notarized letter by first class mail to the county recorder
  1 24 where the title was issued notifying the county recorder of
  1 25 the cancellation of the security interest.  The county
  1 26 recorder shall note the release of the security interest in
  1 27 the county records as evidence of the release of the security
  1 28 interest.
  1 29    Sec. 3.  Section 462A.84, subsection 3, Code 2007, is
  1 30 amended by striking the subsection and inserting in lieu
  1 31 thereof the following:
  1 32    3.  When a security interest is discharged, the secured
  1 33 party shall note the cancellation of the security interest on
  1 34 the face of the certificate of title and send the title by
  1 35 first class mail to the office of the county recorder where
  2  1 the title was issued, or the secured party shall send a
  2  2 notarized letter by first class mail to the county recorder
  2  3 where the title was issued notifying the county recorder of
  2  4 the cancellation of the security interest.  The county
  2  5 recorder shall note the release of the security interest in
  2  6 the county records as evidence of the release of the security
  2  7 interest.
  2  8                           EXPLANATION
  2  9    This bill provides a new mechanism for processing the
  2 10 cancellation of a security interest in a snowmobile,
  2 11 all=terrain vehicle, or watercraft.  Currently, the secured
  2 12 party is required to present the certificate of title to the
  2 13 county recorder upon filing a release statement, and a new or
  2 14 endorsed certificate is issued to the owner.  Under the bill,
  2 15 the secured party shall note the cancellation of the security
  2 16 interest on the title and mail it to the county recorder, who
  2 17 shall note the release in the county records and attach the
  2 18 letter of cancellation to the certificate of title as evidence
  2 19 of the release of the security interest.  As an alternative,
  2 20 the secured party may notify the county recorder of the
  2 21 cancellation of the security interest by sending a notarized
  2 22 letter to the county recorder.
  2 23 LSB 2446YH 82
  2 24 dea:nh/je/5