New York Laws
Article 46 - Uniform Vehicle Certificate of Title Act
2118 - Perfection of Security Interests.

(a) Unless excepted by
section two thousand one hundred three 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 without knowledge of the
security interest unless perfected as provided in this section. A
purchase money security interest in a vehicle is perfected against the
rights of judicial lien creditors and execution creditors on and after
the date such purchase money security interest is created.
(b) (1) A security interest is perfected:
(A) By the delivery to the commissioner of (i) the existing
certificate of title, if any, an application for a certificate of title
containing the name and address of the lienholder and the required fee
or (ii) a notice of lien evidencing a lien arising under section two
hundred eleven of the lien law and section one hundred eleven-u of the
social services law;
(B) As of the time of its creation if the delivery is completed within
ten days thereafter, otherwise, as of the time of delivery.
(2) A security interest in a vehicle provided for in a security
agreement made by a person before he becomes the owner of the vehicle or
arising under section two hundred eleven of the lien law and section one
hundred eleven-u of the social services law:
(A) Is deemed to be created at the time of the sale or transfer of the
vehicle to him;
(B) If not perfected under paragraph one of this subdivision is
perfected by the lienholder delivering to the commissioner a notice of
security interest in the form the commissioner prescribes and the
required fee or a notice of lien, but only if the delivery is completed
before the commissioner issues a certificate of title of the vehicle
containing the name of the owner as owner;
(C) If so perfected, is perfected as of the time of the sale or
transfer of the vehicle to him if the delivery is completed within ten
days thereafter, otherwise, as of the time of delivery;
(D) Is subject and subordinate to a security interest, perfected in
accordance with paragraph one of this subdivision, of a lienholder
without knowledge of it.
(3) The commissioner shall file each notice of security interest
delivered to him with the required fee and shall maintain a record,
under the identifying number of the vehicles, of all notices of security
interests filed by him.
(4) The commissioner shall file each notice of lien delivered to him
and shall maintain a record pursuant to the agreement set forth in
section twenty-one hundred five-a of this article.
(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 thirty 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 a currently effective
certificate of title issued by that jurisdiction, his security interest
continues perfected in this state.
(B) If the name of the lienholder is not shown on a currently
effective 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.
(d) A security interest noted on a certificate of title to a vehicle
which is a mobile home or a manufactured home shall have priority over
any other subsequent liens or security interests except for those set
forth in subdivision (c) of section two thousand one hundred three of
this article.
(e) After a certificate of title has been issued in this state for a
vehicle which is a mobile home or a manufactured home, and as long as
the vehicle which is a mobile home or a manufactured home is subject to
any security interest perfected pursuant to this section, the
commissioner shall not revoke the certificate of title, and, in any
event, the validity and priority of any security interest perfected
pursuant to this section shall continue, notwithstanding the provision
of any other law, including but not limited to section 9--303 and
section 9-313 of the uniform commercial code.