(a) Notwithstanding any requirement in this chapter that a lien on a motor vehicle shall be noted on the face of the certificate of title, if there are one or more liens or encumbrance on a vehicle, trailer, semitrailer, pole trailer, factory-built home or recreational vehicle, the division may electronically transmit the lien to the first lienholder and notify the first lienholder of any additional liens. Subsequent lien satisfactions may be electronically transmitted to the division and shall include the name and address of the person satisfying the lien and any other information required by the division as a condition of participating in the electronic lien information exchange program.
(b) The division may enter into agreements with a service provider or providers to administer the electronic exchange of lien information between dealers, financial institutions and the division. For the purposes of this section the term financial institutions shall have the same meaning as defined in section ten-b, article six of this chapter.
(c) When electronic transmission of liens and lien satisfaction is used, a hard copy certificate of title need not be issued until the last lien is satisfied and a clear hard copy certificate of title is issued to the owner of the vehicle. When a vehicle is subject to an electronic lien, the certificate of title for the vehicle shall be considered to be physically held by the lienholder for the purpose of compliance with state and federal odometer disclosure requirements and for any other requirement of this code. A duly certified copy of the division's electronic record of the lien shall be admissible in any civil, criminal or administrative proceeding in this state as evidence of the existence of the lien.
(d) For the purposes of this chapter, whenever reference is made by this code to the physical production of a certificate of title as a paper document, or reference to the completion of information related to recording a lien as a paper document, the reference shall be understood to also include the transmission and recordation of the information in an electronic format.
Structure West Virginia Code
§17A-4A-1. Certificate to Show Liens or Encumbrances
§17A-4A-2. Liens and Encumbrances Subsequently Created
§17A-4A-2a. Electronic Transfer of Liens
§17A-4A-4. Purchase Money Lien or Encumbrance; Effective Date of Lien; Dealer to Record Lien; Fees
§17A-4A-5. Priority of Liens Shown on Certificate
§17A-4A-7. Release of Lien or Encumbrance Shown on Certificate of Title
§17A-4A-8. Failure to Execute Release or to Surrender Certificate When Lien Paid
§17A-4A-9. Levy of Execution, etc.
§17A-4A-10. Fee for Recording and Release of Lien
§17A-4A-12. Article Not to Apply to Certain Common-Law and Statutory Liens
§17A-4A-13. Article Not to Apply to Vehicle Accessories
§17A-4A-15. Expiration of Lien or Encumbrance; Refiling
§17A-4A-16. Vehicle Leases Which Are Not Sales or Security Interests