(a) A certificate of title, when issued by the division showing a lien or encumbrance, shall be considered from and after the filing with the division of the application therefor or the notice of lien authorized in section four of this article adequate notice to the state and its agencies, boards and commissions, to the United States government and its agencies, boards and commissions, to creditors and to purchasers that a lien against the vehicle exists.
(b) Notwithstanding any other provision of this code to the contrary, and subject to the provisions of subsection (c) of this section, any lien or encumbrance placed on a vehicle by the voluntary act of the owner shall be void as against: (i) Any lien creditor who, without knowledge of the lien, acquires by attachment, levy or otherwise a lien thereupon, unless the lien or encumbrance is noted on the certificate of title, a filed application for certificate of title or the notice of lien authorized in section four of this article; and (ii) any purchaser who, without knowledge of the lien or encumbrance, purchases the vehicle, unless the lien or encumbrance is noted on the certificate of title, a filed application for certificate of title or the notice of lien authorized in section four of this article: Provided, That a purchaser under this subsection who purchases the vehicle without knowledge of the lien or encumbrance and contemporaneously obtains actual physical possession of the vehicle and the certificate of title for the vehicle without the lien or encumbrance noted on the certificate of title, receives the vehicle free and clear of the lien or encumbrance.
(c) The creation and perfection of a lien against: (1) A vehicle held as inventory for sale by a registered dealer holding title by assignment; or (2) a vehicle for which a certificate of title has been issued and is held as inventory for lease by a vehicle rental agency or similar person engaged solely in the business of leasing vehicles in accordance with the provisions of article nine, chapter forty-six of this code shall be deemed adequate notice to the state and its agencies, boards and commissions, to the United States government and its agencies, boards and commissions, to creditors and to purchasers that a lien against the vehicle exists, subject to the provisions of section three hundred seven, article nine, chapter forty-six of this code, except that any lien or encumbrance on such a vehicle shall not be effective against the rights of any purchaser for value who purchases the vehicle primarily for personal, family, household or agricultural purposes unless such lien or encumbrance is recorded on the certificate of title or specified on the bill of sale.
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