Assocs. Commercial Corp. v. Green (In re Humphries), 1 B.R. 82 (Bankr.D.Utah)
PUBLISHED
Recognizing that the exclusive way to perfect a lien on a motor vehicle in Utah is to obtain a notation of the lien on the certificate of title, the court nonetheless found that an equitable exception to such a rule, set forth in Commerce Bank v. Chambers, 519 F.2d 356 (10th Cir. 1975), applied to the facts presented. In Commerce Bank, the Circuit concluded that, if creditor has done all that was required of it to perfect a lien, it should not be penalized by the debtor's failure to obtain a notation on the title, under a statute similar to Utah's that made it the buyer's responsibility to obtain a new title. In the case before it, the court held that creditor had expended significant effort in its attempt to get debtor to register its lien, including providing all necessary information needed to do so. Therefore, creditor's lien was perfected, and its complaint for reclamation of the vehicle was granted.