Idaho Code
Idaho Code

Idaho Code § 49-510 (2026)

Liens and encumbrances — Filing — Fee — Notation on certificate — Constructive notice. 

✓ current as of May 2026
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Liens and encumbrances — Filing — Fee — Notation on certificate — Constructive notice. 

(1) No lien or encumbrance on any vehicle registered under the laws of this state created subsequent to December 31, 1986, irrespective of whether such registration was effected prior or subsequent to the creation of the lien or encumbrance, shall be perfected as against creditors or subsequent purchasers or encumbrancers without notice until the holder of the lien or encumbrance, or his successor, agent or assignee, has complied with the requirements of section 49-504, Idaho Code, and has filed the properly completed title application and all required supporting documents with the department or an agent of the department.

(2)  When the holder of a lien or encumbrance, his successor, agent or assignee, has filed with the department or agent of the department a properly completed title application and supporting documents as required by section 49-504, Idaho Code, it shall be the duty of the department or agent of the department to file the same, endorsing on the title application the date of receipt. A lien is perfected as of the date of the filing of a properly completed application with the department or an agent of the department.
(3)  When the department is satisfied as to the genuineness and regularity of the documents submitted, it shall issue a new certificate of title or create a paperless electronic record of the title and lien filing when substantiated by a written agreement as provided in section 49-505, Idaho Code. The title shall contain the name of the owner of the vehicle, the name and address of each holder of a lien or encumbrance, and a statement of all liens or encumbrances which have been filed with the department, together with the date of each lien or encumbrance and the date received by the department or agent of the department. The filing of a lien or encumbrance and the notation of it shall be a condition of perfection and shall constitute constructive notice of the lien or encumbrance and its contents to creditors and subsequent purchasers and encumbrancers. All liens or encumbrances so filed with the department shall be perfected and take priority according to the order in which the same are noted upon the certificate of title or entered into the electronic records of the department.
Notes of Decisions
Cited in 20 cases, 1988–2016 · leading case: Agric. Servs., Inc. v. Fitzgerald (In Re Field), 263 B.R. 323 (Bankr. D. Idaho 2001).
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Agric. Servs., Inc. v. Fitzgerald (In Re Field), 263 B.R. 323 (Bankr. D. Idaho 2001). · cites it 17× “Because no “new” hen was created on the trailers by the assignment, Plaintiff need *330 not comply with the requirements of Idaho Code § 49-510 (1). The scant case law discussing the general purpose of the Motor Vehicle Titles Act supports the Court’s reading of Section…”
Fitzgerald v. First Sec. Bank of Idaho, N.A. (In Re Walker), 161 B.R. 484 (Bankr. D. Idaho 1993). · cites it 29× “The result was a new version of Idaho Code § 49-510 (a copy of which is attached to this Memorandum as an appendix for the convenience of the reader).”
Gugino v. Credit Acceptance Corp. (In re Conklin), 511 B.R. 688 (Bankr. D. Idaho 2014). · cites it 38× “Trustee argues that the applicable state law dictating the rules for perfecting mo *691 tor vehicle liens, Idaho Code § 49-510 , supports his position.”
USAA Fed. Sav. Bank v. Thacker (In Re Taylor), 390 B.R. 654 (9th Cir. BAP 2008). · cites it 4× “Idaho Code Ann. § 49-510 . Put another way, USAA claimed that because it had made its incomplete filing within § 547(c)(3)’s 20-day enabling loan period, and then satisfied Idaho’s relation-back statute when it later submitted its completed VIN inspection affidavit, it should…”
Hergert v. Bank of the West (In Re Hergert), 275 B.R. 58 (Bankr. D. Idaho 2002). · cites it 4× “Idaho 2001), a security interest in vehicles 3 is perfected under Idaho Code § 49-510 (1) by notation of the interest by the Department of Transportation on the title certificate.”
Gugino v. Canyon Fin. of Boise, Inc. (In Re Green), 410 B.R. 904 (Bankr. D. Idaho 2009). · cites it 8× “As stated in Idaho Code § 49-510 (1): No lien or encumbrance on any vehicle registered under the laws of this state .”
Fitzgerald v. First Sec. Bank of Idaho (In Re Walker), 178 B.R. 497 (D. Idaho 1994). · cites it 4× “Under Idaho law, perfection occurs when the filing process defined in Idaho Code § 49-510 is completed. Here, that process was complete as of July 17, 1992, more than ten days after the security interest was created, and more than ten days after the transfer.”
Reynard v. Bank of Am., N.A. (In re Resler), 551 B.R. 835 (Bankr. D. Idaho 2016). · cites it 2× “Idaho Code § 49-510 (2) states that “A lien is perfected as of the date of the filing of a properly completed application with the department or an agent of the department.”
Smith v. Praegitzer, 749 P.2d 1012 (Idaho Ct. App. 1988). · cites it 2× “See I.C. § 49-510 (defining crosswalk). Thus, the jury reasonably could have concluded that Smith was negligent.”
Simplot v. William C. Owens, Md, Pa, 805 P.2d 477 (Idaho Ct. App. 1990). · cites it 2× “I.C. § 49-510. The Act also provides that the purchaser of a motor vehicle acquires no legal right to the vehicle until a certificate of title is issued to him.”
Bank of New York v. Leake (In Re Wuerzberger), 284 B.R. 814 (Bankr. W.D. Va. 2002). “In pertinent part Idaho Code § 49-510 (1) states that "[t]he title shall contain the name and address of each holder of a lien or encumbrance .”
Hillen v. Dennis Dillon Auto Park & Truck Ctr., Inc. (In re Byrd), 546 B.R. 434 (Bankr. D. Idaho 2016). · cites it 2× “Idaho Code § 49-510 (1) (“[n]o lien or encumbrance on any vehicle registered under the laws of this state .”
Show all 20 citing cases →
— Idaho Code § 49-510(1) — 2 cases
Agric. Servs., Inc. v. Fitzgerald (In Re Field), 263 B.R. 323 (Bankr. D. Idaho 2001). “Because no “new” hen was created on the trailers by the assignment, Plaintiff need *330 not comply with the requirements of Idaho Code § 49-510 (1). The scant case law discussing the general purpose of the Motor Vehicle Titles Act supports the Court’s reading of Section…”
Hergert v. Bank of the West (In Re Hergert), 275 B.R. 58 (Bankr. D. Idaho 2002). “Idaho 2001), a security interest in vehicles 3 is perfected under Idaho Code § 49-510 (1) by notation of the interest by the Department of Transportation on the title certificate.”
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