Mississippi Code
Miss. Code Ann. § 63-21-43 (2026)
Perfection of security interests
✓ current as of July 2026
- (1) Unless excepted by Section 63-21-41, a security interest in a vehicle, manufactured home or mobile home of a type which a certificate of title is required is not valid against creditors of the owner or subsequent transferees or lienholders of the vehicle, manufactured home or mobile home unless perfected as provided in this chapter.
- (2)
- (a) A security interest is perfected at the time the owner signs a security agreement describing the vehicle, manufactured home or mobile home, the secured party gives value, the owner has rights in the vehicle, manufactured home or mobile home, and an application for certificate of title signed by the owner is presented to a designated agent; provided, however, that a purchase money security interest under Chapter 9, Title 75 (Uniform Commercial Code - secured transactions) in a mobile home or a manufactured home is perfected against the rights of judicial lien creditors and execution creditors on and after the date such purchase money security interest attaches.
- (b) The designated agent shall deliver to the Department of Revenue the existing certificate of title, if any, an application for a certificate of title containing the name and address of the lienholder and the date of his security agreement, and the required fee, but the security interest will perfect at the time the requirements of subsection 2(a) of this section are met.
- (3) If a vehicle, manufactured home or mobile home 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, manufactured home or mobile home was when the security interest attached, subject to the following:
- (a) If the parties understood at the time the security interest attached that the vehicle, manufactured home or mobile home would be kept in this state and it was brought into this state within thirty (30) 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.
- (b) If the security interest was perfected under the law of the jurisdiction where the vehicle, manufactured home or mobile home was when the security interest attached, the following rules apply:
- (i) If the name of the lienholder is shown on an existing certificate of title issued by that jurisdiction, his security interest continues perfected in this state.
- (ii) If the name of the lienholder is not shown on an existing certificate of title issued by that jurisdiction the security interest continues perfected in this state for four (4) months after a first certificate of title of the vehicle, manufactured home or mobile home is issued in this state, and also thereafter if, within the period of four (4) months, it is perfected in this state. The security interest may also be perfected in this state after the expiration of the period of four (4) months, in which case perfection dates from the time of perfection in this state.
- (c) If the security interest was not perfected under the law of the jurisdiction where the vehicle, manufactured home or mobile home was when the security interest attached, it may be perfected in this state, in which case perfection dates from the time of perfection in this state.
- (d) A security interest may be perfected under paragraph (b)(ii) or paragraph (c) of this subsection, either as provided in subsection (2), or by the holder of the lien created out of this state delivering to a county tax collector or a designated agent a notice of security interest in the form the Department of Revenue prescribes, together with documents to support the security interest as required by the Department of Revenue and the required fee. The county tax collector or a designated agent shall process said notice in the manner prescribed by the Department of Revenue.
Codes, 1942, § 8125-41; Laws, 1968, ch. 531, § 21; Laws, 1970, ch. 483, § 6; Laws, 1977, ch. 313; Laws, 1995, ch. 437, § 1; Laws, 1999, ch. 556, § 22, eff. 7/1/1999.
Amended by Laws, 2018, ch. 401, HB 827,§ 9, eff. 1/1/2019.
Notes of Decisions
Cited in 6
cases, 1993–2018 · leading case: Davis v. Guar. Bank & Trust Co., 58 So. 3d 1233 (Miss. Ct. App. 2011).
Davis v. Guar. Bank & Trust Co., 58 So. 3d 1233 (Miss. Ct. App. 2011). “Miss.Code Ann. § 63-21-43 (Rev.2004). “A security interest is perfected at the time the owner signs a security agreement describing the vehicle .”
In the Matter of Heard Fam. Trucking, Inc., Debtor. Orix Credit All., Inc. v. Heard Fam. Trucking, Inc., & J.C. Bell, Jr., 41 F.3d 1027 (5th Cir. 1995). “The court read Miss.Code Ann. § 63-21-43 (1989) to require a proper Mississippi title in order to perfect a security interest in the Freight-liner.”
Orix Credit All., Inc. v. Heard Fam. Trucking, Inc., 177 B.R. 68 (S.D. Miss. 1994). “Here, the court has reviewed the statutes upon which the bankruptcy court relied — in particular, Miss. Code Ann. § 63-21-43 — and concludes that reliance on this statute is inappropriate under these circumstances, and that the court must reverse the bankruptcy court’s ruling.”
Bobby Regan v. Citizens Bk (Miss. 1993). “See Miss. Code Ann. § 63-21-43 (2). ¶3. Regan Contractors, Inc.”
Regan v. Citizens Bank, 675 So. 2d 1239 (Miss. 1996). “The Bank responds that the Chancellor was correct in determining that Miss.Code Ann. § 63-21-43, the applicable section under the Mississippi Motor Vehicle Title Law, operated to preclude the Regans’ claim against the Bank, that the Regans did not perfect their security interest…”
Nat'l Truck Funding LLC v. Yolo Capital Inc. (In re Nat'l Truck Funding LLC), 589 B.R. 294 (Bankr. S.D. Miss. 2018). “See Miss. Code Ann. § 63-21-43 (1), -45, -55.”
— Miss. Code Ann. § 63-21-43(1) — 3 cases
Davis v. Guar. Bank & Trust Co., 58 So. 3d 1233 (Miss. Ct. App. 2011). “Miss.Code Ann. § 63-21-43 (Rev.2004). “A security interest is perfected at the time the owner signs a security agreement describing the vehicle .”
Orix Credit All., Inc. v. Heard Fam. Trucking, Inc., 177 B.R. 68 (S.D. Miss. 1994). “Here, the court has reviewed the statutes upon which the bankruptcy court relied — in particular, Miss. Code Ann. § 63-21-43 — and concludes that reliance on this statute is inappropriate under these circumstances, and that the court must reverse the bankruptcy court’s ruling.”
Regan v. Citizens Bank, 675 So. 2d 1239 (Miss. 1996). “The Bank responds that the Chancellor was correct in determining that Miss.Code Ann. § 63-21-43, the applicable section under the Mississippi Motor Vehicle Title Law, operated to preclude the Regans’ claim against the Bank, that the Regans did not perfect their security interest…”
— Miss. Code Ann. § 63-21-43(2) — 3 cases
Orix Credit All., Inc. v. Heard Fam. Trucking, Inc., 177 B.R. 68 (S.D. Miss. 1994). “Here, the court has reviewed the statutes upon which the bankruptcy court relied — in particular, Miss. Code Ann. § 63-21-43 — and concludes that reliance on this statute is inappropriate under these circumstances, and that the court must reverse the bankruptcy court’s ruling.”
Regan v. Citizens Bank, 675 So. 2d 1239 (Miss. 1996). “The Bank responds that the Chancellor was correct in determining that Miss.Code Ann. § 63-21-43, the applicable section under the Mississippi Motor Vehicle Title Law, operated to preclude the Regans’ claim against the Bank, that the Regans did not perfect their security interest…”
Nat'l Truck Funding LLC v. Yolo Capital Inc. (In re Nat'l Truck Funding LLC), 589 B.R. 294 (Bankr. S.D. Miss. 2018). “See Miss. Code Ann. § 63-21-43 (1), -45, -55.”
— Miss. Code Ann. § 63-21-43(2)(b) — 1 case
Davis v. Guar. Bank & Trust Co., 58 So. 3d 1233 (Miss. Ct. App. 2011). “Miss.Code Ann. § 63-21-43 (Rev.2004). “A security interest is perfected at the time the owner signs a security agreement describing the vehicle .”
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