(1) Except
as provided in section 60-164, no person acquiring a vehicle from the owner
thereof, whether such owner is a manufacturer, importer, dealer, or entity
or person, shall acquire any right, title, claim, or interest in or to such
vehicle until the acquiring person has had delivered to him or her physical
possession of such vehicle and (a) a certificate of title
or a duly executed manufacturer's or importer's certificate with such assignments
as are necessary to show title in the purchaser, (b) a
written instrument as required by section 60-1417, (c) an
affidavit and notarized bill of sale as provided in section 60-142.01, or (d) a bill of sale for a parts vehicle
as required by section 60-142.
(2) No waiver or estoppel
shall operate in favor of such person against a person having physical possession
of such vehicle and such documentation. No court shall recognize the right,
title, claim, or interest of any person in or to a vehicle, for which a certificate
of title has been issued in Nebraska, sold, disposed of, mortgaged, or encumbered,
unless there is compliance with this section. Beginning on the implementation
date of the electronic title and lien system designated by the director pursuant
to section 60-164, an electronic certificate of title record shall be evidence
of an owner's right, title, claim, or interest in a vehicle.
Notes of Decisions
Found. One Bank v. Svoboda, 303 Neb. 624 (Neb. 2019).
· cites it 3× “The relevant portion of § 60-140(1) provides: [No] person acquiring a vehicle from the owner thereof .”
McCoolidge v. Oyvetsky, 874 N.W.2d 892 (Neb. 2016).
· cites it 4× “”8 McCoolidge directs us to § 60-140 of the Motor Vehicle Certificate of Title Act, which we have referred to as an “inval- idating provision.”
James Francis Farrell (Bankr. D. Neb. 2019).
· cites it 6× “Acquisition of vehicle; proof of ownership; effect (1) [N]o person acquiring a vehicle from the owner thereof, whether such owner is a manufacturer, importer, dealer, or entity or person, shall acquire any right, title, claim, or interest in or to such vehicle until the…”
Overcash v. Hidalgo Motors LLC (Bankr. D. Neb. 2021).
· cites it 4× “Defendant relies upon Nebraska’s Motor Vehicle Certificate of Title Act, particularly Neb. Rev. Stat. § 60-140 , which generally provides that a person cannot acquire rights to a motor vehicle unless the certificate of title shows title in the purchaser.”
Found. One Bank v. Svoboda, 303 Neb. 624 (Neb. 2019).
· cites it 3× “Under Neb. Rev. Stat. § 60-140 (Cum. Supp. 2008), in the absence of physical possession of the vehicles, Foundation One did not gain an interest or right to - 633 - Nebraska Supreme Court A dvance Sheets 303 Nebraska R eports FOUNDATION ONE BANK v.”
Neb. Rev. Stat. § 60-140(1): 3 cases
McCoolidge v. Oyvetsky, 874 N.W.2d 892 (Neb. 2016).
“”8 McCoolidge directs us to § 60-140 of the Motor Vehicle Certificate of Title Act, which we have referred to as an “inval- idating provision.”
Found. One Bank v. Svoboda, 303 Neb. 624 (Neb. 2019).
“The relevant portion of § 60-140(1) provides: [No] person acquiring a vehicle from the owner thereof .”
Found. One Bank v. Svoboda, 303 Neb. 624 (Neb. 2019).
“Under Neb. Rev. Stat. § 60-140 (Cum. Supp. 2008), in the absence of physical possession of the vehicles, Foundation One did not gain an interest or right to - 633 - Nebraska Supreme Court A dvance Sheets 303 Nebraska R eports FOUNDATION ONE BANK v.”
Neb. Rev. Stat. § 60-140(2): 1 case
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