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NC General Statutes

N.C. Gen. Stat. § 20-58.2 (2026)

Date of perfection

✓ current as of July 2026
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If the application for notation of security interest with the required fee is delivered to the Division within 20 days after the date of the security agreement, the security interest is perfected as of the date of the execution of the security agreement.  Otherwise, the security interest is perfected as of the date of delivery of the application to the Division. (1961, c. 835, s. 6; 1969, c. 838, s. 1; 1975, c. 716, s. 5; 1991, c. 414, s. 1.)

 

Notes of Decisions
Cited in 11 cases, 1964–2019 · leading case: In re Riddlesprigger, 603 B.R. 824 (2019).
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In re Riddlesprigger, 603 B.R. 824 (2019). “5/3-202 ; N.C. Gen. Stat. Ann. § 20-58.2 ; Tenn. Code Ann.”
In Re Holder, 94 B.R. 395 (Bankr. M.D.N.C. 1988). · cites it 4× “section 20-58.2 (Michie 1983). In re Millerburg, 61 B.”
Bank of Alamance v. Isley, 328 S.E.2d 867 (N.C. Ct. App. 1985). · cites it 4× “1(c) provides that where a security interest is obtained in the motor vehicle from the transferee in payment of the purchase price or otherwise, the transferor shall deliver the manufacturer’s certificate of origin to the lienholder and the lienholder shall forthwith forward the…”
In Re Millerburg, 61 B.R. 125 (Bankr. E.D.N.C. 1986). “§ 20-58.2. In this case, perfection by both means occurred in January, 1986, within 90 days of the debtor’s bankruptcy petition and more than 4 months after September 5, 1985, the date GMAC’s lien attached.”
Ferguson v. Morgan, 191 S.E.2d 817 (N.C. 1972). · cites it 3× “Similarly, G.S. 20-58.2 provides expressly that the security interest evidenced by a security agreement is perfected as of the date of the delivery of the application to the Department and the payment of the required fee.”
Wachovia Bank & Trust Co. v. Holder (In Re Holder), 94 B.R. 394 (M.D.N.C. 1988). · cites it 2× “Pursuant to N.C.Gen.Stat. § 20-58.2, the security interest of Wacho-via in the truck was perfected on the date of delivery of the application to the Division of Motor Vehicles, i.”
Peoples Sav. & Loan Ass'n v. Citicorp Acceptance Co., 407 S.E.2d 251 (N.C. Ct. App. 1991). “G.S. 20-58.2 provides that perfection of a security interest in a motor vehicle occurs when the application and proper fee are delivered to the Department of Motor Vehicles.”
Carter v. Holland (In Re Carraway), 65 B.R. 51 (Bankr. E.D.N.C. 1986). “§ 20-58.2 which says [i]f the application for notation of security interest with the required fee is delivered to the Division within 10 days after the date of the security agreement, the security interest is perfected as of that date.”
Ferguson v. Morgan, 188 S.E.2d 672 (N.C. Ct. App. 1972). · cites it 12× “" G.S. § 20-58.2 provides: "Date of perfection.”
Wachovia Bank & Trust Co. v. Wayne Fin. Co., 138 S.E.2d 481 (N.C. 1964). “The place where the lien is to be recorded is changed from the office of the Register of Deeds to the Department of Motor Vehicles, G.S. 20-58.2. Now the lien, if the agreement to pay is filed with the Department within ten days from its date, relates back to the day the lien…”
Butler v. Green Tree Fin. Servicing Corp. (In Re Wester), 229 B.R. 348 (Bankr. E.D.N.C. 1998). · cites it 2× “N.C. Gen. Stat. § 20-58.2 . 10. During all relevant times following placement of the mobile home on the real property, the mobile home could be broken down into units and transported on its own chassis, wheels, and towing tongue, after reinstallation as necessary.”
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