Wisconsin Statutes

Wis. Stat. § 342.19 (2026)

Perfection of security interests

✓ current as of July 2026
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342.19342.19Perfection of security interests.
342.19(1)(1)Unless excepted by s. 342.02, a security interest in a vehicle of a type for which a certificate of title is required is not valid against creditors of the owner or subsequent transferees or secured parties of the vehicle unless perfected as provided in this chapter.
342.19(2)(2)
342.19(2)(a)(a) Except as provided in sub. (2m), a security interest is perfected in one of the following ways:
342.19(2)(a)1.1. If the secured party is an individual or a person exempted by rule under s. 342.245 (3), by the delivery to the department of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the secured party, and the required fee.
342.19(2)(a)2.2. Except as provided in s. 342.245 (3), if the secured party is not an individual, by the filing of a security interest statement containing the name and address of the secured party, and payment of the required fee, in the manner specified in s. 342.245 (1).
342.19(2)(b)(b) A security interest is perfected as of the later of the following:
342.19(2)(b)1.1. The time of delivery to the department of the certificate of title if perfection occurs under par. (a) 1. or of the application if perfection occurs under par. (a) 2.
342.19(2)(b)2.2. The time of the attachment of the security interest.
342.19(2m)(2m)If a secured party whose name and address is contained on the certificate of title for a vehicle acquires a new or additional security interest in the vehicle, such security interest is perfected at the time of its attachment under s. 409.203.
342.19(3)(3)An unperfected security interest is subordinate to the rights of persons described in ss. 409.317 and 409.323.
342.19(4)(4)The rules of priority stated in s. 409.322, the other sections therein referred to, and subch. III of ch. 409 shall, to the extent appropriate, apply to conflicting security interests in a vehicle of a type for which a certificate of title is required. A security interest perfected under this section is a security interest perfected otherwise than by filing for purposes of subch. III of ch. 409.
342.19(5)(5)The rules stated in subch. VI of ch. 409 governing the rights and duties of secured parties and debtors and the requirements for, and effect of, disposition of a vehicle by a secured party, upon default shall, to the extent appropriate, govern the rights of secured parties and owners with respect to security interests in vehicles perfected under this chapter.
342.19(6)(6)If a vehicle is subject to a security interest when brought into this state, s. 409.316 states the rules which apply to determine the validity and perfection of the security interest in this state.
342.19 AnnotationThis chapter, not ch. 409, governs the perfection of security interests in motor vehicles, but the creation of security interests is governed by ch. 409. Milwaukee Mack Sales, Inc. v. First Wisconsin National Bank of Milwaukee, 93 Wis. 2d 589, 287 N.W.2d 708 (1980).
342.19 AnnotationRegistration of goods under commercial law is conceptually distinct from registration of vehicles under vehicle registration laws. For a security interest perfected in another state to become unperfected, the requirement of “registration” in s. 409.103 (2) (b) requires both registration and issuance of a certificate of title. Dubis v. General Motors Acceptance Corp., 2000 WI App 209, 238 Wis. 2d 608, 618 N.W.2d 266, 99-2638.
Notes of Decisions
Cited in 17 cases, 1979–2019 · leading case: McLaughlin v. Sec. Pac. Hous. Servs. (In Re McLaughlin), 183 B.R. 171 (Bankr. W.D. Wis. 1995).
McLaughlin v. Sec. Pac. Hous. Servs. (In Re McLaughlin), 183 B.R. 171 (Bankr. W.D. Wis. 1995). · cites it 6× “Wis.Stat. § 342.19 (1993-94). In Wisconsin, a Manufacturers Statement of Origin ("MSO”) is required to perfect a security interest in a new vehicle.”
Scaffidi v. Kenosha City Credit Union (In Re Moeri), 300 B.R. 326 (Bankr. E.D. Wis. 2003). · cites it 2× “§ 342.19 1 , a lien is perfected upon delivery of the prerequisite documents and fee to the Wisconsin Department of Transportation (“Department”).”
State v. Frankwick, 599 N.W.2d 893 (Wis. Ct. App. 1999). · cites it 8× “We must presume the legislature knew that application for a new title when perfecting a security interest is done under § 342.19, Stats. See State v. Trongeau, 135 Wis.”
United Gen. Leasing, Inc. v. Gehrke Enter., Inc. (In Re Gehrke Enter., Inc.), 1 B.R. 647 (Bankr. W.D. Wis. 1979). · cites it 2× “The certificates of title are not in evidence and, therefore, the compliance of Leasing with the provisions of the Vehicle Title and Anti-theft Law, Wis.Stat. § 342.19 through § 342.24, which relate to the perfection of security interests in vehicles cannot be determined.”
Marquez v. Mercedes-benz USA, LLC, 2008 WI App 70 (Wis. Ct. App. 2008). · cites it 2× “See Wis. Stat. § 342.19 (2). The Lemon Law requires the manufacturer to "refund [the purchase price and other costs] to the consumer and to any holder of a perfected security interest in the consumer's motor vehicle, as their interest may appear.”
In Re Crawford, 397 B.R. 461 (Bankr. E.D. Wis. 2008). · cites it 2× “Chapter 342 of the Wisconsin Statutes, specifically Wis. Stat. § 342.19 , governs the perfection of security interests in motor vehicles in Wisconsin.”
Dubis v. Gen. Motors Acceptance Corp., 2000 WI App 209 (Wis. Ct. App. 2000). · cites it 3× “§ 342.19. See State v. Frankwick, 229 Wis.”
Milwaukee MacK Sales, Inc. v. First Wisconsin Nat'l Bank of Milwaukee, 287 N.W.2d 708 (Wis. 1980). “A security interest in a motor vehicle subject to the vehicle registration statutes can only be perfected by compliance with sec. 342.19, Stats. It is therefore clear that the Bank’s filing of a Financing Statement with the Secretary of State failed to perfect an interest in the…”
In Re: Judith K. Baker, Debtor. Appeal Of: Claire Ann Resop, 430 F.3d 858 (7th Cir. 2005). “Wis. Stat. § 342.19 (6) provides: “If a vehicle is subject to a security interest when brought into this state, § 409.”
Arthur Glick Truck Sales, Inc. v. Stuphen East Corp., 914 F. Supp. 2d 529 (S.D.N.Y. 2012). “See Wis. Stat. Ann. §§ 342.19 , 342.20. . It is unnecessary to engage in a full choice-of-law analysis to resolve this dispute.”
In Re Nowak, 43 B.R. 545 (Bankr. W.D. Wis. 1984). “§ 342.19 on the date of the filing of the debtors’ petition and schedules.”
Rameker v. Hollinsed (In Re Hollinsed), 54 B.R. 155 (Bankr. W.D. Wis. 1984). “§ 342.19 on the date of the filing of the debtors’ petition and schedules.”
— Wis. Stat. § 342.19(2) — 3 cases
McLaughlin v. Sec. Pac. Hous. Servs. (In Re McLaughlin), 183 B.R. 171 (Bankr. W.D. Wis. 1995). “Wis.Stat. § 342.19 (1993-94). In Wisconsin, a Manufacturers Statement of Origin ("MSO”) is required to perfect a security interest in a new vehicle.”
State v. Frankwick, 599 N.W.2d 893 (Wis. Ct. App. 1999). “We must presume the legislature knew that application for a new title when perfecting a security interest is done under § 342.19, Stats. See State v. Trongeau, 135 Wis.”
Swanson v. Gen. Motors Acceptance Corp. (In Re Kahl), 316 B.R. 919 (Bankr. E.D. Wis. 2003).
— Wis. Stat. § 342.19(3) — 1 case
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.