(1) Except as provided in this section and sections 42-6-130 and 42-6-148, the provisions of the "Uniform Commercial Code", title 4, C.R.S., relating to the filing, recording, releasing, renewal, priority, and extension of chattel mortgages, as defined in section 42-6-102 (9), do not apply to motor or off-highway vehicles. A mortgage or refinancing of a mortgage intended by the parties to the mortgage or refinancing to encumber or create a lien on a motor vehicle, or to be perfected as a valid lien against the rights of third persons, purchasers for value without notice, mortgagees, or creditors of the owner, must be filed for public record. The department or authorized agent shall note the fact of filing on the owner's certificate of title or bill of sale substantially in the manner provided in section 42-6-121.
This section and section 42-6-121 do not apply to a mortgage or security interestupon a vehicle or motor vehicle held for sale or lease that constitutes inventory as defined in section 4-9-102, C.R.S. The perfection of mortgages or security interests, and the rights of the parties, are governed by article 9 of title 4, C.R.S.
Notwithstanding any provision of law to the contrary, in the case of motor vehicles,off-highway vehicles, or trailers, a lease transaction does not create a sale or security interest solely because it permits or requires the rental price to be adjusted either upward or downward under the agreement by reference to the amount realized upon sale or other disposition of the motor vehicle, off-highway vehicle, or trailer.
The rights of a buyer, lessee, or lien creditor that arise after a mortgage attaches to amotor or off-highway vehicle and before perfection under this article are determined by section 4-9-317, C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2458, § 1, effective January 1, 1995. L. 97: (3) added, p. 333, § 1, effective April 16. L. 2000: (1) amended, p. 1662, § 14, effective July 1, 2001. L. 2001: (2) amended, p. 1448, § 46, effective July 1. L. 2005: (1) amended, p. 817, § 18, effective August 8. L. 2006: (1) amended, p. 1513, § 78, effective June 1; (1) amended, p. 640, § 1, effective July 1. L. 2009: (1) amended and (4) added, (SB 09-150), ch. 182, p. 802, § 3, effective April 22. L. 2013: Entire section amended, (SB 13-280), ch. 407, p. 2385, § 16, effective June 5.
Editor's note: (1) This section is similar to former § 42-6-119 as it existed prior to 1994, and the former § 42-6-120 was relocated to § 42-6-121.
(2) Amendments to subsection (1) by House Bill 06-1391 and Senate Bill 06-163 were harmonized.