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Colorado Certificate of Title Act Did Not Supersede Colorado UCC

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By FindLaw Staff on July 26, 2010 10:13 AM

In re: Roser, No. 09-1341, involved a creditor's appeal from the bankruptcy court's order holding that the trustee in a Chapter 7 proceeding could avoid a creditor's lien.  The court of appeals reversed on the ground that the Colorado Certificate of Title Act (CCTA) did not supersede Colorado UCC section 4-9-317(e) because the provision did not govern the manner or timing of the perfection of liens, and governed only the priority of a lien and was not inconsistent with the CCTA.

As the court wrote:  "On May 19, 2007, Sovereign Bank gave Robert James Roser a secured loan to purchase a motor vehicle, and he took possession of the vehicle that day. Nineteen days later, on June 7, the Bank filed its lien in compliance with the Colorado Certificate of Title Act (CCTA), Colo.Rev.Stat. § 42-6-121 (2007). Because the Colorado Uniform Commercial Code (Colorado UCC), which closely tracks the Uniform Commercial Code (UCC), gives priority over other security interests to a purchase-money security interest that is filed within 20 days of the purchaser's taking delivery of the collateral, see Colo.Rev.Stat. § 4-9-317(e) (2007), the Bank felt secure."

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