Florida/Georgia Personal Injury & Workers Compensation

...Prior to filing his petition, on April 8, 2005, the Debtor financed the purchase of a motor vehicle, a 2002 Lincoln LS ("Vehicle"), which is pledged as collateral for the purchase-money debt owed to Wells Fargo. Wells Fargo's lien is perfected in accordance with Florida Statute § 319.27 (2005), and it is listed as the first lien holder on the Florida certificate of title....

...o an office which provides an expedited service for an extra charge. One can obtain a lien recordation and the issuance of a title certificate on motor vehicles within 72 hours from the time the request is made either in person or by mail. Fla.Stat. 319.27(2) and 319.323 (1979). In Florida, security interests in automobiles are expressly excluded from the operation of the Uniform Commercial Code and liens on motor vehicles are perfected by a notation on the title certificate, F.S. § 319.27(2) (1979), which is issued by the DMV pursuant to Fla.Stat....

...r decision of the court below, and in any event we think it is unnecessary to be decided by us in reaching a decision since we do not agree, as contended by appellant, that Section 319.15, F.S.A., is applicable, but construe the following portion of Section 319.27(2) to be controlling in factual situations such as found here. "* * * Provided, however, that the lien shown on the application for original certificate of title shall take priority over all liens or encumbrances filed subsequent to the date shown on such application. * * *" We have previously held that Section 319.27, F.S.A., controls the rights of the owners of chattel mortgages, conditional sales contracts, or similar instruments covering a motor vehicle....

...rded, according to the statute, before any other lien was recorded. Appellee did file the first application for original certificate of title and its lien was properly shown thereon. Its lien therefore was prior in dignity to the rights of appellee. § 319.27(2), supra....

...Supreme Court of Florida. December 20, 1957. *287 Joseph A. Hackney and Caldwell, Parker, Foster, Wigginton & Miller, Miami, for appellant. Victor H. Eskenas, Miami, for appellee ROBERTS, Justice. On this appeal we are concerned with the impact of Sec. 319.22 and Sec. 319.27(2), Fla....

...ser from the conditional vendor secures good title." See also cases collected in 47 A.L.R. 105, s. 88 A.L.R. 119. On this appeal the finance company contends that, by the clear terms of the Certificate of Title Act, particularly Sec. 319.22 and Sec. 319.27(2), and the decision of this court in Dicks v....

...t, title, claim or interest of any person in or to any such motor vehicle, hereafter sold or disposed of, or mortgaged or encumbered, unless evidenced by and on a certificate of title duly issued, in accordance with the provisions of this law." Sec. 319.27(2), in effect, requires mortgages, trust receipts, conditional sale contracts, and other similar instruments covering a motor vehicle, to be recorded in order to be valid against subsequent purchasers, creditors, mortgagees and other lienholders or claimants....

...icate, and that "the lien shown on the application for original certificate of title shall take priority over all liens or encumbrances filed subsequent to the date shown on such application." First, as to the effect of the recordation statute, Sec. 319.27(2), supra, as constructive notice to a subsequent purchaser from a dealer of the lien of the dealer's assignee: While there is a conflict among the courts of other jurisdictions, it was said in Fogle v....

...icular time on that trailer, and other deals?", Mr. Langran replied, "That is true. I would say that is true." We hold, therefore, that in the circumstances shown by the record here, Mrs. Woolverton is not charged with constructive notice under Sec. 319.27(2) of the finance company's lien....

...Wolverton did, in fact, have record title to the trailer at the time she filed her suit — the finance company having transferred it to her at the time of the execution of the Sutton-Woolverton conditional sale contract. We conclude, therefore, that the provisions of § 319.22 and § 319.27(2), supra, do not change the rule of Glass v....

...of the Certificate of Title Act there involved was not the same. In the Dicks case, Colonial Finance Corp., the assignee of the conditional sale contract first executed covering the car, was held entitled to the car under the following provision of § 319.27(2): "Provided, however, that the lien shown on the application for original certificate of title shall take priority over all liens or encumbrances filed subsequent to the date shown on such application." No question was presented as to whe...

...right, title, claim or interest of any person in or to any such motor vehicle, hereafter sold or disposed of, or mortgaged or encumbered, unless evidenced by and on a certificate of title duly issued, in accordance with the provisions of this law. " § 319.27(2) "Any * * * conditional sales contract, or other * * * instrument made after August 1, 1949, and covering a motor vehicle required to be registered, if a notation of the lien or encumbrance has been made by the commissioner on the face of...

...d we find that Atlantic, the purchaser of an unrecorded lien, cannot assert its claim as superior to a subsequent purchaser for valuable consideration claiming under a recorded certificate of title. This is obviously the intent of §§ 319.22(1) and 319.27(2), Florida Statutes, F.S.A....

...e dealer Saye had been permitted to keep in his possession a valid blank assignment of title from the record title holders and he assigned same to Strickland to whom was thereafter issued a new certificate of title. By virtue of F.S. §§ 319.22 and 319.27(2), F.S.A., Atlantic is estopped to claim a lien superior to that of the record title holder....

...Thus, the parties created a security interest in the vehicle. Fla.Stat. § 679.203 (1987). The Plaintiff failed to file a sworn notice of lien with the Department of Motor Vehicles. Therefore, no security interest was perfected in the Corvette. Fla. Stat. § 319.27 (1987)....

...Yet this transaction is not excepted by § 547(c)(3) in that it was not perfected under Florida law by receipt of the notice of lien by the tax collector's office until thirteen (13) days after the debtor received possession of the property. (See, Florida Statutes § 319.27 and In re Perkins, 73 B.R....

...he data prescribed thereby. This constituted clear notice to the Pensacola concern and to Seawright, the appellee, that Trumbull of Detroit was a former owner of the secondhand car. That ownership could be ignored only at the peril of the purchaser. Section 319.27(f) F.S....

...To the same effect see Clinger v. Reliable Discount Company, Fla. 1955, 80 So.2d 606, 607, in which Mr. Justice Roberts, speaking for the Supreme Court, cited the McQueen case with approval and said that under Florida law failure to comply with F.S. § 319.27, F.S.A....

...126 (1850). Therefore, the writ of execution of McGill became a lien on 18 March, and the writ of execution of Hawthorne became a lien on 8 April. A notice of lien becomes a lien on a motor vehicle on the date it is filed in the Division of Motor Vehicles. Section 319.27(2), Florida Statutes. Therefore, the notice of lien of Keystone became a lien on 10 April, which was the date it was received and noted on the certificate of title. We have not overlooked Section 319.27(4), Florida Statutes, which provides that liens noted on a certificate of title take priority according to the order of time noted on the certificate....

...The trust receipt provided that on a sale of the vehicle, Hooker would pay the sale proceeds to The Orlando Bank & Trust Company to apply against the former's debt to the bank. At no time was a notice of the plaintiff's lien filed in the office of the Director of Motor Vehicles under the provisions of F.S. Section 319.27 (2), F.S.A....

...criminal activity. § 932.703, Fla. Stat. (1981). [1] Under Florida law, a lien on a motor vehicle titled in this state is perfected only when such lien is noted upon the face of the certificate of title or on a duplicate or corrected copy thereof. § 319.27(1), Fla....

...At the time appellant financed Rompon's purchase of the mobile home it was registered and titled by the Department. Appellant could only perfect its lien on it by filing notice thereof with the Department and having it noted on the certificate of title. § 319.27(2)....

...e vehicle. On this appeal, Vincent admits that Lee was not an "innocent purchaser for value without notice" under our decision in McQueen v. M. & J. Finance Corp., Fla., 59 So.2d 49, and also because of Lee's failure to comply with the provisions of Section 319.27(3) (f), Florida Statutes 1953, F.S.A., infra....

...Moreover, we think that, even without applying the rule of comity here, the lien of GMAC must take priority over that of Vincent, since we cannot find that Vincent is an "innocent purchaser for value, without notice". This is so because the Legislature by Chapter 28184, Laws of Florida, Acts of 1953, now appearing as Section 319.27(3) (f), has provided that in order for a purchaser of a car with an out-of-state registration to be deemed an innocent purchaser, he must "obtain a telegram or statement in writing from the motor vehicle commissioner, or like officer,...

...put on notice that a lien may have attached to the car during its sojourn in that state. He is charged with knowledge of the provisions of Chapter 319, supra, so he must know that the title of his vendor will be defective unless the requirements of Section 319.27(3) (f), supra, have been met....

...1) such transfer is avoidable by the trustee under section 544, 545, 547, 548, 549, or 724(a) of this title or recoverable by the trustee under section 553 of this title; and (2) the trustee does not attempt to avoid such transfer. Florida Statutes: § 319.27, Florida Statutes....

...Filing of Notice of Lien. With respect to their vehicles, the Debtors assert that the lien of the United States was not perfected or enforceable at the commencement of the case within the meaning of 11 U.S.C. § 545(2) because the United States had not complied with § 319.27(2), Florida Statutes, which provides that a statutory nonpossessory lien on motor vehicles titled in Florida must be noted upon the certificates of title....

...04 with respect to a taxpayer's personal property, then the notice must be filed with the clerk of the United States district court for the judicial district in which the property subject to the lien is situated. 26 U.S.C. § 6323(f)(1)(B). However, § 319.27(1), Florida Statutes, specifically provides that the department of motor vehicles is not a recording office for liens on motor vehicles. Further, the Attorney General of Florida has issued an opinion that § 319.27, Florida Statutes, does not provide an additional office for filing a notice of federal tax lien and does not require that the notice of federal tax lien be recorded on the certificate of title for a motor vehicle in order to be valid....

...oceed by adversary proceeding instead of by motion. The Trustee, in response, contends that the Father has no judicially recognizable interest because he is not listed as either a lien holder or an owner on the Title and, pursuant to §§ 319.22 and 319.27 of the Florida Statutes, no court can recognize his alleged equitable interest....

...the transferee's name. FLA. STAT. § 319.22. Similarly, in order to obtain a lien that is enforceable against third parties, *404 the lien holder must file a notice of lien and have the lien noted on the appropriate certificate of title. FLA. STAT. § 319.27; In re Forfeiture of 1977 Kenworth Tractor, VIN # 2151322J, 566 So.2d 70 (2nd DCA Fla.1990); Northeast Nat'l Bank of St....

...Based on this analysis, the Truck is property of the estate. The Trustee is entitled to use, sell, or lease the Truck pursuant to § 363. The Father has no judicially recognizable ownership or equitable interest in the Truck pursuant to §§ 319.22 and 319.27 of the Florida Statutes because, John H....

...On April 10, the certificate of title was issued noting the lien. On April 8, a creditor delivered its writ of execution to the sheriff where it was docketed. Under Florida law a notice of lien becomes a lien on a motor vehicle on the date it is filed in the Division of Motor Vehicles. Section 319.27(2), Florida Statutes....

...existing defects and liens on the title. Id.; see Dicks v. Colonial Finance Corp., 85 So.2d 874 (Fla. 1956); Barnett Bank of Clearwater, N.A. v. Rompon, 377 So.2d 981 (Fla. 2d DCA 1979); Castner v. Ziemer, 125 So.2d 134 (Fla. 2d DCA 1960); see also § 319.27(2), Fla....

...ation of the vendor and it turns out that his confidence has been misplaced, he cannot escape the result of his own carelessness. Clinger v. Reliable Discount Co., Fla., 80 So.2d 606, 607: "* * * The fact remains that they have failed to comply with Section 319.27, supra, and this failure has deprived them of the right, under Florida law, to plead that they are a subsequent (or `innocent', as the statute expresses it) purchaser for value, without notice, of the car....

...The debtor paid none of the expenses relating to the vehicle. In August, 1985, the Thomsens loaned the debtor $1,600.00 for which the debtor gave them a promissory note secured by a lien on the 1972 Volkswagon. However, no action was taken to perfect such lien pursuant to § 319.27 F.S., by recording same with the Department of Highway Safety and Motor Vehicles until March of 1986....

...or exists ... The precise issue in this case is whether the Trustee by virtue of § 544(a)(1) has priority over the oral lien secured by the vehicles. This question, of course, can only be resolved by referring to Florida law. Under Florida Statutes § 319.27, each lien on a motor vehicle titled in Florida must be noted on the face of the certificate of title....

...v. Bank of Georgia, 159 Fla. 481, 32 So.2d 7, 13 A.L.R.2d 1306, no longer controls the rights of lienholders whose liens attached subsequent to August 1, 1949, by virtue of the provisions of Section 8 of Chapter 23658, Laws of Florida, Acts of 1947, Section 319.27, Florida Statutes, F.S.A....

...Subordinate interest is entitled to participate in any surplus, if the value of the property exceeds the amount of the prior claim. The equitable way to determine whether or not the value of the property exceeds the amount of the prior lien and cost is to order the property sold to highest bidder. Section 319.27, Florida Statutes, recognizes subordinate interest....

...ppears to support the conclusion herein that we cannot "attach as a condition of comity, in cases such as this, that the lex loci must require a recording of an otherwise valid and effective contract right." [2] Insofar as appellant relies upon F.S. Section 319.27(3) (f), F.S.A., providing protection under certain circumstances for purchasers of vehicles upon which no Florida title certificate has been issued, the record evidence is conclusive that appellant did *901 not comply with its terms an...

...Smith properly perfected his lien of November 5, 1974 in the amount of $13,000.00 against said 1973 Ferrari automobile and the respondent Earl C. May properly perfected his lien of July 22, 1974 in the amount of $10,000.00 against said 1971 Ferrari automobile by compliance with the provisions of Section 319.27(2), Florida Statutes, * * * and that such liens on said automobiles, as so perfected, are superior in force and dignity to the plaintiff's judgment lien; that even though properly perfected in accordance with Section 327.27(2) Florida Statutes, the respondent Earl C....

...The brother's claim did not fall within the scope of the statute. We need not decide whether the evidence was sufficient to establish his right to an equitable lien because the statute only offers protection to one whose lien has "been perfected in the manner prescribed by law prior to such seizure." Section 319.27(1), Florida Statutes (1985), prescribes that the perfection of a lien on a motor vehicle titled in Florida is accomplished by noting the lien upon the face of the certificate of title or on a duplicate or corrected copy thereof. A lienholder's interest whose lien has not been perfected according to the requirements of section 319.27(1) is subject to forfeiture....

...y its conduct, the Motor Credit Corporation had given the dealer the actual or the implied authority to resell the repossessed trailer, and that, as a result, the purchaser was not charged with constructive notice of the finance company's lien under Section 319.27(2), Florida Statutes....

...This being the case, so argues the trustee, any security interest, to be valid against the trustee, must be perfected pursuant to the applicable provisions of the Code and the Florida Statutes governing lien interests in motor vehicles and in certain types of mobile homes. Florida Statutes, §§ 679.9-301, 679.9-302(3), and 319.27. Accordingly, unless a lien is recorded on the title certificate, no lien interest will be recognized and enforced against the trustee not only by virtue of Florida Statute, § 319.27 but also by virtue of Sec....

...Filing with respect to the 1972 Dodge ¾ ton pickup did not create a security interest in that item. A security interest in a motor vehicle may be perfected only in accordance with the certificate of title law which provides for notation of such a lien only upon the certificate of title. Florida Statutes § 319.27....

...From the testimony it would appear that the transaction was entirely oral. There were exhibited certain, title certificates which showed Vera Mc-Cann to be a first lienholder on the vehicles-to the amount of $13,000. In an attempt to-comply with the terms of §§ 319.15 and *633 319.27, Fla.Stat., F.S.A., Howard McCann caused notices of this lien to be filed with the State Motor Vehicle Commissioner who noted them on the title certificates of the vehicles....

...s oral mortgage by reason of the notation contained on the certificates of title to the vehicles. We feel that it cannot. The appellee contends the notations contained on the title certificates constitute compliance with the terms of §§ 319.15 and 319.27, supra, sufficient to raise in her a statutory lien on the vehicles and placed appellant on constructive notice of the existence of such a lien. We shall first dispose of this contention. Neither § 319.15 nor § 319.27 by their terms create statutory liens on motor vehicles....

...ting lien on a motor vehicle by containing a notation of same on the title certificate as the result of the lienholder’s compliance with other provisions of the statutes. Further, § 319.15 has no application to the case at bar for the reason that § 319.27(1) and (4) by their terms limit the application of § 319.15 to transactions occurring before August 1, 1949. See Livingston v. National Shaw-mut Bank of Boston, Fla.1952, 62 So.2d 13, 14 . The transaction in the instant case took place in 1958. Thus, we are concerned with the scope and effect of § 319.27. Section 319.27(2) provides, inter alia: “Any mortgage, conveyance intended to operate as a mortgage, trust receipt, conditional sales contract, or other similar instrument made after August 1, 1949, and covering a motor vehicle required to be regis...

...as against the creditors of the mortgagor whether armed with process or not and subsequent purchasers, mortgagees and other lien holders or claimants, but otherwise shall not be valid against them.” [Emphasis supplied.] *634 A thorough reading of § 319.27 and its companion, § 319.31(8), Fla.Stat., F.S.A., as well as the other sections of the Florida Statutes relating to recording, 1 leads to the conclusion that an oral agreement is not the type of transaction contemplated by the statute as entitled to record. All of these statutes by their terms contemplate some form of written instrument. Witness the terms of § 319.27: “Any mortgage, conveyance intended to operate as a mortgage, trust receipt, conditional sales contract, or other similar instrument * * [Emphasis supplied.] Therefore, we are here faced with an oral agreement for a lien not entitled to record but which, in fact, has been recorded....

...curity interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading;. . . . Fla. Stat. § 672.401(2). Furthermore, Fla. Stat. § 319.27(2) provides that no lien for purchase money or as security for a debt in the form of a security agreement ....

...upon a motor vehicle or motor home shall be enforceable in any of the courts of this state against creditors or subsequent purchasers for valuable consideration and without notice, unless a sworn notice of lien has been filed in the department and such lien has been noted upon the certificate of title. . . . Fla. Stat. § 319.27(2). In the instant transaction, it is undisputed that the Defendants physically delivered to the Debtor the six Corvettes. In effect, according to section 319.27, the Defendants' retention of the titles was a mere *413 failed attempt to grant themselves a security interest. Fla. Stat. § 319.27; See also In re Petsch, 82 B.R....

...Prior to filing their Petition, on or about June 20, 2005, the Debtors financed the purchased of the Motor Home, which is pledged as collateral for the purchase-money debt owed to Creditor. The Creditor's lien was perfected on July 18, 2005, in accordance with Florida Statute § 319.27 (2005)....

...First Union then initiated this replevin action. *324 Orlando Dodge concedes that in the usual course of events a lien properly applied for and obtained remains a lien upon such title and upon the vehicle regardless of any subsequent sale of the vehicle by the owner. Section 319.27(5), Florida Statutes (1989); Dicks v....

...afety and Motor Vehicles and, for a higher fee, receive 72-hour service. After resolving other defenses raised by GMAC to the trustee's motion, the sole issue remaining for determination by the Court in this proceeding is whether or not, pursuant to Section 319.27(3), Florida Statutes, and under the procedures followed by the Leon County Tax Collector's office, the lien of GMAC was perfected at the time the application for certificate of title reflecting the lien information thereon was received...

...within ninety (90) days of the petition for relief would constitute a preferential transfer not subject to the exception of § 547(c)(3). The security interest would thus be avoidable under Section 547 of the Bankruptcy Code. The express language of Section 319.27(3), Florida Statutes, provides that a security interest in a motor vehicle is perfected upon the filing of the notice of lien, and that the date of filing of the notice of lien is the date of its receipt by one of the offices designated for receiving such notices....

...ORDER ON MOTION FOR DETERMINATION OF SECURED STATUS OF CLAIMS A. JAY CRISTOL, Bankruptcy Judge. This cause came on to be heard on the motion of the trustee on May 21, 1985. Thereafter, the court reset the matter for further argument on the specific issue of the interpretation of Fla.Stat. § 319.27....

...The sole issue is whether a lien against an automobile is perfected in Florida upon filing the lien with the Department of Motor Vehicles or whether the statute requires both the filing of the lien and the notation of the lien on the face of the title. Fla. Stat. § 319.27, as amended in 1982 by the addition of sub-section (3), is ambiguous....

...the statute must be interpreted to provide that, in the absence of intervening equities or reliance upon a title certificate without notation of lien thereon, a lien is perfected "upon the filing of the notice of lien with the department." Fla.Stat. § 319.27(3)....

...VNB's lien was not recorded by notation on the State of Florida Certificate of Title on a 1997 Chevrolet Camaro, an asset of the Bankruptcy Estate. Trustee claims a superior interest to VNB in this automobile by virtue of Section 544 of the Bankruptcy Code and Florida Statutes § 319.27....

...t as a matter of law, the court must draw inferences from the evidence in the light most favorable to the non-movant and resolve all reasonable doubts in that party's favor. Spence v. Zimmerman, 873 F.2d 256 (11th Cir.1989). Florida Statutes chapter 319.27(2) provides that: [N]o lien for purchase money or as security for a debt in the form of a security agreement, ....

...t creditors or subsequent purchasers for a valuable consideration and without notice, unless a sworn notice of such lien has been filed in the department and such lien has been noted upon the certificate of title of the motor vehicle . . . Fla.Stat. § 319.27....

...The certificate of title attached to Trustee's Motion for Summary Judgment indicates one lien that was satisfied approximately five months before the debtors filed for bankruptcy protection. No other liens are noted on this certificate of title. Since VNB, or as VNB alleges, NationsBank failed to comply with Fla. Stat. § 319.27, VNB's security interest has not been perfected....

...curity of debts, at the time of its removal to this state, the writing evidencing the lien, incumbrance, mortgage or trust must be recorded in the county into which it is brought, and remains, within three months after the arrival of such property." Section 319.27(3) (f), Florida Statutes, F.S.A....

...Under § 319.22, Fla.Stats., the endorsement and delivery of the Certificate of Title by the bank was probably sufficient. However, at worst, Phyllis Kaufman had equitable title on the date of bankruptcy, and that interest would be part of the estate. The issue of priority is governed by § 319.27, Fla.Stats....

...security agreement or other similar instrument. The date of filing of the notice of lien shall be the date of its receipt by the department central office in Tallahassee, if first filed there, or otherwise by the office of the county tax collector. § 319.27, Fla....

...aid: We need not decide whether the evidence was sufficient to establish [claimant's] right to an equitable lien because the statute only offers protection to one whose lien has "been perfected in the manner prescribed by law prior to such seizure." Section 319.27(1), Florida Statutes (1985), prescribes that the perfection of a lien on a motor vehicle titled in Florida is accomplished by noting the lien upon the face of the certificate of title or on a duplicate or corrected copy thereof. A lienholder's interest whose lien has not been perfected according to the requirements of section 319.27(1) is subject to forfeiture....

...ve notice of their lien in a commercially feasible manner as provided by statute. Tyndall failed to take advantage of the protection offered by the statute, and thus Tyndall's claim of constructive notice to Bay County must fail. Our construction of section 319.27 protects a variety of innocent parties other than law enforcement agencies such as Bay County....

...e and interest of BCI. The Motion for Partial Summary Judgment seeks a determination that BCI never properly perfected its security interest in the Vehicles. In its Motion for Partial Summary Judgment, the Debtor argues that under Florida Statutes §§ 319.27 and 679.302, BCI was required to file a UCC-1 financing statement in order to properly perfect its security interest in the Vehicles....

...Having failed to comply with this requirement, it is the Debtor's position that BCI does not have a valid lien on the Vehicles. [1] The Response argues that BCI was not required to file a UCC-1 financing statement in order to properly perfect its security interest in the Vehicles. Under Florida Statutes §§ 319.27 and 679.302, the filing of a UCC-1 is required in two circumstances: (1) where the lien is on the floor plan stock of a licensed dealer; or (2) where the lien is on inventory held for sale by a person in the business of selling goods of that kind....

...However, security interests in motor vehicles are not, as a general rule, perfected by filing a financing statement. Fla. Stat. § 679.302(3)(b). Rather, a security interest in a motor vehicle is perfected by the secured party noting its interest on the certificate of title. Fla. Stat. § 679.302(3)(b); Fla. Stat. § 319.27(1). But this rule is also subject to exception. Where the motor vehicle is part of a motor vehicle dealer's inventory, perfection is achieved by filing a financing statement. Fla. Stat. § 679.302(3)(b); Fla. Stat. § 319.27(1)....

...ess of selling goods of that kind, the filing provisions of this chapter (part IV) apply to a security interest in that collateral created by him or her as debtor; Fla. Stat. § 679.302 (1998) (emphasis added). Florida's Certificate of Title Statute § 319.27(1) provides in pertinent part: Each lien, mortgage, or encumbrance on a motor vehicle or mobile home titled in this state shall be noted upon the face of the Florida certificate of title or on a duplicate or corrected copy thereof, as provi...

...however, this section does not apply to any security agreement, retain title contract, conditional bill of sale, chattel mortgage, or other like instrument covering any motor vehicle or mobile home floor plan stock of any licensed dealer. Fla. Stat. § 319.27(1)(2000)(emphasis added). Read together, these statutes provide that a lien on a motor vehicle is to be perfected through recording it on the certificate of title pursuant to § 319.27, rather than the filing of a UCC-1 financing statement, unless either: (1) it is a lien on the floor plan stock of a licensed dealer; or (2) it is a lien on inventory held for sale by a person in the business of selling goods of that kind....

...opriate. Each of BCI's arguments shall be addressed in turn. A. BCI's Lien is on the Floor Plan Stock of a Licensed Dealer. The present case raises an issue of first impression before this Court; to-wit, does the phrase "floor plan stock" as used in § 319.27 refer to dealer floor plan financing, or merely refer to the inventory of a licensed dealer? The crux of BCI's first argument is that they did not provide floor plan financing to the Debtor, and therefore they do not have a lien on the "floor plan stock" of a licensed dealer. Essentially, it appears that under BCI's reading of § 319.27, BCI would have needed to provide purchase money financing before the filing requirement would apply. As there is no Florida case law on this issue, the Court must analogize to vehicle titling statutes from other states, as well as Article 9 of the Uniform Commercial Code in order to define the phrase "floor plan stock" as used in § 319.27....

...this division (Chapter 4 (commencing with Section 9401)) apply to a security interest in that collateral. Cal. Com.Code § 9302(3)(b) (West Supp.2001)(emphasis added). In comparing the two statutes it is clear that the carve out in Florida Statutes § 319.27 simply reinforces the general requirement for the filing of a UCC-1 financing statement to perfect a security interest in inventory....

...( In re Freedom Rental & Leasing, Inc. ), 102 B.R. 848 (Bankr.M.D.Fla.1989), the court stated that "the two exceptions may, in operation, be identical . . ." Id. at 852 n. 3. This Court similarly finds that the inventory exceptions to Florida Statutes §§ 319.27 and 679.302 operate in an identical manner....

...The relevant inquiry before this Court is whether the Vehicles were the inventory of a licensed dealer. As discussed earlier, the Court finds that the Vehicles are the inventory of a licensed dealer. Floor plan financing is not a condition precedent to the requirement of filing a UCC-1. Under Florida Statutes § 319.27 a financing statement must be filed to perfect a security interest in "the floor plan stock of a licensed dealer." BCI's reading of § 319.27 tacks on a purchase money requirement to this statute, this is not the case at all. Section 319.27 does not require the debtor to use the financing it has received to directly purchase the vehicles which make up its inventory. As stated previously, the phrase "floor plan stock" as used in § 319.27 merely refers to the inventory of a licensed dealer....

...As such, whether the Debtor did, or did not enter into a floor planning agreement with BCI is irrelevant to the foregoing analysis. Even assuming arguendo that BCI is correct in its assertion that BCI needed to provide financing to the Debtor in order for the inventory exception to § 319.27 to apply, the purpose of floor plan financing requires the Debtor to prevail....

...by filing financing statements. Accordingly, it follows that it was necessary for BCI to file a financing statement to perfect its lien on the Vehicles. CONCLUSION For the reasons stated in this Opinion, the Court finds that under Florida Statutes §§ 319.27 and 679.302, BCI was required to file a UCC-1 financing statement in order to have properly perfected its security interest in the Vehicles....

...btained by the debtors, i.e., in existence, and made available to the creditor. It notes that the motorboat lien statute differs from the Florida motor vehicle statute which allows perfection by constructive notice of intent to lien. Florida Statute § 319.27(3)(a) (1979)....

...Each of the cited cases is distinguishable from the present case. But, the Trustee is correct that each of these cases states that an oral agreement to grant a security interest is insufficient to create a security interest on a vehicle. In each of the cited cases, the courts first looked to Florida Statute Section 319.27 which provides— No lien for purchase money or as security for a debt in the form of a security agreement, retain title contract, conditional bill of sale, chattel mortgage, or other similar instrument upon a motor vehicle or mobile ho...

...he defendant's security interest to be filed with the State Motor Vehicle Commissioner who noted the security interests on the title certificates of the vehicles. The Third District Court of Appeal determined that Florida Statute Sections 319.15 and 319.27 do not, by their terms, create statutory liens but are merely notice or recording statutes....

...The court in that case followed McCann and determined that a security interest is not properly perfected without an underlying security agreement or debt instrument. [1] In neither McCann nor Mullen was there a written debt instrument as impliedly required by Florida Statute Section 319.27(2)....

...Fla.Stat. § 679.203 (1987). Id. at 607. In this case, it appears that the parties intended to create a security agreement. The Debtor executed a promissory note in favor of Bennett, her lien was recorded on the title in conformity with Florida Statute Section 319.27, and Bennett is in possession of the title....

...have established a meritorious defense. See §§ 679.310, 713.74, Fla.Stat. (1985); cf. Smith v. City of Miami Beach, 440 So.2d 611 (Fla. 3d DCA 1983) (lienholder’s interest in seized motor vehicle forfeited where lienholder failed to comply with section 319.27(1), Florida Statutes (1981))....

...2d 337, 339 (Fla. 1st DCA 1976). 6 Office v. Tyndall Fed. Credit Union, 738 So. 2d 456, 458 (Fla. 1st DCA 1999). To perfect a security interest in a mobile home, a creditor must file its lien with the DHSMV. See § 319.27, Fla....

...Stat. Indeed, the statute provides that no lien on a mobile home shall be enforceable in any Florida court against other creditors or subsequent purchasers unless the lienholder files notice of its lien with the DHSMV and the DHSMV issues a certificate of title that notes the lien. See § 319.27(2), Fla. Stat. If a creditor files lien documents with the DHSMV within fifteen days after the debtor receives possession of the mobile home and signs the security agreement, the date of perfection relates back to the date of attachment. § 319.27(3)(b)....

...which is also the date of issue shown on the certificates of title. The parties do not dispute that this date was more than fifteen days after the Harrells took possession of the mobile home. Therefore, 21st Mortgage is not eligible for the “relates back” protection of section 319.27(3)(b)....

...at it is as though the certificates proving the lien never existed. And because the title certificates are nullities, 21st Mortgage may not rely upon them to enforce its security interest in the mobile home against third parties like Echo River. See § 319.27(2), Fla....

...The Ark opinion repeatedly referenced this fact. First, it noted that the trial court entered judgment for 21st Mortgage in part because 21st Mortgage “perfected its lien on the mobile home according to Florida law.” Id. at 1213. Next, it quoted section 319.27(2) for the proposition that a lien on a mobile home is not enforceable against other creditors and subsequent purchasers unless it is perfected via the DHSMV’s certificate of title process. Id. at 1213–14. The Ark Court held that because 21st Mortgage “established its lien in the mobile home” under section 319.27(2), the mobile home’s status as a fixture was immaterial....

...violation of the automatic bankruptcy stay, 21st Mortgage never lawfully perfected its security interest. Accordingly, unlike the creditors in Ark and Rompon, it does not have a lien that is enforceable against third parties in the courts of this state. See § 319.27(2), Fla. Stat.; see also Bay Cty. Sheriff’s Office, 738 So. 2d at 459 (“A lienholder’s interest whose lien has not been perfected according to the requirements of section 319.27(1) is subject to forfeiture.”) (quoting In re Forfeiture of One 1979 Chevrolet C10 Van, 490 So....

...mobile home recently financed for $81,000. TSE Plantation, 301 So. 3d at 1121. 13  Moreover, the common characteristic of mobile home creditors who prevail over competing claimants is that they all properly perfected their liens under section 319.27....

...aint. . The Court has jurisdiction over this adversary proceeding under section 28 U.S.C. § 1334 (b). This is a core proceeding pursuant to 28 U.S.C. § 157 (b)(2)(K). . § 679.3101, Fla. Stat. . § 679.303 1, Fla. Stat. . § 679.303 1, Fla. Stat.; § 319.27(1), Fla....

...nsideration, without notice, of an automobile upon which no Florida motor vehicle certificate of title had been issued, when they obtained an oral rather than a written statement from the appropriate recording official of another state. Our' Statute § 319.27(3) (f), which was in full force and effect at the time of this transaction, reads as follows: “Any person, firm or corporation purchasing a motor vehicle upon which no certificate of title has been issued in Florida shall be deemed to be...

terms of the conditional sales contract. See § 319.-27(2), Fla.Stat., F.S.A. This contention is wholly

is superior by virtue of the provisions of Section 319.-27(2) of the Florida Statutes which provides:

...(1979) deals with security interest in automobiles and provides that “the filing of a financing statement otherwise required by this chapter is not necessary or effective to perfect a security interest in property subject to: (b) the following statutes of this State: Chapters 319 [Fla.Stat.] .. . . ” Florida Statutes 319.27(2) (1979) which governs the matter under consideration provides as follows: “(2) No liens for purchase money or as security for a debt in the form of retain title contract, conditional bill of sale, chattel mortgage, or other similar instrum...

...It is equally evident and without dispute that the Bank did not file a sworn notice of its lien showing the amount due on the second note dated March 27, 1979, as required by the Statute. Thus, there is no question that the Bank did not comply with the requirement of § 319.27(2) of Fla.Stat....

...Appellant’s claim to the mobile home arose from a transaction in which it loaned money to appellee Charlotte Steward, who then executed a promissory note and a security agreement covering the mobile home. 1 On June 27, 1989 appellant’s lien was recorded on Steward’s certificate of title to the mobile home pursuant to section 319.27, Florida Statutes....

...We agree with appellant’s position, and find that the trial court was in error in concluding that the law affords a basis for the conclusion that USA’s lien is inferior under the facts present here. We think this case is governed by the plain language of the statute providing for the acquisition of liens on mobile homes. Section 319.27(2), Florida Statutes (1989), provides in part as follows: (2) No lien for purchase money or as a security for a debt in the form of a security agreement, retain title contract, conditional bill of sale, chattel mortgage, or other simil...

...xecution, attachment or equitable, shall be enforceable against creditors or subsequent purchasers unless such interest becomes a possessory lien or is noted upon the certificate of title, “prior to the occurrence of the subsequent transaction.” § 319.27(2), Fla....

...obile and the complaint must fail. This identical issue has heretofore been determined by this Court in the case of In re Perkins, 73 B.R. 317 (Bankr.N.D.Fla.1987), wherein it was held that in accordance with the express language of Florida Statutes § 319.27(3), the security interest is perfected upon the notice of lien being filed at a designated office (including the tax collector’s office) and that the “filing” of the notice of lien is the date of its receipt at one of such designated offices....

...This Court further noted that the section governing fees and service charges does not require that fees be collected at the time of receipt of the notice of lien. Fla.Stat. § 319.32. Upon appeal, this Court was affirmed based upon its reasoning and the express language of Fla.Stat. § 319.27(3)....

...cedure is without exception. The trustee urges this Court to re-determine the meaning of “filed” in light of this testimony and Florida Statutes §§ 319.23(1) and 319.23(7)(a). Notwithstanding the trustee’s argument, the applicable provision, § 319.27(3), is clear on its face and defines “filing” for purposes of lien perfection: “The date of filing of the notice of lien shall be the date *707 of its receipt ......

...Neither Clinger nor the defendant bank (which had loaned Clinger the money to buy the car and recorded a lien on the car in the amount of its loan) made any inquiries in Missouri to find out whether any liens were recorded there against the car, as required by Section 319.27, Fla.Stat....

...as to motor number is legally insufficient to constitute constructive notice to subsequent purchasers without actual notice of a prior lien, so that such lien cannot be enforced against them regardless of whether they complied with the provisions of Section 319.27, supra....

...— is bad. Clearly, the plaintiff’s chattel mortgage is just as valid, per se, as is Clinger’s title. Clinger purchased and the bank loaned money on an out-of-state car under a title certificate showing a certain motor number;, and our statute, Section 319.27, supra, placed squarely upon them “the burden of making inquiry of the proper officials of such other state as to whether there [were] any outstanding liens in such state against the automobile”, Vincent v....

...person had means of knowledge, which it was his duty to use and which he did not use,” First Federal Savings & Loan Ass’n of Miami v. Fisher, Fla.1952, 60 So.2d 496, 499 , is unimportant. The fact remains that they have failed to comply with Section 319.27, supra, and this failure has deprived them of the right, under Florida law, to plead that they are a subsequent (or “innocent”, as the statute expresses it) purchaser for value, without notice, of the car....

declaratory judgment to determine his rights under Section 319.27, Florida Statutes [F.S.A.]. “The plaintiff

...the well established proposition that, as between the parties, or those claiming under their rights, passage of title occurs in accordance with the parties’ intent whether or not a new title has been issued. When read together, Sections 319.22 and 319.27(2), Fla.Stat., (which apply to transfers or security interests in motor vehicles) are analogous to Section 695.01, Fla.Stat., which is the recording statute applicable to transfers or security interests in real property....

...t purchasers. The issue thus narrows down to the applicable statutory provisions regarding boats and the trustee’s rights as a creditor under § 544(a). Chapter 371, Fla.Stat., contains these provisions. Section 371.81 is a provision comparable to Section 319.27(2) and provides that no prior lien is valid against creditors or subsequent purchasers unless notice of such lien has been recorded....

PER CURIAM. We are asked to determine the priority of two liens, one a landlord’s lien and the other a lien filed pursuant to Section 319.27(2), Florida Statutes (1975), securing a conditional sales contract on a mobile home....

...afety and Motor Vehicles and, for a higher fee, receive 72-hour service. After resolving other defenses raised by GMAC to the trustee's motion, the sole issue remaining for determination by the Court in this proceeding is whether or not, pursuant to Section 319.27(3), Florida Statutes, and under the procedures followed by the Leon County Tax Collector's office, the lien of GMAC was perfected at the time the application for certificate of title reflecting the lien information thereon was received...

...within ninety (90) days of the petition for relief would constitute a preferential transfer not subject to the exception of § 547(c)(3). The security interest would thus be avoidable under Section 547 of the Bankruptcy Code. The express language of Section 319.27(3), Florida Statutes, provides that a security interest in a motor vehicle is perfected upon the filing of the notice of lien, and that the date of filing of the notice of lien is the date of its receipt by one of the offices designated for receiving such notices....

...The parties have stipulated that the liens were “all filed on August 12, 1987”. (PreTrial Stipulation of Facts, ¶ 7). For the purposes of § 548, a transfer is made on the date it is perfected as to third parties. § 548(d)(1). Filing with the Department of Motor Vehicles perfects a vehicular lien in Florida, Fla.Stat. § 319.27(2)....

...*850 Several weeks later, on October 7, 1985, the Debtor filed a Chapter 11 case which was subsequently converted to Chapter 7 on April 7, 1988. The Trustee’s Complaint, filed on January 5,1989, alleges the Defendant failed to perfect its security interest in the collateral by failing to comply with Florida Statute § 319.27. 1 The Trustee contends Fla.Stat. § 319.27 controls the general procedure for perfecting a security interest in Florida....

...That section requires (1) a sworn notice of lien be filed, see, Hardwick v. Petsch (Matter of Petsch), 82 B.R. 605 (Bankr.M.D.Fla.1988), and (2) the lien be noted on the certificate of title. See, Smith v. City of Miami Beach, 440 So.2d 611 (Fla. 3d DCA 1983). Since the Defendant failed to comply with Fla.Stat. § 319.27, the Defendant’s security interest has not been perfected. As such, the lien is voidable pursuant to Section 544 of the Bankruptcy Code. A narrow exception exists to the general requirement of Section 319.27....

...Chapter 319 does not apply to “any security agreement, retained title contract, conditional bill of sale contract, chattel mortgage, or other like instrument covering any motor vehicle or mobile home floor plan stock of any licensed dealer.” Fla.Stat. § 319.27(1)....

...In other words, there are two exceptions, which, if applicable, would demand a conclusion that the filing of a UCC-1 Financing Statement is the correct method of perfecting a security interest. The first exception, which is germane to this case applies to a licensed dealer. Fla. Stat. § 319.27 (1)....

...selling such goods. Fla. Stat. § 679.302 (3)(b). Both exceptions deal with inventory floor plan financing. The difference, however, is that Section 679.302 pertains to inventory financing where a business sells inventory. The exception in Fla.Stat. § 319.27(1) excludes all inventory financing of licensed dealers....

...One exception relates to a licensed dealer. If the Debtor in the instant case is a licensed dealer, the perfec *852 tion must be made by filing a UCC-1 Financing Statement. If the Debtor is not a licensed dealer, perfection must be made pursuant to Section 319.27 unless the second exception applies. If the collateral is held as inventory for sale by a person who is in the business of selling goods of that kind, then perfection pursuant to Section 319.27 is ineffective. Instead, perfection must be made pursuant to the general rule of Fla.Stat. § 679.302(1) which requires the filing of a UCC-1 Financing Statement. 3 The pivotal question is whether the property is subject to Fla.Stat. § 319.27(1)....

...however, this section does not apply to any security agreement ..., or other like instrument covering any motor vehicle or mobile home floor plan stock of any licensed dealer.... The answer turns on whether the Debtor is a licensed dealer. Fla.Stat. § 319.27 does not apply to any security interest covering any motor vehicle floor plan of any licensed dealer. Fla.Stat. § 319.27(1)....

...the same is hereby granted as to Count II. It is hereby determined Defendant had a perfected security interest in the Debt- or’s inventory. A separate final judgment shall be entered in accordance with the foregoing. DONE AND ORDERED. . Fla.Stat. § 319.27(2) provides: No lien for purchase money or as security for a debt in the form of a security agreement, ......

...The brother’s claim did not fall within the scope of the statute. We need not decide whether the evidence was sufficient to establish his right to an equitable lien because the statute only offers protection to one whose lien has “been perfected in the manner prescribed by law prior to such seizure.” Section 319.27(1), Florida Statutes (1985), prescribes that the perfection of a lien on a motor vehicle titled in Florida is accomplished by noting the lien upon the face of the certificate of title or on a duplicate or corrected copy thereof. A lienholder’s interest whose lien has not been perfected according to the requirements of section 319.27(1) is subject to forfeiture....

...Wheels Unlimited, Inc., 513 So.2d 135, 137 (Fla.1987). It concluded the Florida Legislature's intent *867 in enacting Section 319.22 was broader. Id. The statute "reflects an intent that title to motor vehicles in Florida may only be transferred pursuant to the provisions of Chapter 319." Id. Section 319.27(1) of Chapter 319 governs the creation of an enforceable lien on a motor vehicle. A lienholder must file a lien notice and have the lien notated on the certificate of title. FLA. STAT. § 319.27. No lien is notated upon the Motorcycle's Certificate of Title. The Motorcycle is unencumbered. FLA. STAT. § 319.27(1). The statutory language of Florida Statute Sections 319.22 and 319.27 is unambiguous and does not demand absurd results....

...The Defendant had no recognizable right, title, claim, or interest in the Motorcycle on the Petition Date pursuant to Florida Statute Section 319.22(1). No lien has been notated on the Certificate of Title in favor of the Defendant. The Defendant has no lien interest in the Motorcycle pursuant to Florida Statute Section 319.27....

...679.3031(3), Fla. Stat. (2013). “[A] mobile home is classified as a motor vehicle under Florida law and must be registered with and titled by the Department.” Rompon, 377 So. 2d at 983. Perfection of a security interest in a mobile home is controlled by section 319.27(2), Florida Statutes (2013), which provides in relevant part: (2) No lien for purchase money or as security for a debt in the form of a security agreement, retain title contract, conditional bill of sale, chattel mortga...

...Classification of a mobile home as personal property by a seller or a lender shall not prohibit the owner from having the mobile home classified and taxed as real property under subsection (1). § 320.015(1), (2), Fla. Stat. (2013) 21st Mortgage established its lien in the mobile home pursuant to section 319.27(2)....

...By the same token, the Florida codification of § 9-302, Florida Statute 679.302(3), states: “The filing of a financing statement otherwise required by this Chapter is not necessary or effective to perfect a security interest in property subject to . (B) the following statutes of this State; Chapters 319 and 371 . . ..” Section 319.27(2), Florida Statutes, states: “No liens for purchase money or as security for a debt ....

...upon which a certificate of title has been issued in this state shall be enforceable . . . unless . such lien has been noted upon the certificate of title . . ..” The question the Court faces here is whether a security interest in an automobile unperfected by filing or notation may otherwise be perfected by possession. Section 319.27 envisions a unitary scheme for the perfection of security interests in motor vehicles....

...The Court does not construe the words “no lien” to mean “no non-possessory liens.” Therefore, it deems the specific provisions of Ch. 319 to take precedence over the general provisions of § 679.305. The issue then is whether the security interest claimed by the defendant is properly perfected under § 319.27 when there is no underlying written security agreement or debt instrument....

...There, the plaintiff sought to foreclose an oral lien on vehicles and to enjoin a sale under execution of the vehicles by a judgment creditor. Although the liens were recorded on the motor vehicle titles, they were held to be invalid. The Court stated: Neither § 319.15 nor § 319.27 by their terms create statutory liens on motor vehicles....

...chaser on notice of the fact that there is a prior existing lien on a motor vehicle by containing a notation of same on the title certificate as the result of the lienholder’s compliance with other provisions of the statutes. A thorough reading of § 319.27 and its companion, § 319.31(8), Fla.Stat., F.S.A., as well as the other sections of the Florida Statutes relating to recording, leads to the conclusion that an oral agreement is not the type of transaction contemplated by the statute as entitled to record....

considered an innocent purchaser for value pursuant to § 319.27(3) (f), Fla.Stat. (1963),1 F.S.A. It is undisputed

...s; and 3) that the Florida Department of Motor Vehicles issued certificates of title in favor of Defendant and that no liens are noted upon the certificates of title. CONCLUSIONS OF LAW 1. Defendant asserts that this cause of action is controlled by Section 319.27(4)(c), Florida Statutes, which states: When a Florida certificate of title has been issued on a motor vehicle or mobile home previously titled or registered outside this state, liens valid in and registered under the law of the state w...

...on notice that it should investigate the existence of liens. Defendant counters that there is no duty under Florida law to investigate. 5. The Court has reviewed the pleadings in this cause, as well as the applicable law. The Court is satisfied that Section 319.27(4)(c), Fla.Stat., is applicable to both liens and conditional sales contracts....

...General Motors Acceptance Corp., 262 So.2d 891 (Fla.2d D.C.A.1972); Northside Motors, Inc. v. General Motors Acceptance Corp., 255 So.2d 560 (Fla. 1st D.C.A.1971); Black’s Law Dictionary, Fourth Edition (1951); 4 Fla.Jur 2d, Automobiles and Other Vehicles, sections 14, et seq. 6. Section 319.27(4)(c), Fla.Stat....

...In support of this claim, Union Planters claims that since InterAmerican sold approximately 4,000 vehicles per year, earning 60-70% of its revenue in this manner, that it was "in the business of selling used cars," and thus section 679.3111 provides for an exception to the requirement in section 319.27, Florida Statutes (2002), that liens be noted on the vehicles' certificates of title....

...on a motor vehicle ... shall be noted on the face of the Florida certificate of title.... (2) No lien ... shall be enforceable in any of the courts of this state ... unless ... such lien has been noted upon the certificate of title of the motor vehicle.... § 319.27, Fla....

...[N]o title, lien, or other interest in [a motor] vehicle ... shall be valid unless evidenced in accordance with this chapter [319]. § 319.20, Fla. Stat. (2002). Chapter 319 provides one exception to this rule when a debtor is a licensed dealer selling motor vehicle "floor plan stock." § 319.27(1), Fla....

...tute relating to motor vehicles, in Chapter 319 Fla.Stat., F.S.A., dealing with title certificates, provides for certain inquiry in the state of former registration when such a car is sold here without a Florida title certificate having been issued. Section 319.27(3) (f)....

...e that is the procedure provided by the legislature to establish and protect liens on motor vehicles and the holders thereof as against subsequent purchasers. Appellant contends that the judgment in favor of appellee is contrary to the provisions of Section 319.27(3) (c), Florida Statutes, F.S.A., which provides in essence that liens or security interests under conditional sales contracts and the like on a motor vehicle are not enforceable in this State against creditors or subsequent purchasers...

...filed and noted upon the certificate of title issued in this State for a vehicle which has previously been titled or registered outside the State. We agree and reverse. The controlling statutory provision was enacted in 1965 and reads as follows: “319.27(3) (c) When a certificate of title on a motor vehicle has been issued in this state on a motor vehicle previously titled or registered outside this state, liens valid *562 in and registered under the law of the state wherein such liens were created are not valid in this state unless filed and noted upon the certificate of title under the provisions of this section.” Prior to the 1965 amendment to Chapter 319, Florida Statutes, F.S.A., which added the foregoing provision, Section 319.27(3) (f) provided as follows: “Any person, firm or corporation purchasing a motor vehicle upon which no certificate of title has been issued in Florida shall he deemed to be an innocent purchaser for value, without notice, of any retai...

...s made and the property situate at the time, and that the courts of Florida would enforce *563 such rights unless our statutes clearly direct otherwise.’ ” (Emphasis supplied) Appellee rests his case entirely on the contention that the repeal of Section 319.27 (3) (f), Florida Statutes, and the adoption of Section 319.27(3) (c), both effective January 1, 1966, did not change the law of Florida....

...Freedom National Bank of New York, 210 So.2d 465 (Fla.App.1968), and Gelfo v. General Motors Acceptance Corporation, 206 So.2d 247 (Fla.App.1968), is of no avail since the facts giving rise to those cases occurred prior to the effective date of the repeal of Section 319.27(3)(f), Florida Statutes, F.S.A....

...interest shall be forfeited under the provisions of ss. 932.701-932.704 if such lienholder establishes that ... the lien had been perfected in the manner required by law prior to such seizure. The proper method for perfecting a lien is described in section 319.27(1), Florida Statutes (1989), which requires that: Each lien, mortgage, or encumbrance on a motor vehicle or mobile home titled in this state shall be noted upon the face of the Florida certificate of title or on a duplicate or corrected copy thereof....

...omas Chevrolet as her attorney-in-fact, Bill Thomas Chevrolet executed an application for title by purchaser which also contained a notice of lien, and delivered the documents to the Leon County Tag Agency for processing. Pursuant to Florida Statute § 319.27, receipt of this documentation at the local tag office perfected the lien given by the debtor to GMAC....

Acceptance, Inc., supra. We pause to note that Section 319.27(3) (f), which prescribes the type of inquiry

...It is clear that the title applications in these cases were made within ten days of the sales of the vehicles and the creation of the purchase money security interests. The requisite fees were submitted to the Tax Collector’s office outside of the ten-day period on September 29, 1986. Florida Statutes, Section 319.27 governs the issue of when perfection of the security interest occurred....

...tor, or their agents. The date of filing of the notice of lien shall be the date of its receipt by the department central office in Tallahassee, if first filed there, or otherwise by the office of the county tax collector, or their agents. Fla.Stat. § 319.27(3)....

...After consideration of the briefs filed, the record and its own independent research, this Court hereby AFFIRMS the *711 decision of the bankruptcy court based on the reasoning set forth in its order of March 27, 1987 and, in particular, its reliance on the plain language of Section 319.27(3) of the Florida Statutes as set forth above....

...e lien not filed with the Florida Department of Motor Vehicles, where the earlier lienor has possession of the original title certificate? To this question we answer yes and reverse the judgment of the lower court. The appellant cites as controlling § 319.27 (2), Fla.Stats, F.S.A....

...We cannot agree because no such duty is placed on one who is merely a holder of a lien against an automobile. In this case it is not the relationship of a purchaser-seller but rather the rights of lienholder as against the rights of another lienholder. Next, we move to a discussion of the applicability of § 319.27(2), Fla.Stats, F.S.A....

...consent of the holder of any duly noted lien, mortgage or encumbrance thereon, shall not render the same void or ineffective as against the creditors of such owner, or holder of subsequent liens, mortgages or encumbrances upon such motor vehicle.” Section 319.27, Fla.Stats., F.S.A., was determined to be a notice type of statute when Judge Horton of the Third District Court of Appeal stated in Coplan Pipe & Supply Co. v. McCann, Fla.App.1961,, 132 So.2d 632 , 633: “Neither § 319.15 nor § 319.27 by their terms create statutory liens on motor vehicles....

...aining a notation of same on the title certificate as the result of the lienholder’s compliance with other provisions of the statutes. * * * ” The Supreme Court, in Motor Credit Corporation v. Wolverton, Fla. 1957, 99 So. 2d 286, 289 , construed § 319.27(2) by stating: “Sec. 319.27(2), in effect, requires mortgages, trust receipts, conditional sale contracts, and other similar instruments covering a motor vehicle, to be recorded in order to be valid against subsequent purchasers, creditors, mortgagees and other lienholders or claimants....