Section 28.10.391. Filing and date of notice.

   (a) The filing of the application and documents under AS 28.10.381 and the issuance of a new certificate of title are constructive notice of any liens or encumbrances against the vehicle described in the certificate to a creditor of the owner, or to a subsequent purchaser or encumbrancer. However, a mortgage, conditional sale contract, or similar lien or encumbrance on the vehicle is subordinate to a lien under AS 28.10.502 and is subject to the procedure provided in that section. A lien or encumbrance on a vehicle for labor, material, transportation, storage, or similar activity, other than a lien under AS 28.10.502, whether or not dependent on possession for its validity, is subordinate only to a mortgage, conditional sale contract, or similar lien or encumbrance on the vehicle properly filed on or before the time that the vehicle is subject to, or comes into possession of, the lien or encumbrance claimant for the labor, material, transportation, storage, or similar activity.
   (b) If the documents referred to in AS 28.10.371 - 28.10.401 are received and filed in the central office of the department within 10 days after the date that the documents were executed, the constructive notice dates from the time of the execution of the documents. Otherwise, constructive notice dates from the time of receipt and filing of the documents by the department as shown in its endorsement on the documents.
   (c) Filing as provided in AS 28.10.371 - 28.10.401 is the exclusive method of giving constructive notice of a lien or encumbrance on a registered vehicle, except as to a lien dependent upon possession.
   (d) A lien or encumbrance, or a document creating and evidencing a lien or encumbrance is exempt from the other provisions of law that require or relate to the recording or filing of a document creating and evidencing a lien or encumbrance upon a vehicle of a type subject to registration under this chapter.
   (e) Notwithstanding another provision of this section, the creation or termination of a lien or encumbrance with respect to a manufactured home that has been converted to real property under AS 34.85.010 is governed by the laws that apply to real property.

Notes

History

(Sec. 7 ch 178 SLA 1978; am Sec. 1 ch 113 SLA 2010; am Sec. 19 ch 64 SLA 2012)