60-149 Application; documentation required.
60-149. Application;documentation required.(1)(a) If a certificateof title has previously been issued for a vehicle in this state, the applicationfor a new certificate of title shall be accompanied by the certificate oftitle duly assigned except as otherwise provided in the Motor Vehicle Certificateof Title Act.(b) Except for manufactured homes or mobilehomes as provided in subsection (2) of this section, if a certificateof title has not previously been issued for the vehicle in this state or ifa certificate of title is unavailable pursuant to subsection (4) of section 52-1801, the application shall be accompanied by:(i) A manufacturer's or importer's certificate except as otherwise provided in subdivision(vii) of this subdivision; (ii) A duly certified copy of the manufacturer's or importer's certificate;(iii) An affidavit by the owner affirming ownership in thecase of an all-terrain vehicle,a utility-type vehicle, or a minibike;(iv) A certificate of title from another state;(v) A court order issued by a court of record, a manufacturer'scertificate of origin, or an assigned registration certificate, if the lawof the state from which the vehicle was brought into this state does not havea certificate of title law;(vi) Documentation prescribed in section 60-142.01, 60-142.02, 60-142.04, or 60-142.05; or(vii) A manufacturer'sor importer's certificate and an affidavit by the owner affirming ownershipin the case of a minitruck.(c) If theapplication for a certificate of title in this state is accompanied by a validcertificate of title issued by another state which meets that state's requirementsfor transfer of ownership, then the application may be accepted by this state.(d) If a certificate of title has not previously been issuedfor the vehicle in this state and the applicant is unable to provide suchdocumentation, the applicant may apply for a bonded certificate of title asprescribed in section 60-167.(2)(a) If the applicationfor a certificate of title for a manufactured home or a mobile home is beingmade in accordance with subdivision (4)(b) of section 60-137 or if the certificateof title for a manufactured home or a mobile home is unavailable pursuantto section 52-1801, the application shall be accompanied by proof of ownershipin the form of:(i)A duly assigned manufacturer's or importer's certificate;(ii) A certificate oftitle from another state;(iii)A court order issued by a court of record;(iv) Evidence of ownership as provided for in section 30-24,125, 52-601.01 to 52-605, 60-1901 to 60-1911, or 60-2401 to 60-2411;or(v)Assessment records for the manufactured home or mobile home from the countyassessor and an affidavit by the owner affirming ownership.(b) If the applicantcannot produce proof of ownership described in subdivision (a) of this subsection,he or she may submit to the department such evidence as he or she may have,and the department may thereupon, if it finds the evidence sufficient, issuethe certificate of title or authorize the county clerk or designated countyofficial to issue a certificate of title, as the case may be.(3) For purposes of this section,certificate of title includes a salvage certificate, a salvage branded certificateof title, or any other document of ownership issued by another state or jurisdictionfor a salvage vehicle. Only a salvage branded certificate of title shall beissued to any vehicle conveyed upon a salvage certificate, a salvage brandedcertificate of title, or any other document of ownership issued by anotherstate or jurisdiction for a salvage vehicle.(4) The county clerk or designatedcounty official shall retain the evidence of title presented by the applicantand on which the certificate of title is issued. SourceLaws 2005, LB 276, § 49; Laws 2006, LB 663, § 15; Laws 2010, LB650, § 13; Laws 2010, LB933, § 1.AnnotationsCertificate of title, based upon a duplicate issued in another state, is not protected. Allstate Ins. Co. v. Enzolera, 164 Neb. 38, 81 N.W.2d 588 (1957).