{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-638.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-638.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-638.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-638.html"}],"law_id":59161,"edition_id":1,"section_id":59161,"structure_id":12956,"section_number":"46.2-638","catch_line":"Certificate as notice of security interest","history":"Code 1950, \u00a7 46-71; 1958, c. 541, \u00a7 46.1-71; 1966, c. 558; 1989, c. 727; 2006, c. 896; 2010, c. 135.","full_text":"A certificate of title, when issued by the Department showing a security interest, shall be adequate notice to the Commonwealth, creditors, and purchasers that a security interest in the motor vehicle exists and the recording or filing of such creation or reservation of a security interest in the county or city wherein the purchaser or debtor resides or elsewhere is not necessary and shall not be required. Motor vehicles, trailers or semitrailers, other than those which are inventory held for sale, registered or for which a certificate of title shall have been issued under this title shall not be subjected to, but shall be exempt from the provisions of \u00a7\u00a7 8.9A-301 through 8.9A-527 and \u00a7 55.1-407, nor shall recordation or filing of such security interest, except a security interest in inventory held for sale, in any other place for any other purpose, be required or have any effect.","order_by":null,"text":{"0":{"id":216880,"text":"A certificate of title, when issued by the Department showing a security interest, shall be adequate notice to the Commonwealth, creditors, and purchasers that a security interest in the motor vehicle exists and the recording or filing of such creation or reservation of a security interest in the county or city wherein the purchaser or debtor resides or elsewhere is not necessary and shall not be required. Motor vehicles, trailers or semitrailers, other than those which are inventory held for sale, registered or for which a certificate of title shall have been issued under this title shall not be subjected to, but shall be exempt from the provisions of \u00a7\u00a7 8.9A-301 through 8.9A-527 and \u00a7 55.1-407, nor shall recordation or filing of such security interest, except a security interest in inventory held for sale, in any other place for any other purpose, be required or have any effect.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":12956,"edition_id":1,"name":"Titling Vehicles","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":12879,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":227953,"object_type":"structure","relational_id":12956,"identifier":"2","token":"46.2\/II\/6\/2","url":"\/46.2\/II\/6\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12879,"edition_id":1,"name":"Titling and Registration of Motor Vehicles","identifier":"6","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":226923,"object_type":"structure","relational_id":12879,"identifier":"6","token":"46.2\/II\/6","url":"\/46.2\/II\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12771,"edition_id":1,"name":"Titling, Registration and Licensure","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225627,"object_type":"structure","relational_id":12771,"identifier":"II","token":"46.2\/II","url":"\/46.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83979,"structure_id":12956,"section_number":"46.2-616","catch_line":"Acquiring vehicle from vendor who does not have certificate of title","url":"\/46.2-616\/","token":"46.2\/II\/6\/2\/46.2-616","metadata":false},{"id":86372,"structure_id":12956,"section_number":"46.2-617","catch_line":"Sale of vehicle without certificate of title","url":"\/46.2-617\/","token":"46.2\/II\/6\/2\/46.2-617","metadata":false},{"id":60178,"structure_id":12956,"section_number":"46.2-618","catch_line":"When unlawful to have in possession certificate of title issued to another; remedy of purchaser against persons in possession of title of vehicle purchased from dealer","url":"\/46.2-618\/","token":"46.2\/II\/6\/2\/46.2-618","metadata":false},{"id":72463,"structure_id":12956,"section_number":"46.2-619","catch_line":"New indicia of title; procedure as to leased vehicles","url":"\/46.2-619\/","token":"46.2\/II\/6\/2\/46.2-619","metadata":false},{"id":59012,"structure_id":12956,"section_number":"46.2-620","catch_line":"Period of validity of certificate of title","url":"\/46.2-620\/","token":"46.2\/II\/6\/2\/46.2-620","metadata":false},{"id":79969,"structure_id":12956,"section_number":"46.2-621","catch_line":"Application for certificate of title","url":"\/46.2-621\/","token":"46.2\/II\/6\/2\/46.2-621","metadata":false},{"id":65083,"structure_id":12956,"section_number":"46.2-621.1","catch_line":"Correcting errors in titling","url":"\/46.2-621.1\/","token":"46.2\/II\/6\/2\/46.2-621.1","metadata":false},{"id":61253,"structure_id":12956,"section_number":"46.2-622","catch_line":"Issuance of certificate of title in names of joint owners","url":"\/46.2-622\/","token":"46.2\/II\/6\/2\/46.2-622","metadata":false},{"id":74428,"structure_id":12956,"section_number":"46.2-623","catch_line":"Statements in application","url":"\/46.2-623\/","token":"46.2\/II\/6\/2\/46.2-623","metadata":false},{"id":67974,"structure_id":12956,"section_number":"46.2-624","catch_line":"Information required on vehicles damaged by water","url":"\/46.2-624\/","token":"46.2\/II\/6\/2\/46.2-624","metadata":false},{"id":69007,"structure_id":12956,"section_number":"46.2-625","catch_line":"Specially constructed, reconstructed, replica, converted electric, or foreign vehicles","url":"\/46.2-625\/","token":"46.2\/II\/6\/2\/46.2-625","metadata":false},{"id":64146,"structure_id":12956,"section_number":"46.2-626","catch_line":"Repealed","url":"\/46.2-626\/","token":"46.2\/II\/6\/2\/46.2-626","metadata":false},{"id":75060,"structure_id":12956,"section_number":"46.2-626.1","catch_line":"Motorcycle purchased by manufacturer for parts; documentation required for sale of parts","url":"\/46.2-626.1\/","token":"46.2\/II\/6\/2\/46.2-626.1","metadata":false},{"id":85078,"structure_id":12956,"section_number":"46.2-627","catch_line":"Fee for certificate of title; use in special fund","url":"\/46.2-627\/","token":"46.2\/II\/6\/2\/46.2-627","metadata":false},{"id":71729,"structure_id":12956,"section_number":"46.2-628","catch_line":"How certificate of title transferred","url":"\/46.2-628\/","token":"46.2\/II\/6\/2\/46.2-628","metadata":false},{"id":69663,"structure_id":12956,"section_number":"46.2-629","catch_line":"Odometer reading to be reported on certificate of title, application, or power of attorney","url":"\/46.2-629\/","token":"46.2\/II\/6\/2\/46.2-629","metadata":false},{"id":56148,"structure_id":12956,"section_number":"46.2-630","catch_line":"Transfer and application for certificate of title forwarded to Department","url":"\/46.2-630\/","token":"46.2\/II\/6\/2\/46.2-630","metadata":false},{"id":62224,"structure_id":12956,"section_number":"46.2-631","catch_line":"When transferred certificate of title need not be forwarded","url":"\/46.2-631\/","token":"46.2\/II\/6\/2\/46.2-631","metadata":false},{"id":66534,"structure_id":12956,"section_number":"46.2-631.1","catch_line":"Electronic sales by dealers; titling","url":"\/46.2-631.1\/","token":"46.2\/II\/6\/2\/46.2-631.1","metadata":false},{"id":63795,"structure_id":12956,"section_number":"46.2-632","catch_line":"Transfer when certificate of title lost","url":"\/46.2-632\/","token":"46.2\/II\/6\/2\/46.2-632","metadata":false},{"id":72419,"structure_id":12956,"section_number":"46.2-633","catch_line":"Transfer of title by operation of law","url":"\/46.2-633\/","token":"46.2\/II\/6\/2\/46.2-633","metadata":false},{"id":59621,"structure_id":12956,"section_number":"46.2-633.1","catch_line":"Sale in Virginia of vehicle repossessed in another state","url":"\/46.2-633.1\/","token":"46.2\/II\/6\/2\/46.2-633.1","metadata":false},{"id":71623,"structure_id":12956,"section_number":"46.2-633.2","catch_line":"Transfer of title on death","url":"\/46.2-633.2\/","token":"46.2\/II\/6\/2\/46.2-633.2","metadata":false},{"id":71249,"structure_id":12956,"section_number":"46.2-634","catch_line":"Transfer of title when no qualification on estate","url":"\/46.2-634\/","token":"46.2\/II\/6\/2\/46.2-634","metadata":false},{"id":80251,"structure_id":12956,"section_number":"46.2-635","catch_line":"Surrender of certificates for vehicles to be demolished; securing new title certificates","url":"\/46.2-635\/","token":"46.2\/II\/6\/2\/46.2-635","metadata":false},{"id":86490,"structure_id":12956,"section_number":"46.2-636","catch_line":"Certificate to show security interests","url":"\/46.2-636\/","token":"46.2\/II\/6\/2\/46.2-636","metadata":false},{"id":60463,"structure_id":12956,"section_number":"46.2-636.1","catch_line":"Security interests in farm tractors and special construction and forestry equipment","url":"\/46.2-636.1\/","token":"46.2\/II\/6\/2\/46.2-636.1","metadata":false},{"id":55770,"structure_id":12956,"section_number":"46.2-637","catch_line":"Security interests subsequently created","url":"\/46.2-637\/","token":"46.2\/II\/6\/2\/46.2-637","metadata":false},{"id":59161,"structure_id":12956,"section_number":"46.2-638","catch_line":"Certificate as notice of security interest","url":"\/46.2-638\/","token":"46.2\/II\/6\/2\/46.2-638","metadata":false},{"id":64135,"structure_id":12956,"section_number":"46.2-639","catch_line":"Security interest may be filed within thirty days after purchase","url":"\/46.2-639\/","token":"46.2\/II\/6\/2\/46.2-639","metadata":false},{"id":66722,"structure_id":12956,"section_number":"46.2-640","catch_line":"Priority of security interests shown on certificates of title","url":"\/46.2-640\/","token":"46.2\/II\/6\/2\/46.2-640","metadata":false},{"id":85614,"structure_id":12956,"section_number":"46.2-640.1","catch_line":"Vehicle leases that are not sales or security interests","url":"\/46.2-640.1\/","token":"46.2\/II\/6\/2\/46.2-640.1","metadata":false},{"id":78295,"structure_id":12956,"section_number":"46.2-641","catch_line":"Who to hold certificate of title subject to security interest","url":"\/46.2-641\/","token":"46.2\/II\/6\/2\/46.2-641","metadata":false},{"id":61531,"structure_id":12956,"section_number":"46.2-642","catch_line":"Release of security interest shown on certificate of title","url":"\/46.2-642\/","token":"46.2\/II\/6\/2\/46.2-642","metadata":false},{"id":54050,"structure_id":12956,"section_number":"46.2-643","catch_line":"Surrender of certificate of title required when security interest paid","url":"\/46.2-643\/","token":"46.2\/II\/6\/2\/46.2-643","metadata":false},{"id":82679,"structure_id":12956,"section_number":"46.2-644","catch_line":"Levy of execution","url":"\/46.2-644\/","token":"46.2\/II\/6\/2\/46.2-644","metadata":false},{"id":71754,"structure_id":12956,"section_number":"46.2-644.01","catch_line":"Lien of keeper of vehicles","url":"\/46.2-644.01\/","token":"46.2\/II\/6\/2\/46.2-644.01","metadata":false},{"id":78093,"structure_id":12956,"section_number":"46.2-644.02","catch_line":"Lien of mechanic for repairs","url":"\/46.2-644.02\/","token":"46.2\/II\/6\/2\/46.2-644.02","metadata":false},{"id":56129,"structure_id":12956,"section_number":"46.2-644.03","catch_line":"Enforcement of liens acquired under \u00a7\u00a7 46.2-644.01 and 46.2-644.02","url":"\/46.2-644.03\/","token":"46.2\/II\/6\/2\/46.2-644.03","metadata":false},{"id":67489,"structure_id":12956,"section_number":"46.2-644.04","catch_line":"Relinquishment of liens acquired under \u00a7\u00a7 46.2-644.01 and 46.2-644.02","url":"\/46.2-644.04\/","token":"46.2\/II\/6\/2\/46.2-644.04","metadata":false}],"previous_section":{"id":55770,"structure_id":12956,"section_number":"46.2-637","catch_line":"Security interests subsequently created","url":"\/46.2-637\/","token":"46.2\/II\/6\/2\/46.2-637","metadata":false},"next_section":{"id":64135,"structure_id":12956,"section_number":"46.2-639","catch_line":"Security interest may be filed within thirty days after purchase","url":"\/46.2-639\/","token":"46.2\/II\/6\/2\/46.2-639","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-638\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1958, chapter 541; in 1966, chapter 558; in 1989, chapter 727; in 2006, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0896\">896<\/a>; in 2010, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0135\">135<\/a>.<\/p>","references":[{"id":54656,"section_number":"46.2-1606","catch_line":"Certificates of title issued by other states; nonnegotiable titles","order_by":null,"url":"\/46.2-1606\/"}],"refers_to":[{"id":76968,"section_number":"55.1-407","catch_line":"Contracts, etc., void as to creditors and purchasers until recorded; priority of credit line deed of trust","order_by":null,"url":"\/55.1-407\/"},{"id":70455,"section_number":"8.9A-301","catch_line":"Law governing perfection and priority of security interests","order_by":null,"url":"\/8.9A-301\/"},{"id":83446,"section_number":"8.9A-527","catch_line":"Duty to report","order_by":null,"url":"\/8.9A-527\/"}],"permalink":{"id":228067,"object_type":"law","relational_id":59161,"identifier":"46.2-638","token":"46.2\/II\/6\/2\/46.2-638","url":"\/46.2-638\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-638\/","token":"46.2\/II\/6\/2\/46.2-638","dublin_core":{"Title":"Certificate as notice of security interest","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-638","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>A certificate of title, when issued by the <span class=\"dictionary\">Department<\/span> showing a security interest, shall be adequate notice to the Commonwealth, <span class=\"dictionary\">creditors<\/span>, and purchasers that a security interest in the <span class=\"dictionary\">motor vehicle<\/span> exists and the recording or filing of such creation or reservation of a security interest in the county or city wherein the purchaser or debtor resides or elsewhere is not necessary and shall not be required. <span class=\"dictionary\">Motor vehicles<\/span>, <span class=\"dictionary\">trailers<\/span> or <span class=\"dictionary\">semitrailers<\/span>, other than those which are inventory held for sale, registered or for which a certificate of title shall have been issued under this title shall not be subjected to, but shall be exempt from the provisions of \u00a7\u00a7&nbsp;<a class=\"law\" title=\"Law governing perfection and priority of security interests\" href=\"\/8.9A-301\/\">8.9A-301<\/a> through <a class=\"law\" title=\"Duty to report\" href=\"\/8.9A-527\/\">8.9A-527<\/a> and \u00a7&nbsp;<a class=\"law\" title=\"Contracts, etc., void as to creditors and purchasers until recorded; priority of credit line deed of trust\" href=\"\/55.1-407\/\">55.1-407<\/a>, nor shall recordation or filing of such security interest, except a security interest in inventory held for sale, in any other place for any other purpose, be required or have any effect.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCERTIFICATE AS NOTICE OF SECURITY INTEREST (\u00a7 46.2-638)\n\nA certificate of title, when issued by the Department showing a security\ninterest, shall be adequate notice to the Commonwealth, creditors, and\npurchasers that a security interest in the motor vehicle exists and the\nrecording or filing of such creation or reservation of a security interest in\nthe county or city wherein the purchaser or debtor resides or elsewhere is not\nnecessary and shall not be required. Motor vehicles, trailers or semitrailers,\nother than those which are inventory held for sale, registered or for which a\ncertificate of title shall have been issued under this title shall not be\nsubjected to, but shall be exempt from the provisions of \u00a7\u00a7 8.9A-301 through\n8.9A-527 and \u00a7 55.1-407, nor shall recordation or filing of such security\ninterest, except a security interest in inventory held for sale, in any other\nplace for any other purpose, be required or have any effect.\n\nHISTORY: Code 1950, \u00a7 46-71; 1958, c. 541, \u00a7 46.1-71; 1966, c. 558; 1989, c.\n727; 2006, c. 896; 2010, c. 135.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}