In re Renaud
United States Court of Appeals for the Eighth Court of Appeals Bankruptcy Appellate Panel
308 B.R. 347 (2004)
The Renauds (debtors) refinanced their purchase of a mobile home and the real property on which it resided with Simmons Bank (creditor). The previous lienholder on the mobile home released the lien listed on the certificate of title. The Arkansas Department of Finance issued a clean certificate of title, but Simmons failed to note its interest in the mobile home on the title. Simmons properly recorded the mortgage on the real property, including all existing and future fixtures. The Renauds filed for bankruptcy. The bankruptcy court held Simmons failed to perfect its interest in the mobile home. Under Arkansas state law, security interests in mobile homes may only be perfected through notation of the interest on the certificate of title. Simmons appealed by alleging its interest in the mobile home was perfected when it recorded the mortgage.
Rule of Law
Holding and Reasoning (Venters, J.)
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