Montana Attorney General Opinion 16-113

Opinion No. 113. Sheriff-Motor Vehicles-Mortgage, Filing of Return-Foreclosure of. HELD: The law does not provide any place where the sheriff must file his return on foreclosure of mortgages covering motor vehicles. Mr. C. F. Holt County Attorney Great Falls, Montana June 7, 1935. You have requested the opmlOn of this office as to where the sheriff should file his return on foreclosure of mortgages covering motor vehicles, and what fee is to be paid therefor. Chapter 159, Section 4 (b), Laws of 1933 provides that a chattel mortgage on motor vehicles is excepted from the provisions of 8278 and 8280 R. C. M. 1921. Said Section 8278 provides for the filing of a chattel mortgage in the office of the clerk and recorder of the county where the property was situated at the time of the execution of the mortgage. Section 8280 pro- vides for the filing of a renewal affi- davit with the clerk and recorder. Section 4 (c) of said Chapter 159 re- quires that a mortgagee holding a mortgage on a motor vehicle shall de- posit with the registrar of motor ve- hicles the original mortgage, or a cer- tified copy thereof, and that the mort- gagee shall then be registered as the legal owner. It also provides that such registration and deposit shall be constructive notice of the said mort- gage and its contents of subsequent purchasers and encumbrancers. Sec- tion 4 (d) of said Chapter 159 pro- vides that upon default under a chattel mortgage covering a motor vehicle, the mortgagee may foreclose as in the case of other personal property upon delivery to the sheriff of the original instrument or a certified copy thereof. Section 8288 R. C. M. 1921 provides that after the sale on foreclosure of any mortgaged personal property the person making the sale shall' make out in writing a full report and "shall file the same in the office of the county clerk and recorder where the mortgage is filed." Obviously it is im- possible to comply with this statute when mortgages of motor vehicles are no longer filed with clerks and re- corders. The question remains, should such return be filed with the registrar of motor vehicles? 1 do not find any provision where the legislature has so declared. Possibly this was an over- sight. Possibly the legislature felt that the registration of the motor ve- hicle by the purchaser at sheriff's sale would suffice. It is useless, how- ever, to speculate. In the absence of a specific requirement enacted by ~he legislature, I am forced to the conclu- sion that no such return is required.