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Stanton v. Mazda 2001 VIN 4F2YU08121KM57063

April 22, 2003

ANNE STANTON, RESPONDENT,
v.
MAZDA 2001 VIN 4F2YU08121KM57063 PLATE NO. GLE 228 (MN) DATE OF SEIZURE: 09/09/01, APPELLANT.



Carver County District Court File No. C7011722

Considered and decided by Willis , Presiding Judge, Schumacher , Judge, and Anderson , Judge.

SYLLABUS BY THE COURT

A bona fide security interest in a vehicle under Minn. Stat. § 169A.63, subd. 7(b) (2002), may be created without perfecting that interest as provided in Minn. Stat. §á168A.17 (2002).

The opinion of the court was delivered by: Robert H. Schumacher, Judge

Affirmed

OPINION

The state appeals the district court's ruling that respondent Anne Stanton had a bona fide security interest in her granddaughter's vehicle that was seized by the state. We affirm.

FACTS

On May 8, 2001, Stanton co-signed on an installment loan for her granddaughter to purchase a 2001 Mazda automobile. The loan was guaranteed by Stanton's savings account. Granddaughter wrote a letter to Stanton that same day pledging the vehicle as collateral for the loan. Neither party ever registered Stanton's interest in the vehicle with the state.

On September 9, 2001, granddaughter was stopped and arrested for driving under the influence of alcohol. She had two prior driving while impaired violations within ten years and was charged with first-degree driving while impaired. She was also served with a notice of intent to forfeit the Mazda which she was driving at the time, as mandated by Minn. Stat. § 169A.63, subd. 6 (2002). The statute provides that a"motor vehicle is subject to forfeiture * * * if it was used in * * * conduct resulting in a designated license revocation." Id. A designated license revocation includes a third impaired driving incident within a ten year period. Minn. Stat. § 169A.63 subd. 1 (c) (2002).

Stanton filed a petition for judicial determination of forfeiture claiming she had a bona fide security interest in the vehicle. The district court agreed, finding that Stanton had a bona fide security interest in the vehicle. The state filed a motion for reconsideration, which was denied. This appeal followed.

ISSUE

Did Stanton have a bona fide interest in the vehicle under Minn. Stat. ยง 169A.63, subd. 7 if the interest was not perfected ...


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