McKinley v. State Department of Motor Vehicles

Plaintiffs appeal, assigning error to the trial court’s allowance of summary judgment in favor of defendants Denise Quiring and First Security Bank in a dispute over the priority of interests in an automobile. We conclude that, pursuant to former ORS 79.3010(1)(c), repealed by Or Laws 2001, ch 445, § 187,1 defendants have priority over plaintiffs’ unperfected security interest in the vehicle. Consequently, we affirm.

Plaintiffs, along with their son, Brian McKinley, were joint title holders of a 1994 Subaru sedan. In early April 1997, plaintiffs, who were apparently estranged from Brian,…