Foreign Lienor Cannot Prevail in Ohio Against Subsequent Good Faith Purchaser Who Holds Ohio Certificate of Title- Commercial Credit Corp. v. Pottmeyer

Williams purchased an automobile in West Virginia from plaintiff’s assignor on a conditional sales contract. The security interest was duly recorded in West Virginia and noted on the certificate of title. Before paying any of the purchase price, Williams fraudulently procured another West Virginia certificate of title free of notice of liens. Relying on the fraudulent certificate, the defendant bought the car from Williams at an Ohio automobile auction and obtained an Ohio certificate of title. The plaintiff brought suit in Ohio to recover the vehicle and obtained a favorable judgment, which was affirmed by an Ohio court of appeals. On appeal to the Ohio Supreme Court, held, reversed. Under the Ohio Certificate of Title Act, one whose claim is not noted upon an Ohio certificate of title cannot prevail in replevin against a bona fide purchaser without notice who holds an apparently valid Ohio certificate.