“Security interest” defined. “Security interest” means an interest in a vehicle, including a mobile home whether or not permanently attached to the land, reserved or created by agreement, which secures payment or performance of an obligation. “Security interest” includes the interest of a lessor under a lease intended as security. Whether a lease is intended as security is to be determined by the facts of each case, but:
1. The inclusion of an option to purchase does not of itself make the lease one intended for security; and
2. An agreement that upon compliance with the terms of the lease the lessee shall become or has the option to become the owner of the vehicle for no additional consideration does make the lease one intended for security.
Last modified: February 25, 2006