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| Automotive LAWDOG Georgia |
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| Certificate of Title Required Owners
of vehicles required by law to be registered, for which no Georgia certificate of title
has been issued, may make application to the commissioner or to the tag agent in county
where owner resides, or if vehicle is owned by and used in connection with established
business, application may be made to commissioner or tag agent in county in which business
is located. When owner of vehicle is required to have certificate of title, until a
certificate of title application is made, the tag agent or commissioner may not register
or renew. See Georgia Code Section 40-3-20 |
| Transfer Requires Assignment of
Title If owner transfers interest in vehicle, other than by creation of a
security interest, he must, at time of delivery of vehicle, execute the assignment and
warranty of title to transferee on certificate of title or approved form, and cause
certificate and assignment to be delivered to transferee. If the transferor fails to
deliver properly assigned certificate, transferor may be subject to criminal and civil
liability by failure to comply with subsection. See Georgia Code Section 40-3-32
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| Procedure Required To Transfer
If security interest is reserved or created at time of transfer, certificate of title is
retained by or delivered to lienholder, and the parties comply with Code Section 40-3-51.
In most situations, except as between the parties, a transfer by an owner is not effective
and no purchaser or transferee shall acquire any right, title, or interest in and to a
vehicle purchased unless and until buyer obtains from transferor the certificate of title,
transferred in accordance with this Code section. See Georgia Code Section 40-3-32
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| Certificate May Be Held By
Secured Party The certificate of title is mailed or delivered
to holder of first lien named in it. If there is no lienholder named, the certificate of
title is mailed or delivered directly to owner. The commissioner may by agreement deliver
electronic notice and recording of security interests. If the certificate of title is
mailed to a security interest holder or lienholder, such person must notify, by mail, all
other lien or security interest holders that such person has received the certificate of
title. The notice must inform the security interest holder or lienholder of the contents
and information reflected on such certificate of title. Such mailing or delivery must be
within five days, exclusive of holidays, after receipt of certificate by the holder of any
security interest or lien. See Georgia Code Section 40-3-26 |
| Custody of Certificate After
Payment The security interest holder or lienholder may retain
custody of certificate of title until claim has been satisfied. The security interest
holder must deliver the certificate to the next lienholder within ten days after interest
has been satisfied. If there are no other security interests, the certificate of title is
delivered to owner after satisfaction. See Georgia Code Section 40-3-26 |
| Application For Buyer Transferee,
promptly after delivery of vehicle and certificate of title, must execute application for
new certificate of title, and cause application and certificate of title to be mailed or
delivered to commissioner or appropriate authorized county tag agent with application for
change of registration for vehicle, so that title application is received within 90 days
from date of transfer of vehicle. If title application not received within that time,
owner must pay penalty. If documents submitted in support of title application are
rejected, the party submitting may have 60 days from date of initial rejection to resubmit
documents required. If the documents are not properly resubmitted within 60 days, there is
additional penalty, and owner must remove immediately the license plate and return to
commissioner. See Georgia Code Section 40-3-32 |
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Georgia Department of Revenue
Motor Vehicle Division
Trinity-Washington Building
270 Washington St.
PO Box 38165
Atlanta, Georgia 30334
(404) 657-9300 |
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| The Georgia Legislature supplies the Motor Vehicle Sales
Finance Act, beginning with Georgia Code Section 10-1-30 |
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| Manufacturers, distributors, and dealers engaged in the
manufacture, sale, or leasing of vehicles required to be registered must register with the
commissioner. See Georgia Code Section 40-2-38 |
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