40-3-51
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40-3-51.
If
the owner creates a security interest in a vehicle:
(1)
The owner shall immediately execute the application in the space provided
therefor on the certificate of title or on a separate form that the commissioner
prescribes, naming the holder of the security interest on the certificate and
showing the name and address of the security interest holder, and shall cause
the certificate, the application, and the required fee to be delivered to the
security interest holder;
(2)
The security interest holder shall immediately cause the certificate of title
and application and the required fee to be mailed or delivered to the
commissioner or the commissioner´s appropriate authorized county tag agent
within 90 days of the date of creation of the security interest or lien. If the
certificate of title and application and the required fee are not mailed or
delivered within such time, the lien or security interest holder shall be
required to pay a $10.00 penalty in addition to the ordinary title fee provided
for by this chapter. If the documents submitted in support of the title
application are rejected, the party submitting the documents shall have 60 days
from the date of initial rejection to resubmit the documents required by the
commissioner or the authorized county tag agent for the issuance of title. If
the documents are not properly resubmitted within the 60 day period, there shall
be an additional $10.00 penalty assessed, and the owner of the vehicle shall be
required to remove immediately the license plate of the vehicle and return same
to the commissioner or authorized county tag agent. The license plate shall be
deemed to have expired at 12:00 Midnight of the sixtieth day following the
initial rejection of the documents, if the documents have not been resubmitted
as required under this paragraph; and
(3)
Upon receipt of the certificate of title, the application, and the required fee,
the commissioner or the commissioner´s duly authorized county tag agent
shall issue a new certificate containing the name and address of the holder of
the security interest and of holders of previous unreleased security interests
and liens, if any, and shall mail the certificate to the first holder on it. If
more than one holder is named on the certificate, the first holder shall comply
with subsection (b) of Code Section 40-3-26 in regard to notifying other holders
of the content of the certificate.