40-3-56
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40-3-56.
(a)(1)
If any security interest or lien listed on a certificate of title is satisfied,
the holder thereof shall, within ten days after demand, execute a release in the
form the commissioner prescribes and mail or deliver the release to the owner,
provided that as an alternative to a handwritten signature, the commissioner may
authorize use of a digital signature as long as appropriate security measures
are implemented which assure security and verification of the digital signature
process, in accordance with regulations promulgated by the commissioner. For the
purposes of the release of a security interest or lien the 'holder' of the lien
or security interest is the parent bank or other lending institution and any
branch or office of the parent institution may execute such release.
(2)
If the commissioner has entered into an agreement with such a security interest
holder or lienholder to provide a means of delivery by secure electronic
measures of a notice of the recording of such security interest or lien, at such
time as the security interest or lien is released, by secure electronic
measures, the certificate of title may be printed and mailed or delivered to the
next lienholder or security interest holder or, if there is no other security
interest holder or lienholder, to the owner without payment of any fee provided
by Code Section 40-3-38.
(b)
The owner may then forward the certificate of title, the release, the properly
executed title application, and title application fee to the commissioner or the
commissioner´s duly authorized county tag agent, and the commissioner or
authorized county tag agent shall release the security interest or lien on the
certificate or issue a new certificate and mail or deliver the certificate to
the owner. If the satisfied security interest or lien is one reflected on the
certificate of title but the certificate of title is in the custody of the first
security interest holder or lienholder as provided by this chapter, the release
may be handled as provided in Code Section 40-3-27, and Code Section 40-3-26
shall otherwise be complied with. In the event that the lienholder or security
interest holder is no longer in business, an individual shall not be required to
submit a release to secure a new certificate of title. The owner shall be
required to present to the commissioner or authorized county tag agent
certification from the appropriate regulatory agency that such lienholder or
security interest holder is no longer in business.
(c)
Except for liens and security interests listed on certificates of title for
mobile homes, cranes, or vehicles which weigh more than 10,000 pounds gross
vehicle weight, which shall be satisfied only in conformity with subsections (a)
and (b) of this Code section, any lien or security interest shall be considered
satisfied and release shall not be required after ten years from the date of
issuance of a title on which such lien or security interest is listed. None of
the provisions of this Code section shall preclude the perfection of a new lien
or security agreement, or the perfection of an extension of a lien or security
agreement beyond a period of ten years, by application for a new certificate of
title on which such lien or security agreement is listed. In order to provide
for the continuous perfection of a lien or security interest originally entered
into for a period of more than ten years for a vehicle other than a mobile home,
crane, or vehicle which weighs more than 10,000 pounds gross vehicle weight, an
application for a second title on which the lien or security interest is listed
must be submitted to the commissioner or the commissioner´s duly authorized
tag agent before ten years from the date of the original title on which such
lien or security interest is listed. Otherwise the lien or security interest
shall be perfected as of the date of receipt of the application by the
commissioner or the commissioner´s duly authorized county tag agent.