32-3A-45 — Notification to deliver certificate of title upon treasurer's receipt of lien ortitle instrument--Notation of lien--Notice to lien holder--Liability forrefusing to show lien.
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32-3A-45.
Notification to deliver certificate of title upon treasurer's receipt of lien or title
instrument--Notation of lien--Notice to lien holder--Liability for refusing to show lien.
The county
treasurer, upon receipt of a lien or title instrument duly executed in the manner prescribed by law
governing such instruments, together with the fee prescribed for notation thereof which is
nonrefundable, shall notify the holder of the certificate of title to deliver to the treasurer, within
fifteen days from the date of notice, the certificate of title to permit notation of the lien, and if
necessary, the issuance of a new certificate of title. After the notation of the lien, the treasurer shall
deliver the certificate of title to the owner or as otherwise directed by the owner. The secured party
shall be mailed or delivered notification of the party's security interest as filed and noted on the
certificate of title. Any holder of the certificate of title who refuses to deliver the certificate of title
to the treasurer for purposes of showing the lien on the certificate of title within fifteen days from
the date notified to do so by the treasurer is liable for damages to the lien holder for the amount of
damage the lien holder suffered by reason of the holder of the certificate of title refusing to permit
the showing of the lien on the certificate of title.
Source: SL 1993, ch 322, § 29; SDCL 42-8-97; SL 2003, ch 160, § 11.