Title 40, Chapter 3, Section 26
( 40-3-26)
(a)(1) The certificate of title shall be mailed or delivered to
the holder of the first security interest or lien named in it. In
the event there is no security interest holder or lienholder named
in such certificate, the certificate of title shall be mailed or
delivered directly to the owner. (2) The commissioner may enter into agreements with any such 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. Such security interest or lien shall remain on the official records of the department until such time as the security interest or lien is released by secure electronic measures or affidavit of lien or security interest release; after which release, or at the request of the lienholder or security interest holder, the certificate of title may be printed and mailed or delivered to the next lienholder or security interest holder or as otherwise provided by paragraph (1) of this subsection without payment of any fee provided by Code Section 40-3-38. (b) If the certificate of title is mailed to a security interest
holder or lienholder, such person shall notify by mail all other
lien or security interest holders that such person has received the
certificate of title. The notice shall inform the security interest
holder or lienholder of the contents and information reflected on
such certificate of title. Such mailing or delivery shall be within
five days, exclusive of holidays, after the receipt of the
certificate by the holder of any security interest or lien. (c) The security interest holder or lienholder may retain custody of
the certificate of title until such security interest holder's or
lienholder's claim has been satisfied. The security interest holder
or lienholder having custody of a certificate of title must deliver
the certificate of title to the next lienholder or security interest
holder within ten days after such custodial security interest
holder's or lienholder's lien or security interest has been
satisfied and, if there is no other security interest holder or
lienholder, such custodial security interest holder or lienholder
must deliver the certificate of title to the owner. (d) If a lien or security interest has been electronically recorded, the release of such lien or security interest will require the lienholder to notify the commissioner and the owner of the vehicle, on a form prescribed by the commissioner, or by electronic means approved by the commissioner, of the release of the lien or security interest. Such notice will inform the owner that such owner may request a title free of lien, upon verification of such owner's current mailing address, from the commissioner as provided in Code Section 40-3-56. |