Title 40, Chapter 3, Section 28
( 40-3-28)
If the commissioner or the commissioner's duly authorized county tag
agent is not satisfied as to the ownership of the vehicle or that
there are no undisclosed security interests in it, the commissioner
or authorized county tag agent may register the vehicle, but shall
either: (1) withhold issuance of a certificate of title until the
applicant presents documents reasonably sufficient to satisfy the
commissioner or authorized county tag agent as to the applicant's
ownership of the vehicle and that there are no undisclosed security
interests in it; or (2) as a condition of issuing a certificate of
title, require the applicant to file with the commissioner or
authorized county tag agent a bond in the form prescribed by the
commissioner and executed by the applicant and by a bonding, surety,
or insurance company licensed to do business in Georgia. The bond
shall be in an amount equal to the value of the vehicle as
determined by the commissioner or authorized county tag agent and
payable to the commissioner or authorized county tag agent for the
benefit of any prior owner, lienholder, or security interest holder,
and any subsequent purchaser of the vehicle or person acquiring any
security interest or lien on it, and their respective successors in
interest, against any expense, loss, or damage, by reason of the
issuance of the certificate of title of the vehicle or on account of
any defect in or undisclosed security interest upon the right,
title, and interest of the applicant in and to the vehicle. The
commissioner or authorized county tag agent shall have a right of
action to recover on the bond for any breach of its conditions, but
the aggregate liability of the surety to all persons shall not
exceed the amount of the bond. The bond shall expire at the end of
four years unless the commissioner or authorized county tag agent
has been notified of a breach of a condition of the bond. |