Title 40, Chapter 3, Section 31
( 40-3-31)
If a certificate of title is lost, stolen, mutilated, or destroyed
or becomes illegible, the owner or the legal representative of the
owner named in the certificate, as shown by the records of the
commissioner or the commissioner's duly authorized county tag agent,
shall promptly make application for and may obtain a replacement,
upon furnishing information satisfactory to the commissioner or
authorized county tag agent. The replacement shall be issued on the
following terms and conditions: (1) If the replacement title is issued to the owner named in the
lost, stolen, mutilated, or destroyed certificate, as shown by the
records of the commissioner or authorized county tag agent, the
replacement certificate of title shall contain the legend: "This is a replacement certificate and may be subject to the
rights of a person under the original certificate."; (2) When the vehicle for which a replacement certificate of title
has been issued is transferred to a new owner, the certificate of
title issued to the transferee shall continue to contain the
legend: "This is a replacement certificate and may be subject to the
rights of a person under the original certificate." After a replacement certificate has been issued and the records of
the commissioner or authorized county tag agent show that the
owner has held record title continuously for a period of not less
than six calendar months and the record title of the owner has not
been challenged, the commissioner or authorized county tag agent
may, upon proper application, issue a replacement title, which
shall simply contain the legend "Replacement Title"; (3) A person recovering an original certificate of title for which
a replacement has been issued shall promptly surrender the
original certificate to the commissioner or authorized county tag
agent. Where the owner named in a replacement certificate of
title, or a transferee, recovers the original certificate such
owner or transferee may surrender the original certificate
together with the replacement title and if such owner or
transferee is otherwise entitled to a certificate the commissioner
or authorized county tag agent may issue such owner or transferee
a new certificate of title with no legend thereon; (4) If two or more innocent persons are the victims of the fraud
or mistake of another and none of the victims could have
reasonably taken steps to detect or prevent the fraud or mistake,
the victim who first acquired an interest in a vehicle through any
certificate of title shall have such victim's interest protected;
and (5) A replacement title when the original has been lost in the
mail prior to receipt by the registered owner shall be issued by
the commissioner without charge upon application and completion of
the form and affidavit prescribed by the commissioner setting
forth the circumstances of nonreceipt of the title. The owner
shall report the nonreceipt or loss and apply for replacement of
the title to the commissioner within 60 days of the issuance of
such title by the commissioner. An applicant shall provide an
affidavit of nonreceipt and verify his or her current mailing
address. |