Title 40, Chapter 3, Section 53
( 40-3-53)
(a) If the holder of any lien as defined in paragraph (7) of Code Section 40-3-2, except the holder of a mechanic's lien, perfection of which is prescribed in Code Section 40-3-54, desires to perfect such lien against a vehicle, the lienholder shall, on the form prescribed by the commissioner, execute a title application and a notice of lien stating the type of lien and the specific vehicle against which the lien is claimed and shall forward such notice and title application, together with a fee as provided by Code Section 40-3-38, either personally or by certified mail or statutory overnight delivery, return receipt requested, to the person who has custody of the current certificate of title at the address shown on such certificate of title. If someone other than the owner is holding the certificate of title, a copy of the notice shall also be forwarded to the owner. The lien claimant shall retain the certified mail or statutory overnight delivery receipt as proof of compliance with this Code section. (b) After receipt of the notice of lien, as specified in this Code
section, neither the owner nor any other person shall take any
action affecting the title other than as provided in this Code
section. After receipt of the notice of lien, the person holding
the certificate of title shall hold the notice of lien and
attachments and the title for ten days. If, during the ten-day
period following receipt of the notice, the claimed lien is
satisfied, the lien claimant shall, on the form prescribed by the
commissioner, notify the owner and the person holding the
certificate of title of such satisfaction. The notice of
satisfaction shall serve as a release and withdrawal of the pending
notice of lien. If the owner or person holding the certificate of
title chooses to contest the claimed lien, such owner or person
holding the certificate of title shall so indicate on the notice of
lien form and shall notify the other interested parties. If the
notice contesting the lien is given, or if ten days have elapsed
without the lien being satisfied, the person holding the certificate
of title shall forward the certificate of title together with the
notice of lien and attachments thereto to the commissioner or the
commissioner's duly authorized county tag agent in order that the
commissioner or authorized county tag agent may issue a new
certificate of title and reflect on the new certificate of title the
lien on the vehicle. The owner or the person who has custody of the
current certificate of title shall comply with the instructions
contained in the notice, and in the event such owner or person
having custody of the current title cannot do so such owner or
person having custody of the current title shall notify the lien
claimant. The commissioner or authorized county tag agent, upon
receipt of a properly executed title application, notice, fee, and
the current certificate of title, shall enter the lien on the
commissioner's or authorized county tag agent's records and shall
issue a new certificate of title reflecting the lien and shall then
deliver the certificate of title as provided for in this chapter.
The lien shall be perfected at the time the lien notice, application
for title, fee, and current certificate of title are received by the
commissioner or authorized county tag agent. (c) In the event that the person who has custody of the current
certificate of title fails, refuses, or neglects to forward the
title application, notice, fee, and current certificate of title to
the commissioner or the commissioner's duly authorized county tag
agent as required in this Code section, the lien claimant may, if
such lien claimant's lien has not been satisfied, on a form
prescribed by the commissioner, make direct application to the
commissioner or authorized county tag agent. Such direct
application to the commissioner or authorized county tag agent shall
have attached to it the return registered or certified mail or
statutory overnight delivery receipt showing the previous mailing of
the title application, fee, and notice to the person who has custody
of the current certificate of title. Upon receipt of such a direct
application, the commissioner or authorized county tag agent shall
order the person who has custody of the current certificate of title
to forward the certificate of title to the commissioner or
authorized county tag agent for the purpose of having the lien
entered and a new certificate of title reflecting the lien issued.
If, after a direct application to the commissioner or authorized
county tag agent and after the order of the commissioner or
authorized county tag agent, the person who has custody of the
current certificate of title continues to fail, refuse, or neglect
to forward the certificate of title as provided in this Code
section, the commissioner or authorized county tag agent may cancel
the current certificate of title and issue a new certificate of
title reflecting all security interests and liens, and this new
certificate of title shall be delivered as provided for in this
chapter. In the event a direct application is made, the lien shall
be perfected as of the date the outstanding certificate of title is
canceled. (d) No security interest holder or lienholder having custody of the
certificate of title shall have the validity of such security
interest holder's or lienholder's security interest or lien affected
by surrendering the certificate of title as provided by this Code
section. The first security interest holder or lienholder shall
have the responsibility to advise a prospective transferee or
security interest holder, upon inquiry, that a notice of subsequent
lien has been received. Upon the issuing of a new certificate of
title, the commissioner or the commissioner's duly authorized county
tag agent shall cancel the old certificate of title. (e) A lien perfected under this Code section shall be a lien only
against the specific vehicle identified in the application for a new
certificate. (f) A lien on a vehicle for which a certificate of title is required
shall be perfected and shall be valid against subsequent transferees
and holders of security interests and liens only by compliance with
this Code section. The procedure contained in this chapter shall be
the exclusive method for the perfection of liens on vehicles, and no
lien shall be effective as to a vehicle unless so perfected. |