O.C.G.A.

O.C.G.A. § 11-9-337 (2019)

Priority of security interests in goods covered by certificate of title

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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If, while a security interest in goods is perfected by any method under the law of another jurisdiction, this state issues a certificate of title that does not show that the goods are subject to the security interest or contain a statement that they may be subject to security interests not shown on the certificate: (1) A buyer of the goods, other than a person in the business of selling goods of that kind, takes free of the security interest if the buyer gives value and receives delivery of the goods after issuance of the certificate and without knowledge of the security interest; and (2) The security interest is subordinate to a conflicting security interest in the goods that attaches and is perfected under subsection (b) of Code Section 11-9-311, after issuance of the certificate and without the conflicting secured party’s knowledge of the security interest.

History

Code 1981, § 11-9-337, enacted by Ga. L. 2001, p. 362, § 1.

Annotations

JUDICIAL DECISIONS Trial court erred in concluding that the security interest holder had a

valid, perfected security interest in the vehicle that the car buyer purchased; or-

dinarily, its security interest would have been noted on the certificate of title issued at time of purchase, but the state motor vehicle department made a clerical error and did not include the security interest holder’s security interest on the certificate of title and, as a result, the buyer was able to purchase the car free of the security interest holder’s security interest pursuant to O.C.G.A. § 11-9-337, which pro-

vided an exception to enforcement of a security interest pursuant to O.C.G.A. § 40-3-50 for people taking delivery of a good without knowledge of a security interest. Metzger v. Americredit Fin. Svcs., 273 Ga. App. 453, 615 S.E.2d 120, 2005 Ga. App. LEXIS 336 (2005), cert. denied, No. S05C1525, 2005 Ga. LEXIS 552 (Ga. Sept. 19, 2005).

RESEARCH REFERENCES U.L.A. Uniform Commercial Code (U.L.A.) § 9337. ALR. Choice of State Law Governing Perfec-

tion of Security Interest or Agricultural Lien Under Revised Article 9 of Uniform Commercial Code, 39 A.L.R.7th Art. 3.

Notes of Decisions

Cited in 1 case, 2005–2005 · leading case: Metzger v. Americredit Fin. Servs., Inc., 615 S.E.2d 120 (Ga. Ct. App. 2005).

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Metzger v. Americredit Fin. Servs., Inc., 615 S.E.2d 120 (Ga. Ct. App. 2005). · cites it 28× “Metzger contends that the superior court erred by failing to conclude that she took her vehicle free of AmeriCredit’s security interest under the special good faith purchaser rule for goods covered by a certificate of title set forth in OCGA § 11-9-337 (1). We agree and reverse.”

— 11-9-337(1) — 1 case

Metzger v. Americredit Fin. Servs., Inc., 615 S.E.2d 120 (Ga. Ct. App. 2005). “Metzger contends that the superior court erred by failing to conclude that she took her vehicle free of AmeriCredit’s security interest under the special good faith purchaser rule for goods covered by a certificate of title set forth in OCGA § 11-9-337 (1). We agree and reverse.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.