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2018 Georgia Code 40-3-29 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-3-29 Case Law from Google Scholar Amendments to OCGA 40-3-29

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 3. Certificates of Title, Security Interests, and Liens, 40-3-1 through 40-3-95.

ARTICLE 2 CERTIFICATES OF TITLE

40-3-29. Refusing certificate.

  1. The commissioner or the commissioner's duly authorized county tag agent shall refuse issuance of a certificate of title only if any required fee is not paid or if the commissioner or the commissioner's duly authorized county tag agent has reasonable grounds to believe that:
    1. The applicant is not the owner of the vehicle;
    2. The application contains a false or fraudulent statement;
    3. The applicant fails to furnish required information or documents or any additional information the commissioner or authorized county tag agent reasonably requires; or
    4. The registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this state.
  2. If the application for first certificate of title is rejected, the application shall be returned to the holder of the first security interest or lien named in the application or to the owner if there is no security interest holder or lienholder.

(Ga. L. 1961, p. 68, § 13; Ga. L. 1982, p. 403, §§ 1, 3; Ga. L. 1990, p. 2048, § 3; Ga. L. 1997, p. 739, § 13.)

JUDICIAL DECISIONS

Stringent requirements.

- Requirements to be met for issuance of certificate of title are more stringent than those required to perfect a security interest and therefore an application may have enough information for the applicant to have a security interest perfected and yet not enough information for the applicant to receive a certificate of title. Harris v. Ford Motor Credit Co. (In re Smith), 10 Bankr. 883 (M.D. Ga. 1981).

OPINIONS OF THE ATTORNEY GENERAL

Refusing title to nonresidents.

- If the owner of a bus used in an interstate business, but required to be registered in Georgia, is a resident of a foreign state and elects to title the owner's vehicle in Georgia, the commissioner may refuse to title such a vehicle only on the grounds specified by Ga. L. 1961, p. 68, § 13 (see now O.C.G.A. § 40-3-29). 1963-65 Op. Att'y Gen. p. 425.

Priority of stolen vehicle's original owner's property right.

- Issuance of title to another cannot deprive stolen vehicle's original owner of that person's property right. 1970 Op. Att'y Gen. No. U70-224.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 30, 31.

C.J.S.

- 60 C.J.S., Motor Vehicles, §§ 96 et seq., 273, 274, 276.

U.L.A.

- Uniform Motor Vehicle Certificate of Title and Anti-Theft Act (U.L.A.) § 12.

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