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2018 Georgia Code 40-3-31 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-3-31 Case Law from Google Scholar Amendments to OCGA 40-3-31

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

40-3-31. Lost, stolen, mutilated, or destroyed certificates.

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.

(Ga. L. 1961, p. 68, § 14; Ga. L. 1965, p. 304, § 3; Ga. L. 1974, p. 593, § 1; Ga. L. 1977, p. 252, §§ 1, 2; Code 1981, §40-3-30; Ga. L. 1985, p. 149, § 40; Ga. L. 1986, p. 438, § 3; Code 1981, §40-3-31, as redesignated by Ga. L. 1990, p. 2048, § 3; Ga. L. 1994, p. 97, § 40; Ga. L. 1997, p. 739, § 14; Ga. L. 1998, p. 1179, § 34.)

JUDICIAL DECISIONS

Acquisition of title through fraud or mistake.

- When the pawnbroker could have perfected a lien long before the expiration of six months after even the second replacement title was issued, this would have been a reasonable step to prevent the fraud perpetrated upon the defendants; therefore, the pawnbroker was not an innocent party pursuant to O.C.G.A. § 40-3-31(4). Cobb Ctr. Pawn & Jewelry Brokers, Inc. v. Gordon, 242 Ga. App. 73, 529 S.E.2d 138 (2000).

Clerical error.

- Trial court erred in concluding that the security interest holder had a valid, perfected security interest that the court could enforce against the car buyer regarding the car purchased, based on O.C.G.A. § 40-3-31(4), as that statutory section pertained to lost, stolen, mutilated, or destroyed certificates of title; the car buyer's certificate of title did not reflect the security interest because the state motor vehicles department made a clerical error and issued a certificate of title without the security interest. Metzger v. Americredit Fin. Svcs., 273 Ga. App. 453, 615 S.E.2d 120 (2005).

Cited in In re Firth, 363 F. Supp. 369 (M.D. Ga. 1973); First Nat'l Bank v. National Dealer Servs., Inc., 155 Ga. App. 384, 270 S.E.2d 911 (1980); Martin v. State, 160 Ga. App. 275, 287 S.E.2d 244 (1981).

OPINIONS OF THE ATTORNEY GENERAL

Security interest of used car dealer.

- Failure of a used car dealer to be listed on the certificate of title as an owner or security interest holder does not affect the creation of the security interest and all the rights attached thereto including repossession. 1990 Op. Att'y Gen. No. 90-8.

RESEARCH REFERENCES

C.J.S.

- 60 C.J.S., Motor Vehicles, § 100 et seq.

U.L.A.

- Uniform Motor Vehicle Certificate of Title and Anti-Theft Act (U.L.A.) § 13.

Cases Citing Georgia Code 40-3-31 From Courtlistener.com

Total Results: 1

Brown v. Citizens & Southern National Bank

Court: Supreme Court of Georgia | Date Filed: 1984-05-01

Citation: 317 S.E.2d 180, 253 Ga. 119, 1984 Ga. LEXIS 757

Snippet: thereby transferring the car to his wife. See OCGA § 40-3-31 (a). Rather the signature indicates that it was