Chapter as sole means of perfection.

- Only way to perfect security interest in motor vehicles is by filing under Ga. L. 1961, p. 68 (see now O.C.G.A. Ch. 3, T. 40). General Fin. Corp. v. Hester, 141 Ga. App. 28, 232 S.E.2d 375 (1977).

Penalty for failure to deliver documents.

- O.C.G.A. § 40-3-51 does not purport to void a security interest if delivery of the certificate of title is not made within the prescribed time, but merely sets forth a ten dollar ($10.00) penalty for delivery of relevant documents to the commissioner if not completed in a timely fashion. Perkins v. Gilbert, 169 Bankr. 455 (Bankr. M.D. Ga. 1994).

Retroactivity of late-perfected security interest.

- Late-perfected security interest is not retroactively valid against an innocent third party who acquired the automobile for value. General Fin. Corp. v. Hester, 141 Ga. App. 28, 232 S.E.2d 375 (1977).

No obligation to perfect security interest.

- Credit union which loaned money to a borrower to purchase a van had no obligation to perfect a security interest therein. The borrower never received or took title to the van which was to be security for the loan and, thus, although the credit union could have perfected a security interest by delivering the title to the revenue commissioner, it could do so only after the security interest was created by submitting a title application pursuant to O.C.G.A. § 40-3-51. Hairston v. Savannah River Plant Fed. Credit Union, 216 Ga. App. 246, 453 S.E.2d 811 (1995).

Security interest without perfecting interest on certificate of title.

- Although an application for certificate of title pursuant to O.C.G.A. § 40-3-51 is the exclusive means of perfecting a lien in a motor vehicle, a party may have a security interest in a vehicle without having perfected that interest on the certificate of title. In re Dukes, 213 Bankr. 202 (Bankr. S.D. Ga. 1997).

Cited in Peoples, Inc. v. DeVane, 114 Ga. App. 597, 152 S.E.2d 649 (1966); Wooden v. Michigan Nat'l Bank, 117 Ga. App. 852, 162 S.E.2d 222 (1968); Frank Jackson Motors, Inc. v. Mortgage Enters., Inc., 124 Ga. App. 798, 186 S.E.2d 464 (1971); McMath v. Columbus Bank & Trust Co., 136 Ga. App. 723, 222 S.E.2d 177 (1975); Gwinnett Sales & Serv. v. Trust Co., 130 Ga. App. 31, 202 S.E.2d 255 (1976); May v. Macioce, 191 Ga. App. 491, 382 S.E.2d 198 (1989); May v. Macioce, 200 Ga. App. 542, 409 S.E.2d 45 (1991).

Receipt of application or notice of lien in commissioner's records.

- Department of Revenue's (now commissioner's) records show when an application or notice of lien is received under Ga. L. 1961, p. 68 (see now O.C.G.A. Ch. 3, T. 40) for use in determining relative priority of security interest. 1962 Op. Att'y Gen. p. 310.

Correction of title certificate.

- If title certificate is incorrect, it should be returned to commissioner and the owner notified by the security interest holder that the holder has received the certificate, that it contained an error, and that the holder has returned the certificate to the commissioner; the commissioner will issue a correct certificate of title if such seems to be required under the circumstances. 1962 Op. Att'y Gen. p. 311.

Used car dealers.

- 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.

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 36, 37, 56. 51 Am. Jur. 2d, Liens, § 16.

C.J.S.

- 60 C.J.S., Motor Vehicles, § 103 et seq. 72 C.J.S., Pledges, § 13. 78A C.J.S., Sales, § 807 et seq.

U.L.A.

- Uniform Motor Vehicle Certificate of Title and Anti-Theft Act (U.L.A.) §§ 20, 21.

ALR.

- Lien for repairs to or services in connection with automobile, 62 A.L.R. 1485.