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2018 Georgia Code 40-3-59 | Car Wreck Lawyer

TITLE 40 MOTOR VEHICLES AND TRAFFIC

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

ARTICLE 3 SECURITY INTERESTS IN AND LIENS ON MOTOR VEHICLES

40-3-59. Certain security interests not affected.

This chapter does not apply to or affect a security interest in a vehicle created by a manufacturer or dealer who holds the vehicle for sale. A buyer in the ordinary course of trade from the manufacturer or dealer takes free of such security interest.

(Ga. L. 1961, p. 68, § 5; Ga. L. 1962, p. 79, § 3; Ga. L. 1990, p. 2048, § 3.)

JUDICIAL DECISIONS

Security interests affected.

- It is only the security interests created by purchasers at retail, or in the ordinary course of business, which come under the provisions of Ga. L. 1961, p. 68 (see now O.C.G.A. Ch. 3, T. 40) and which are affected by it. McDonald v. Peoples Auto. Loan & Fin. Corp., 115 Ga. App. 483, 154 S.E.2d 886 (1967).

Chapter inapplicable to automobile dealers.

- Effect of Ga. L. 1962, p. 79, § 3 (see now O.C.G.A. § 40-3-59) is that the only way to create security interests in automobiles is by the method provided in Ga. L. 1961, p. 68 (see now O.C.G.A. Ch. 3, T. 40), which does not apply to or affect dealers holding automobiles for sale. Sun Ins. Office, Ltd. v. First Nat'l Bank & Trust Co., 113 Ga. App. 782, 149 S.E.2d 753, rev'd on other grounds, 222 Ga. 559, 150 S.E.2d 803 (1966).

Inapplicable to buyer in ordinary course of trade.

- Provision of Ga. L. 1962, p. 79, § 3 (see now O.C.G.A. § 40-3-59) regarding a buyer in the ordinary course of trade taking free of a security interest is applicable only in instances when the dealer's title is not subject to certification under Ga. L. 1961, p. 68 (see now O.C.G.A. Ch. 3, T. 40). First Nat'l Bank & Trust Co. v. Smithloff, 119 Ga. App. 284, 167 S.E.2d 190 (1969).

Security interest perfected under motor vehicle or commercial provisions.

- Security interest in a motor vehicle may be perfected under Ga. L. 1961, p. 68 (see now O.C.G.A. Ch. 3, T. 40) if created by other than a dealer or manufacturer, or under the Uniform Commercial Code (see now O.C.G.A. T. 11) if by a dealer or manufacturer. Guardian Disct. Co. v. Settles, 114 Ga. App. 418, 151 S.E.2d 530 (1966).

Mobile home "on consignment" in retailer's inventory.

- When manufacturer retained certificate of origin for mobile home which was "on consignment" and not yet included in a retailer's floor-plan arrangement, it was nonetheless in the retailer's inventory and available for sale to the retailer's retail customers, and the rights of the parties were determined under the Uniform Commercial Code, O.C.G.A. T. 11, rather than the Motor Vehicle Certificate of Title Act, O.C.G.A. § 40-3-1 et seq. GECC v. Catalina Homes, Inc., 178 Ga. App. 319, 342 S.E.2d 734 (1986).

Perfection of security interest under Uniform Commercial Code.

- When there is vehicle floor-planning, perfection of security interest in inventory comes under the Uniform Commercial Code (see now O.C.G.A. T. 11), and priority is governed by statute. Rome Bank & Trust Co. v. Bradshaw, 143 Ga. App. 152, 237 S.E.2d 612 (1977).

Cited in Capital Auto. Co. v. GMAC, 119 Ga. App. 186, 166 S.E.2d 584 (1969); First Nat'l Bank & Trust Co. v. McElmurray, 120 Ga. App. 134, 169 S.E.2d 720 (1969); United Carolina Bank v. Capital Auto. Co., 163 Ga. App. 796, 294 S.E.2d 661 (1982).

No results found for Georgia Code 40-3-59.