Assignment of Security Interests and Liens

  1. Law
  2. Georgia Code
  3. Motor Vehicles and Traffic
  4. Certificates of Title, Security Interests, and Liens
  5. Security Interests in and Liens on Motor Vehicles
  6. Assignment of Security Interests and Liens

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  1. The holder of any security interest in or lien on a vehicle may assign, absolutely or otherwise, such holder's security interest or lien to a person other than the owner without affecting the interest of the owner or the validity of the security interest or lien, but any person without notice of the assignment is protected in dealing with the holder of the security interest or lien, and the holder of the security interest or lien remains liable for any obligations as such holder until the assignee is named as the holder of the security interest or lien on the certificate of title.
  2. The assignee may, but need not to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as holder of a security interest or lien, upon delivering to the commissioner or the commissioner's duly authorized county tag agent the certificate and assignment by the holder of a security interest or lien named in the certificate in the form the commissioner prescribes, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature as long as appropriate security measures are implemented which assure security and verification of the digital signature process, in accordance with regulations promulgated by the commissioner. If the assignment refers to a security interest or lien which is reflected on the certificate of title and the certificate of title is in the possession of the first security interest holder or lienholder as provided by this chapter, the assignee may, but need not to perfect the assignment, have the certificate of title endorsed, or a new certificate of title issued, by complying with Code Section 40-3-27.

(Ga. L. 1961, p. 68, § 24; Ga. L. 1962, p. 79, § 14; Ga. L. 1965, p. 304, § 7; Ga. L. 1990, p. 2048, § 3; Ga. L. 1997, p. 739, § 22.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 6 Am. Jur. 2d, Assignments, §§ 5, 11, 114. 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 44 et seq. 38 Am. Jur. 2d, Garages, Service Stations, and Parking Facilities, §§ 119, 127.

C.J.S.

- 6A C.J.S., Assignments, §§ 11, 43. 53 C.J.S., Liens, § 27. 61A C.J.S., Motor Vehicles, § 1834. 72 C.J.S., Pledges, § 37.

U.L.A.

- Uniform Motor Vehicle Certificate of Title and Anti-Theft Act (U.L.A.) § 22.


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