Processing of applications and issuance of certificates; records to be kept by department; withholding issuance of certificate.

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(A) The department shall file each application for certificate of title which is received by it, provided it is accompanied by the required fee and complies in all other respects with this chapter. When satisfied that the application is in proper form, that the applicant is the owner of the watercraft or outboard motor, and that there is no security interest in the watercraft or outboard motor not disclosed in the application, the department shall issue a certificate of title to the watercraft or outboard motor.

(B) The department shall maintain a record of all certificates of title issued by it:

(1) Under a distinctive title number assigned to a watercraft or outboard motor;

(2) Under the identification number awarded to a watercraft in accordance with the registration and numbering act of the state in which it is registered. If the State requires outboard motors to be registered separately, the department shall keep the motor registration numbers in its titling records;

(3) Alphabetically, under the name of the owner; and

(4) In the discretion of the department, in any other method it determines.

(C) All records of the department relating to the titling of watercraft or outboard motors shall be public records.

(D) If the department is not satisfied that the applicant for a certificate of title to a watercraft or outboard motor is the bona fide owner of such watercraft or outboard motor and that there is no security interest in it not disclosed in the application, the department shall withhold the issuance of a certificate of title until the applicant reasonably satisfies the department that the applicant is the owner of the watercraft or outboard motor and that there are no undisclosed security interests in it.

HISTORY: 1962 Code Section 70-295.108; 1971 (57) 915; 1993 Act No. 181, Section 1270.


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