Ga. Comp. R. & Regs. R. 560-10-13-.04 - Certificate of Title of a Vehicle where the Commissioner is not satisfied as to the Ownership; Bond

(1) When appropriate documentation is not available to prove ownership pursuant to the Certificate of Title Act and certificate of title is not held by a lien holder, the methodologies set forth herein shall be used to secure issuance of a Certificate of Title.

(2) An owner applying for a certificate of title and registration who cannot satisfy the commissioner as to the assignment of ownership shall submit to the commissioner or duly authorized county tag agent:

(a) A title application on a form prescribed by the commissioner along with the requisite supporting documentation;

(b) A surety bond on a form prescribed by the commissioner in an amount required in sub-section (3) of this Rule. The bond shall be issued by a bonding, surety or insurance company licensed to do business in Georgia and contain verification that the vehicle is not subject to any security interest or lien;

(i) If the vehicle has not been issued a Georgia Certificate of Title, a report from the National Motor Vehicle Title Information System (NMVTIS) (www.vehiclehistory.gov) indicating the title of record;

(ii) The owner shall then provide a certified title history from the state where the vehicle is currently titled and if the certified title history indicates a security interest or lien, the application shall be denied.

(c) An affidavit from the transferor or seller, on a form prescribed by the commissioner, stating the reason or reasons an assigned and warranty of title cannot be provided, including all efforts to obtain the certificate of title;

(d) A certification of the vehicle identification number (VIN) inspection on a form prescribed by the commissioner made by a duly constituted city, county or state law enforcement officer. Any officer completing such a certification shall query the Georgia Crime Information Center to determine if the vehicle in question is stolen, and he or she shall indicate that the query was made on the face of the Form; and

(e) Payment of all applicable taxes and fees.

(f) No application for title shall be accepted for any vehicle subject to a security interest or lien.

(3) The bond amount shall be double the fair market value of the motor vehicle as provided for in O.C.G.A. § 48-5C-1, or $5,000.00 whichever is greater.

(4) In the event the value is not found in the motor vehicle assessment, including any commercial vehicle or trailer, the bond amount shall be double the taxable value determined by the County Board of Tax Assessors, or $5,000.00 whichever is greater.

(a) The County Board of Tax Assessors shall apply the same procedures to determine the taxable value as other personal property would be assessed.

(b) The Assessor shall provide to the owner a signed and dated statement of the taxable value on Assessor's official stationary describing the vehicle, the legal name of the person requesting the assessment, and the amount of taxable value.

(5) Upon determination by the duly authorized county tag agent that the application with the appropriate documentation and that payment of all required fees has been received, the Department may issue a Georgia Certificate of Title that states "Surety Bond" in the legend.

Notes

Ga. Comp. R. & Regs. R. 560-10-13-.04

O.C.G.A. §§ 40-3-3, 40-3-28, 48-2-12 and 48-5C-1.

Original Rule entitled "Application of These Regulations" adopted. F. and eff. June 30, 1965. Amended: F. July 12, 1971; eff. August 1, 1971. Amended: F. Nov. 17, 1971; eff. Dec. 7, 1971. Repealed: F. Apr. 16, 2003; eff. May 6, 2003. Adopted:New rule entitled "Certificate of Title of a Vehicle where the Commissioner is not satisfied as to the Ownership; Bond." F. Nov. 14, 2013; eff. Dec. 4, 2013.