§ 40-3-50 — Perfection of security interests generally

(a) Except as provided in Code Sections 11-9-303 , 11-9-316 , and 11-9-337 , the security interest in a vehicle of the type for which a certificate of title is required shall be perfected and shall be valid against subsequent creditors of the owner, subsequent transferees, and the holders of security interests and liens on the vehicle by compliance with this chapter. (b) (1) A security interest is perfected by delivery to the commissioner or to the county tag agent of the county in which the seller is located, of the county in which the sale takes place, of the county in which the vehicle is delivered, or of the county wherein the vehicle owner resides, of the required fee and: (A) The existing certificate of title, if any, and an application for a certificate of title containing the name and address of the holder of a security interest; or (B) A notice of security interest on forms prescribed by the commissioner. (2) The security interest is perfected as of the time of its creation if the initial delivery of the application or notice to the commissioner or local tag agent is completed within 30 days thereafter, regardless of any subsequent rejection of the application or notice for errors; otherwise, as of the date of the delivery to the commissioner or local tag agent. The local tag agent shall issue a receipt or other evidence of the date of filing of such application or notice. When the security interest is perfected as provided for in this subsection, it shall constitute notice to everybody of the security interest of the holder.

Legislative History

Amended by 2011 Ga. Laws 125,§ 1, eff. 7/1/2011. Amended by 2001 Ga. Laws 191, § 32, eff. 7/1/2001.