32-8-45
Section 32-8-45 Transfer of ownership - To or from dealer; records. (a) If a dealer buys a
vehicle and holds it for resale and procures the certificate of title from the owner or the
lienholder within 15 days after delivery to him of the vehicle, he need not send the certificate
to the department but, upon transferring the vehicle to another person other than by the creation
of a security interest, shall promptly execute the assignment and warranty of title by a dealer,
showing the names and addresses of the transferee and of any lienholder holding a security
interest created or reserved at the time of the resale and the date of his security agreement,
in the spaces provided therefor on the certificate or as the department prescribes, and mail
or deliver the certificate to a designated agent with the transferee's application for a new
certificate. (b) Every dealer shall maintain for five years a record in the form the department
prescribes of every vehicle bought, sold or exchanged by...
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32-8-43
Section 32-8-43 Certificates lost, stolen, mutilated, etc. (a) If a certificate of title is
lost, stolen, mutilated, or destroyed or becomes illegible, the first lienholder or, if none,
the owner or legal representative of the owner named in the certificate, as shown by the records
of the department, shall promptly make application for and may obtain a replacement upon furnishing
information satisfactory to the department and payment of the fee as hereinafter required.
The replacement certificate of title shall contain the legend, "This is a replacement
certificate and may be subject to the rights of a person under the original certificate."
It shall be mailed to the first lienholder named in it, or, if none, to the owner. (b) The
department shall not issue a new certificate of title to a transferee upon application made
on a replacement certificate until 15 calendar days after the issuance date of the surrendered
replacement title. (c) A person recovering an original certificate of...
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32-20-29
Section 32-20-29 Replacement certificate. (a) If a certificate of title issued under this chapter
or previously issued under Chapter 8 of this title is lost, stolen, mutilated, or destroyed
or becomes illegible, the first lienholder or, if none, the owner or legal representative
of the owner named in the certificate, as shown by the records of the department, shall promptly
make application for and may obtain a replacement upon furnishing information satisfactory
to the department and payment of the fee as hereinafter required. The replacement certificate
of title shall contain the legend, "This is a replacement certificate and may be subject
to the rights of a person under the original certificate." It shall be mailed to the
first lienholder named in it, or, if none, to the owner. (b) The department shall not issue
a new certificate of title to a transferee upon application made on a replacement certificate
until 15 calendar days after the issuance date of the surrendered replacement...
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32-20-44
Section 32-20-44 Satisfaction. (a) Upon the satisfaction of a security interest in a manufactured
home for which the certificate of title is in the possession of the lienholder, he or she,
within 10 days after demand, shall execute a release of his or her security interest, in the
space provided therefor on the certificate or as the department prescribes, and mail or deliver
the certificate and release to the next lienholder named therein, or, if none, to the owner
or any person who delivers to the lienholder an authorization from the owner to receive the
certificate. The owner, other than a dealer holding the manufactured home for resale, shall
promptly cause the certificate and release to be mailed or delivered to the department, which
shall release the lienholder's rights on the certificate or issue a new certificate. (b) Upon
the satisfaction of a security interest in a manufactured home for which the certificate of
title is in the possession of a prior lienholder, the lienholder...
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8-1A-8
Section 8-1A-8 Provision of information in writing; presentation of records. (a) Subject to
subsection (e), if parties have agreed to conduct a transaction by electronic means and a
law requires a person to provide, send, or deliver information in writing to another person,
the requirement is satisfied if the information is provided, sent, or delivered, as the case
may be, in an electronic record capable of retention by the recipient at the time of receipt.
An electronic record is not capable of retention by the recipient if the sender or its information
processing system inhibits the ability of the recipient to print or store the electronic record.
(b) If a law other than this chapter requires a record to be posted or displayed in a certain
manner, to be sent, communicated, or transmitted by a specified method, or to contain information
that is formatted in a certain manner, the following rules apply: (1) The record shall be
posted or displayed in the manner specified in the other...
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32-20-42
Section 32-20-42 Requirements upon creation of security interest. If an owner creates a security
interest in a manufactured home: (1) The owner shall immediately execute the application in
the space provided therefor on the certificate of title, or on a separate form the department
prescribes to name the lienholder on the certificate showing the name and address of the lienholder
and the date of his or her security agreement, and cause the certificate, application, and
the required fee to be delivered to the lienholder. (2) The lienholder shall immediately cause
the certificate, application, and required fee to be mailed or delivered to the department.
(3) Upon request of the owner or subordinate lienholder, a lienholder in possession of the
certificate of title shall either mail or deliver the certificate to the subordinate lienholder
for delivery to the department, or, upon receipt from the subordinate lienholder of the owner's
application and the required fee, mail or deliver them...
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32-8-38
Section 32-8-38 Use of duplicate copy of application as permit to operate motor vehicle; return
of duplicate and tags upon refusal to issue certificate. (a) The rules and regulations promulgated
by the department shall make suitable provisions for the use by an applicant of the duplicate
copy of his or her application for a certificate of title to serve as a permit for the operation
of the motor vehicle described in the application until the department either issues the certificate
of title of such motor vehicle or refuses to issue the certificate; and every designated agent
receiving an application for the certificate of title, when the provisions of this chapter
have been otherwise complied with, shall deliver to the applicant the duplicate copy of his
or her application which shall contain a suitable permit for the purposes mentioned in this
subsection. After the certificate of title is issued, the owner's permit copy of the application
for this certificate of title shall continue...
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32-8-40
Section 32-8-40 Distinctive certificates for certain vehicles. If the department is not satisfied
that there are no undisclosed security interests created before this chapter takes effect
in a previously registered vehicle, the department may, in addition to the department's options
under Section 32-8-36, issue a distinctive certificate of title of the vehicle containing
the legend, "This vehicle may be subject to an undisclosed lien" and containing
any other information the department prescribes. (Acts 1973, No. 765, p. 1147, §29.)...
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32-8-44
Section 32-8-44 Transfer of ownership - Generally. (a) If an owner transfers his interest in
a vehicle, other than by the creation of a security interest, he shall, at the time of the
delivery of the vehicle, execute an assignment and warranty of title to the transferee in
the space provided therefor on the certificate or as the department prescribes, and cause
the certificate and assignment to be mailed or delivered to the transferee or to the department.
(b) Except as provided in this section, the transferee shall, promptly after delivery to him
of the vehicle, execute the application for a new certificate of title in the space provided
therefor on the certificate or as the department prescribes, and cause the certificate and
application to be mailed or delivered to a designated agent. (c) Upon request of the owner
or transferee, a lienholder in possession of the certificate of title shall, unless the transfer
was a breach of his security agreement, deliver the certificate to the...
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32-8-61
Section 32-8-61 Perfection of security interests. (a) Unless excepted by this section, a security
interest in a vehicle for which a certificate of title is required by the terms of this chapter
is not valid against creditors of the owner or subsequent transferees or lienholders of the
vehicle unless perfected as provided in this article. (b) A security interest is perfected
by the delivery to the department of the existing certificate of title, if any, an application
for a certificate of title containing the name and address of the lienholder and the date
of his security agreement and the required fee. It is perfected as of the time of its creation
if the delivery is completed within 30 days thereafter, otherwise, as of the time of the delivery.
(Acts 1973, No. 765, p. 1147, §19; Acts 1977, No. 252, p. 329, §2; Acts 1981, No. 81-312,
p. 399, §7-11-109(2); Acts 1987, No. 87-412, p. 606; Act 2001-313, p. 405, §1.)...
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