(a) If the ownership of a watercraft or outboard motor is transferred by operation of law, such as by inheritance, devise or bequest, order in bankruptcy, insolvency, replevin, or execution sale, or satisfaction of mechanic's lien, or repossession upon default in performance of the terms of a security agreement, the transferee shall, except as provided in subsection (b), promptly mail or deliver to the department the last certificate of title, if available, or the manufacturer's or importer's statement of origin, or, if that is not possible, satisfactory proof of the transfer of ownership, and his application for a new certificate of title accompanied by the required fee, and upon the appropriate form or forms prescribed and furnished by the department.
(b) If the ownership of a watercraft or outboard motor is terminated in accordance with the terms of a security agreement by a lienholder named in the certificate of title, the transferee shall promptly mail or deliver to the department the last certificate of title, his application for a new title accompanied by the required fee and upon the form or forms prescribed and furnished by the department, and an affidavit by the lienholder or his authorized representative, setting forth the facts entitling him to possession and ownership of the watercraft or outboard motor, together with a copy of the journal entry, court order or instrument upon which such claim of possession and ownership is founded. If the lienholder cannot produce such proof of ownership, he may submit such evidence as he has with his application to the department, and the department may, if it finds the evidence to be satisfactory proof of ownership, issue a new certificate of title.
(c) If a lienholder succeeds to the interest of an owner in a watercraft or outboard motor by operation of law and holds such watercraft or outboard motor for resale, he need not secure a new certificate of title thereto but, upon transfer to another person, shall promptly mail or deliver to the transferee or to the department the certificate, affidavit and such other documents as the department may require.
HISTORY: 1962 Code Section 70-295.113; 1971 (57) 915; 1993 Act No. 181, Section 1270; 2008 Act No. 344, Section 14, eff six months after approval (approved June 11, 2008).
Effect of Amendment
The 2008 amendment, in subsection (a), substituted "certificate of origin" for "certificate".
Structure South Carolina Code of Laws
Title 50 - Fish, Game and Watercraft
Chapter 23 - Watercraft And Outboard Motors
Section 50-23-10. Marine dealer's permits.
Section 50-23-11. Dealer demonstration numbers; unauthorized use; penalties.
Section 50-23-12. Change in status forms required for trade-ins.
Section 50-23-20. Watercraft titles; notification of transfer.
Section 50-23-35. Watercraft title issuance; tax payment proof required; exceptions.
Section 50-23-55. Certificate of title as evidence of ownership; watercraft from other states.
Section 50-23-60. Application for certificate; late penalty.
Section 50-23-90. Contents of certificate; effect as evidence.
Section 50-23-110. Statement of origin.
Section 50-23-125. Electronic transmission of information for watercraft title.
Section 50-23-140. Priority and validity of liens and other encumbrances; discharge of liens.
Section 50-23-150. Lost, stolen, or mutilated certificate; issuance of duplicate certificate.
Section 50-23-170. Serial number or hull identification number.
Section 50-23-185. Inspection of watercraft related facilities.
Section 50-23-210. Suspension or revocation of certificate.
Section 50-23-220. Deposit and use of funds.
Section 50-23-240. Filing and publication of rules and regulations.
Section 50-23-250. Employment and duties of investigators.
Section 50-23-260. List of owners furnished to county auditors.
Section 50-23-270. False statement in document or other submission to department; penalty.
Section 50-23-275. Watercraft not previously titled.
Section 50-23-310. Numbering of vessels.
Section 50-23-320. Exceptions.
Section 50-23-330. Conformity to United States Government numbering system.
Section 50-23-340. Application for and issuance of number and certificate; fee.
Section 50-23-345. Temporary certificate of number.
Section 50-23-350. Issuance of certificates of number by agents.
Section 50-23-360. Display of number.
Section 50-23-370. Expiration and renewal.
Section 50-23-380. Transfer of registration upon change of ownership; fee.
Section 50-23-385. Houseboats with waste-holding tanks; indefinite mooring; waste pump-out.
Section 50-23-400. Notice of change of address.