South Carolina Code of Laws
Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles
Section 56-19-390. Procedures for involuntary transfer or repossession.

(1) If the interest of an owner in a vehicle passes to another other than by voluntary transfer, the transferee shall, except as provided in subsection (2) of this section, promptly mail or deliver to the Department of Motor Vehicles the last certificate of title, if available, proof of the transfer and his application for a new certificate in the form the Department prescribes.
(2) If the interest of the owner is terminated or the vehicle is sold under a security agreement by a lienholder named in the certificate of title, or by foreclosure of a statutory lien or sale pursuant to Section 29-15-10, the transferee shall promptly mail or deliver to the department the last certificate of title or order of court pertaining to sale, his application for a new certificate in the form the department prescribes and an affidavit made by or on behalf of the lienholder that the vehicle was repossessed and that the security interest of the owner was lawfully terminated or sold pursuant to the terms of the security agreement, or by foreclosure of a statutory lien. If the lienholder succeeds to the interest of the owner and holds the vehicle for resale, he need not secure a new certificate of title but, upon transfer to another person, shall promptly mail or deliver to the transferee or to the department the certificate, affidavit and other documents required to be sent to the department by the transferee, and the department shall, upon request, issue a new title free and clear of prior liens and encumbrances.
HISTORY: 1962 Code Section 46-150.18; 1957 (50) 595; 1977 Act No. 158; 1993 Act No. 181, Section 1492.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 56 - Motor Vehicles

Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles

Section 56-19-10. Definitions.

Section 56-19-20. Administration and enforcement.

Section 56-19-40. Department of Motor Vehicles shall examine all applications; investigations; rejections.

Section 56-19-50. Department of Motor Vehicles shall seize expired, fictitious and certain other certificates, cards, permits, licenses, and plates.

Section 56-19-60. Method of giving notice; proof of service.

Section 56-19-70. Refunds of fees.

Section 56-19-80. Disposition of fees and penalties.

Section 56-19-90. Forms.

Section 56-19-110. Judicial review of Department of Motor Vehicle's acts.

Section 56-19-210. Certificate of title required to sell or mortgage vehicle or mobile home; exception.

Section 56-19-220. Exemption of certain vehicles.

Section 56-19-230. Owners shall apply for certificates.

Section 56-19-240. Application for certificate; form and contents.

Section 56-19-250. Department of Motor Vehicles shall check application against list of stolen and converted vehicles.

Section 56-19-260. Filing application; issuance of certificate.

Section 56-19-265. Liens or encumbrances recorded on motor vehicles or titled mobile homes; transmission of lien information; transaction fees; continuation statement.

Section 56-19-270. Refusal of certificate.

Section 56-19-280. Refusal of certificate; vehicle reported stolen or converted.

Section 56-19-290. Contents of certificate.

Section 56-19-300. Contents of certificate for vehicle last registered where lienholders not named on certificate.

Section 56-19-310. Numbering certificates issued to successive owners; two transfers when auctioneer gives title.

Section 56-19-320. Certificate as prima facie evidence of facts.

Section 56-19-330. Record of certificates issued.

Section 56-19-340. Certificate mailed to first lienholder or, if none, to owner.

Section 56-19-350. Duplicate certificates; surrender of recovered original.

Section 56-19-360. Procedures for voluntary transfer; duties of transferor and transferee; effective time of transfer.

Section 56-19-370. Procedures for voluntary transfer; dealer purchasing vehicle for resale.

Section 56-19-380. Procedures for voluntary transfer; issuance of new certificate.

Section 56-19-390. Procedures for involuntary transfer or repossession.

Section 56-19-400. Procedures for involuntary transfer or repossession; issuance of new certificate.

Section 56-19-410. Procedures for involuntary transfer or repossession; surrender of old certificate; effect of surrender and issuance of new certificate.

Section 56-19-420. Fee; allocation.

Section 56-19-425. Fee for furnishing odometer reading.

Section 56-19-430. Assignment of new identifying number; issuance of new, or endorsement of, original certificate.

Section 56-19-440. Suspension or revocation of certificate.

Section 56-19-450. Effect of suspension or revocation on validity of security interest.

Section 56-19-460. Surrender of suspended or revoked certificate.

Section 56-19-470. Seizure of suspended or revoked certificate.

Section 56-19-480. Transfer and surrender of certificates, license plates, registration cards and manufacturers' serial plates of vehicles sold as salvage, abandoned, scrapped, or destroyed.

Section 56-19-485. Vehicle title-brand designations.

Section 56-19-490. "Lemon Law" returns; notification; penalties.

Section 56-19-495. Establishment of working group to develop process for titling vehicles for which no title can be provided.

Section 56-19-500. Definitions.

Section 56-19-510. Owner affixing manufactured home to real property; Manufactured Home Affidavit for the Retirement of Title Certificate; recording and form of affidavit.

Section 56-19-520. Retirement of the title certificate to a manufactured home; release of lien; Satisfaction Affidavit.

Section 56-19-530. Records of retired title certificates; written confirmation to homeowner.

Section 56-19-540. Retirement of title certificate when lien reflected on affidavit but not evidenced by mortgage; separate Manufactured Home Lien Affidavit to be filed; form.

Section 56-19-550. Severance of manufactured home from real property when it will be affixed to real property in new location; filing of Manufactured Home Severance Affidavit; if not to be affixed to real property, Attorney Affidavit of Security Inte...

Section 56-19-560. Manufactured home treated as real property.

Section 56-19-610. Chapter inapplicable to certain liens and security interests.

Section 56-19-620. Security interest invalid against third parties unless properly perfected.

Section 56-19-630. Perfecting security interest; time when effective.

Section 56-19-650. Procedure when owner creates security interest.

Section 56-19-660. Filing notices of security interests; record.

Section 56-19-670. Assignment of security interest; perfection; filing.

Section 56-19-680. Satisfaction of security interest for which certificate is in possession of lienholder; filing release.

Section 56-19-700. Security interests in previously registered vehicles not needing certificates unaffected.

Section 56-19-710. Continuation of security interests previously perfected under other laws.

Section 56-19-720. Sale or security interest not created by terminal rental adjustment clause in motor vehicle or trailer lease.

Section 56-19-810. Peace officers shall report theft or recovery of vehicles.

Section 56-19-820. Owners of lienholders may report thefts or conversions; Department of Motor Vehicles may disregard report; recovery to be reported.

Section 56-19-830. Liability of officer or agency for acting on false theft report.

Section 56-19-840. Unclaimed vehicles in garages and certain other places to be reported; loss of storage lien for failure to report.

Section 56-19-850. Records of reports of stolen, converted, recovered, and unclaimed vehicles; distribution of lists.

Section 56-19-1010. Title for all-terrain vehicle (ATV); application.

Section 56-19-1020. Application for title of previously-titled all-terrain vehicle (ATV) received by gift, trade, or other means; proof of ownership

Section 56-19-1030. Title fee for all-terrain vehicle (ATV).