(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
Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles
Section 56-19-10. Definitions.
Section 56-19-20. Administration and enforcement.
Section 56-19-60. Method of giving notice; proof of service.
Section 56-19-70. Refunds of fees.
Section 56-19-80. Disposition of fees and penalties.
Section 56-19-110. Judicial review of Department of Motor Vehicle's acts.
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 56-19-260. Filing application; issuance of certificate.
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 56-19-320. 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 56-19-370. 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 56-19-420. Fee; allocation.
Section 56-19-425. Fee for furnishing odometer reading.
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 56-19-485. Vehicle title-brand designations.
Section 56-19-490. "Lemon Law" returns; notification; penalties.
Section 56-19-500. Definitions.
Section 56-19-530. Records of retired title certificates; written confirmation to homeowner.
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 56-19-710. Continuation of security interests previously perfected under other laws.
Section 56-19-810. Peace officers shall report theft or recovery of vehicles.
Section 56-19-830. Liability of officer or agency for acting on false theft report.
Section 56-19-1010. Title for all-terrain vehicle (ATV); application.
Section 56-19-1030. Title fee for all-terrain vehicle (ATV).