South Dakota Codified Laws
Chapter 03 - Title Registration Liens And Transfers
Section 32-3-46 - Enforcement of liens--Filing for record not necessary--Notice of sale.

32-3-46. Enforcement of liens--Filing for record not necessary--Notice of sale.
Liens on motor vehicles, trailers, or semitrailers as defined in §32-3-35 may be enforced or foreclosed in accordance with the procedural law applicable to each kind of lien. It is not necessary that a lien be filed for record as a condition precedent to foreclosure if the lien has been duly noted on the certificate of the title of the motor vehicle, trailer, or semitrailer. Any notice of sale, sale, or report of sale required by the applicable procedural law may be published, held, or filed in the county specified by the law, or if not there specified, then in the county where a copy of the certificate of title is kept by the treasurer as provided by §32-3-28. Further, if the lien holder verifies in writing that the owner of the collateral did not surrender the certificate of title, the affidavit shall be accepted as prima facie evidence of the lien and may be used in lieu of the certificate of title, and the certificate of title need not be surrendered at the time of foreclosure.

Source: SDC 1939, §44.0203 (4) as added by SL 1955, ch 162; SL 1961, ch 222; SL 1965, ch 186, §3; SL 1990, ch 229, §7; SL 2003, ch 160, §9.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 32 - Motor Vehicles

Chapter 03 - Title Registration Liens And Transfers

Section 32-3-1 - Definition of terms.

Section 32-3-2 - Applicability.

Section 32-3-2.3 - Mopeds exempt.

Section 32-3-2.4 - Farm vehicles exempt--Exceptions.

Section 32-3-3 - Selling new vehicle without delivering manufacturer's statement or certificate of origin--Purchasing new vehicle without obtaining certificate--Violation as misdemeanor.

Section 32-3-3.1 - Initial registration and titling of mobile and manufactured homes--Time for registration--Penalty--Violation as misdemeanor.

Section 32-3-3.2 - Surrender of title on mobile or manufactured home--Request and application--Record--Liens.

Section 32-3-3.3 - Titling of mobile or manufactured home whose title was surrendered--Affidavit--Report.

Section 32-3-4 - Eligibility for license--Mobile and manufactured homes exempt.

Section 32-3-5 - Sale without delivering certificate of title--Purchase without obtaining certificate of title--Temporary use--Time limit--Violation as misdemeanor.

Section 32-3-6 - Ownership passing by operation of law--Burden of proof.

Section 32-3-7 - Sale of secondhand vehicle--Time for delivery of certificate of title--Exception--Violation as misdemeanor.

Section 32-3-7.1 - Extension of time to deliver certificate of title to secondhand vehicle--Temporary license permit.

Section 32-3-10 - Statement or certificate of origin as passing title--Waiver and estoppel inapplicable.

Section 32-3-11 - Certificate as evidence of ownership--Possession before delivery of certificate--Risk of loss--Insurable interest.

Section 32-3-12 - Operation or possession of vehicle without certificate as misdemeanor.

Section 32-3-13 - Sale or transfer without certificate as misdemeanor.

Section 32-3-14 - False statement in application--Felony.

Section 32-3-15 - Alteration or forgery of certificate--Knowing use of altered or forged certificate--Felony.

Section 32-3-16 - Uniform method of numbering certificates--Retention of documents by department.

Section 32-3-17 - Validity of certificates previously issued--Issuance of new certificate.

Section 32-3-18 - Application for certificate--Contents--Fee--Assignment of previous certificate.

Section 32-3-18.1 - Administration fee--Title applications processed by mail.

Section 32-3-19 - False swearing in connection with certificates--Perjury--Punishment.

Section 32-3-20 - Change of identification number on vehicle--New certificate--Contents of new certificate--Delivery to owner.

Section 32-3-21 - Unnumbered vehicles not subject to titling--Titling by number other than vehicle identification number.

Section 32-3-22 - Assignment and attachment of vehicle identification number--Registration under assigned number--Violation as felony--Fees.

Section 32-3-22.1 - Fee for assignment of vehicle identification number.

Section 32-3-23 - Application for original certificate--Contents--Supporting documents.

Section 32-3-24 - Burden of proving ownership--Issuance of certificate.

Section 32-3-25 - Application for title and registration by dealer on behalf of customer--Location of filing.

Section 32-3-26 - Time for filing application for certificate--Vehicles in dealer's stock.

Section 32-3-27 - Late application for certificate--Additional fee--Application delay as misdemeanor.

Section 32-3-28 - Issuance of certificate in paper or electronic form--Notation of liens.

Section 32-3-29 - Lost certificates--Fee for duplicate.

Section 32-3-30 - Certificate to show chain of title--Exceptions.

Section 32-3-30.1 - Odometer information on certificate--Required on sale--Falsification as felony.

Section 32-3-30.2 - Abstract of title history or damage disclosure statements--Fee.

Section 32-3-31 - Dealer prohibited from taking certificate which does not show name of vendor and vendee--Violation as misdemeanor.

Section 32-3-32 - Dealer's acceptance of out-of-state certificates.

Section 32-3-33 - Change of county of use of vehicle--Issuance of duplicate for filing by treasurer--Validity of liens.

Section 32-3-34 - Assistance by county treasurer.

Section 32-3-35 - Manufacturer's statement or certificate of origin pending issuance of certificate of title--Priority of liens.

Section 32-3-36 - All lien spaces filled--Issuance of new certificate.

Section 32-3-37 - Sale of encumbered vehicle with knowledge of lien holder--Effect against subsequent purchasers.

Section 32-3-38 - Holder of security interest entitled to have notation of lien made by treasurer--Notification to department--Notation on instrument and certificate of title.

Section 32-3-38.1 - Bank, savings and loan association, credit union, or dealer access to motor vehicle title and lien information on state's computer system.

Section 32-3-38.2 - Certain fleet leasing contracts do not create sale or security interest--Not applicable to personal leases.

Section 32-3-38.3 - Dealer required to utilize electronic title file system.

Section 32-3-39 - Deposit of security interest instrument not required.

Section 32-3-40 - Security interests created prior to enactment of statute.

Section 32-3-41 - Liens noted on certificate valid against creditors of debtor, subsequent purchasers, and other claimants--Perfection of liens noted on-line .

Section 32-3-42 - Vehicles held in stock--Security interests acquired previous to enactment of statute.

Section 32-3-43 - Notation of lien on certificate of title--Liability of holder of certificate of title for refusal to deliver.

Section 32-3-44 - Release on discharge of lien--Liability for failure to release--Delivery of certificate after entry of discharge.

Section 32-3-45 - Fees for notation.

Section 32-3-46 - Enforcement of liens--Filing for record not necessary--Notice of sale.

Section 32-3-47 - Consent of lien holder required for disposal or removal of encumbered vehicle--Violation as felony.

Section 32-3-48 - Power to revoke or refuse to issue certificate or registration--Notification to applicant.

Section 32-3-49 - Cancellation of certificate--Notification to county treasurer--Notification to certificate holder and lien holder--Surrender of certificate.

Section 32-3-50 - Cancellation of receipt of registration upon cancellation of certificate--Return of receipt and license plates--Confiscation.

Section 32-3-51 - Dismantled or destroyed vehicle--Return of plates and title to department--Cancellation of registration--Consent of lien holder--Notation on certificate--Destruction of certificates--Retention of record--Removal of identification nu...

Section 32-3-51.5 - Vehicle with out-of-state marked title--Damage disclosure information--Salvage title or junking certificate.

Section 32-3-51.6 - Rebuilt title.

Section 32-3-51.11 - Retention of damage disclosure statement by department--Part of title history.

Section 32-3-51.12 - Junking certificate required for vehicle being dismantled--Removal of identification number prohibited--Violation as felony.

Section 32-3-51.13 - Rebuilt or salvage vehicle--Application for junking certificate--Inspection.

Section 32-3-51.16 - Information required on first and subsequent South Dakota titles for vehicles coming into state.

Section 32-3-51.17 - Junking certificate for nonrebuildable vehicle.

Section 32-3-51.18 - Vehicle dealers required to display damage disclosure statement--Return of vehicle.

Section 32-3-51.19 - Salvage vehicle defined--Application.

Section 32-3-51.20 - Insurer or self insurer acquiring ownership of salvage vehicle without salvage vehicle title to surrender certificate of title--Salvage title issued--Rebuilt title.

Section 32-3-51.21 - Owner to obtain salvage title if insurer or self insurer declares vehicle total loss but does not acquire ownership--Notice--Sale without title as misdemeanor--Application.

Section 32-3-51.22 - Recovered stolen vehicles--Inspection--Title--Salvage vehicle.

Section 32-3-52 - Surrender of indicia of ownership by dealers, salvage yards, and others.

Section 32-3-53 - Restored or rebuilt vehicle--Submission to department--Inspection--Issuance of rebuilt title.

Section 32-3-53.2 - Inspection of restored or rebuilt vehicles.

Section 32-3-53.4 - Trailer defined.

Section 32-3-56 - Special seal--Forms furnished by secretary.

Section 32-3-57 - Power of secretary to make rules and require uniformity in administration of statutes--Duty of local officials.

Section 32-3-59 - Auction of older motor vehicles by nonprofit automobile club--When permitted--Penalty.

Section 32-3-60 - Auctioneer to have odometer reading and certificate of title--Exception--Violation as misdemeanor.

Section 32-3-61 - Auction of vehicle covered by lien--Consent and release of lien holder--Violation as misdemeanor.

Section 32-3-62 - List of vehicles sold at auction--Copy of title--Violation as misdemeanor.

Section 32-3-63 - Sales of older vehicles at certain auctions exempt from vehicle dealer requirements.

Section 32-3-64 - Titling vehicles eleven years old or more with no existing record.

Section 32-3-64.1 - Titling vehicles older than 30 years with no existing record--Bond required--Promulgation of rules.

Section 32-3-65 - Converted motor home title--Unit requirements--Certain requirements to meet national standards--Title application requirements.

Section 32-3-66 - Certain motor home transport uses not deemed private business uses.

Section 32-3-67 - Department to provide name and address of record holder of title and lien holders to possessor of vehicle due to unpaid repair bill.

Section 32-3-68 - Application for title on motor vehicle unclaimed as result of unpaid repair bill--Notice to owner and insurer or lien holder--Publication.

Section 32-3-69 - Vesting of title to motor vehicle in person to whom repair bill is payable--Intent to reclaim--Sale of vehicle.

Section 32-3-69.1 - Electronic title system for motor vehicles.

Section 32-3-70 - Electronic lien filing system--Paper title--Liability for noting or canceling lien in error.

Section 32-3-71 - Low-speed vehicles.

Section 32-3-72 - Local law enforcement officers to provide certain information to motor vehicle repossession businesses.

Section 32-3-73 - Delivery of manufacturer's statement or certificate of origin upon sale and delivery--Default on sale--Notice--Violation as misdemeanor.

Section 32-3-74 - Information to be provided to auction agency taking possession of vehicle at insurer's request.

Section 32-3-75 - Title issued to auction agency--Notice of right to reclaim.

Section 32-3-76 - Reclamation of vehicle by owner or lienholder--Notice of intent to reclaim--Vesting of title to abandoned vehicle in auction agency--Sale of vehicle--Distribution of proceeds.

Section 32-3-77 - Issuance of title to insurer unable to obtain title after payment of total loss.

Section 32-3-78 - Electric bicycle exempt from chapter.