S.D. Admin. R. 64:28:09:04

Current through Register Vol. 51, page 67, December 16, 2024

Section 64:28:09:04 - Transmittal of certificate of title on which there is an undischarged lien

The county treasurer may accept for transmittal to the department an assigned South Dakota certificate of title on which there is an undischarged lien against the owner of record only under the following circumstances:

(1) A certificate of title is being forwarded for the purpose of issuance of a corrected title which shows in the name of the owner or owners of record;

(2) A certificate of title is being forwarded for the purpose of issuance of a transfer of title if the owner of record desires to add the name of another owner and the lien still shows on the new title. The lien may be left undischarged on the face of the document, but shall also be listed on the reverse side of the title on the line provided. Lien holders shall be certain that the lien instrument is in order when the ownership is changed to joint ownership and are responsible for placing the lien in its space on the assignment.

An affidavit from the lien holder or a copy of the security agreement shall accompany the transfer of title indicating the lien holder's approval of the joint ownership transfer.

S.D. Admin. R. 64:28:09:04

SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective 7/1/1982; transferred from § 61:02:10:04, 12 SDR 111, effective 1/12/1986; 13 SDR 129, 13 SDR 134, effective 7/1/1987; 15 SDR 58, effective 10/19/1988; 29 SDR 177, effective 7/2/2003.

General Authority: SDCL 32-3-57(5).

Law Implemented: SDCL 32-3-37, 32-3-38, 32-3-47.