reglab/housing_qa huggingface dataset:
GA Code § 40-3-40 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 3 - Certificates of Title, Security Interests, and Liens|Article 2 - Certificates of Title|§ 40-3-40. Reports and Remittances by Tag Agents

  All county tag agents accepting and handling title applications shall endeavor to submit such applications and related sums of money to which the department is entitled to the commissioner on a daily basis. All reports of title applications handled and related sums of money collected to which the department is entitled must be submitted to the commissioner within seven calendar days from the close of the business day during which such applications were handled and related sums of money collected.   Funds received as a result of handling title applications shall be considered trust funds in the hands of the tag agents until such time as they are paid over to the commissioner.   Failure to submit the reports or remit the funds within the seven-calendar-day period from the close of the business day as required by this Code section shall result in the penalties imposed by Code Section 48-2-44.   Before the expiration of the time period within which a title report is required to be filed with the commissioner or funds remitted to the commissioner, application may be made to the commissioner for an extension. The commissioner is authorized, upon a showing of justifiable cause, to grant up to a ten-day extension from the deadline provided for the performance of the above duties. Only one such extension may be granted with regard to any reports or funds due the commissioner for a specific business day.   Proof of mailing within the appropriate time period provided for in this Code section, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the county tag agent has complied in a timely manner with his duties as enumerated by this Code section.     (Ga. L. 1980, p. 1038, § 1; Code 1981, §40-3-38; Ga. L. 1985, p. 149, § 40; Code 1981, §40-3-40, as redesignated by Ga. L. 1990, p. 2048, § 3; Ga. L. 2005, p. 60, § 40/HB 95; Ga. L. 2005, p. 334, § 15-2/HB 501.)
GA Code § 40-3-41 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 3 - Certificates of Title, Security Interests, and Liens|Article 2 - Certificates of Title|§ 40-3-41. Suspension or Revocation of Certificates

  The commissioner shall suspend or revoke a certificate of title, upon notice and reasonable opportunity to be heard in accordance with Code Section 40-3-6, when authorized by any other provision of law or if he finds:   The certificate of title was fraudulently procured or erroneously issued; or   The vehicle has been scrapped, dismantled, or destroyed.     Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.   When the commissioner suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the commissioner.   The commissioner may seize and impound any certificate of title which has been suspended or revoked.     (Ga. L. 1961, p. 68, § 28; Code 1981, §40-3-39; Code 1981, §40-3-41, as redesignated by Ga. L. 1990, p. 2048, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 98, 99.   C.J.S.   - 60 C.J.S., Motor Vehicles, §§ 101, 102.   U.L.A.   - Uniform Motor Vehicle Certificate of Title and Anti-Theft Act (U.L.A.) § 26.
GA Code § 40-3-42 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 3 - Certificates of Title, Security Interests, and Liens|Article 2 - Certificates of Title|§ 40-3-42. Postmark as Proof of Timely Submission of Documents; Responsibility for Collection of Penalty for Late Submission

 In instances when an application for title is required to be submitted within a certain time period, proof of mailing within the designated period allowed for submission of the documents, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the application was timely submitted. Additionally, when the law provides for a penalty for the untimely submission of a title application, the responsibility for the collection of such penalty shall be that of the department.    (Ga. L. 1981, p. 883, § 3; Code 1981, §40-3-40; Code 1981, §40-3-42, as redesignated by Ga. L. 1990, p. 2048, § 3; Ga. L. 2000, p. 951, § 4-9.)   RESEARCH REFERENCES   C.J.S.   - 60 C.J.S., Motor Vehicles, § 96 et seq.
GA Code § 40-3-55 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 3 - Certificates of Title, Security Interests, and Liens|Article 3 - Security Interests in and Liens on Motor Vehicles|§ 40-3-55. Assignment of Security Interests and Liens

  The holder of any security interest in or lien on a vehicle may assign, absolutely or otherwise, such holder's security interest or lien to a person other than the owner without affecting the interest of the owner or the validity of the security interest or lien, but any person without notice of the assignment is protected in dealing with the holder of the security interest or lien, and the holder of the security interest or lien remains liable for any obligations as such holder until the assignee is named as the holder of the security interest or lien on the certificate of title.   The assignee may, but need not to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as holder of a security interest or lien, upon delivering to the commissioner or the commissioner's duly authorized county tag agent the certificate and assignment by the holder of a security interest or lien named in the certificate in the form the commissioner prescribes, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature as long as appropriate security measures are implemented which assure security and verification of the digital signature process, in accordance with regulations promulgated by the commissioner. If the assignment refers to a security interest or lien which is reflected on the certificate of title and the certificate of title is in the possession of the first security interest holder or lienholder as provided by this chapter, the assignee may, but need not to perfect the assignment, have the certificate of title endorsed, or a new certificate of title issued, by complying with Code Section 40-3-27.    (Ga. L. 1961, p. 68, § 24; Ga. L. 1962, p. 79, § 14; Ga. L. 1965, p. 304, § 7; Ga. L. 1990, p. 2048, § 3; Ga. L. 1997, p. 739, § 22.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 6 Am. Jur. 2d, Assignments, §§ 5, 11, 114. 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 44 et seq. 38 Am. Jur. 2d, Garages, Service Stations, and Parking Facilities, §§ 119, 127.   C.J.S.   - 6A C.J.S., Assignments, §§ 11, 43. 53 C.J.S., Liens, § 27. 61A C.J.S., Motor Vehicles, § 1834. 72 C.J.S., Pledges, § 37.   U.L.A.   - Uniform Motor Vehicle Certificate of Title and Anti-Theft Act (U.L.A.) § 22.
GA Code § 40-3-57 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 3 - Certificates of Title, Security Interests, and Liens|Article 3 - Security Interests in and Liens on Motor Vehicles|§ 40-3-57. Disclosure of Information as to Security Interests and Liens

 The holder of any security interest or of any lien named in a certificate of title shall, on written request of the owner, or of another holder of any security interest or lien named in the certificate, or of an interested third party, or of the commissioner, disclose any pertinent information as to the security interest, the security agreement, and the debt secured thereby, and the lien and the amount for which it is claimed.   (Ga. L. 1961, p. 68, § 26; Ga. L. 1962, p. 79, § 16; Ga. L. 1990, p. 2048, § 3.)   RESEARCH REFERENCES   C.J.S.   - 60 C.J.S., Motor Vehicles, §§ 91 et seq., 103 et seq.   U.L.A.   - Uniform Motor Vehicle Certificate of Title and Anti-Theft Act (U.L.A.) § 24.
GA Code § 40-3-58 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 3 - Certificates of Title, Security Interests, and Liens|Article 3 - Security Interests in and Liens on Motor Vehicles|§ 40-3-58. Exclusiveness of Chapter

 The method provided in this chapter of perfecting and giving notice of security interests and liens with respect to motor vehicles as to which certificates of title need be obtained under this chapter is exclusive, and such security interests and liens are exempt from the provisions of law which otherwise require or relate to the recording or filing of security interests or liens, claims of lien executions, and other like instruments with respect to such vehicles.   (Ga. L. 1961, p. 68, § 27; Ga. L. 1962, p. 79, § 17; Ga. L. 1990, p. 2048, § 3.)   OPINIONS OF THE ATTORNEY GENERAL   Used car dealers.   - In order to perfect a dealer's security interest in a vehicle, a used car dealer must follow the requirements specified in O.C.G.A. Ch. 3, T. 40; the method for perfecting a security interest as described in those provisions is exclusive, and such security interests in motor vehicles as to which certificates of title must be obtained are exempt from the provisions of law which otherwise require or relate to the recording or filing of security interests. 1990 Op. Att'y Gen. No. 90-8.   Used car dealer who has a security interest in a vehicle may exercise all rights afforded to the dealer by the security agreement, including repossession, despite not having perfected the dealer's security interest. 1990 Op. Att'y Gen. No. 90-8.   RESEARCH REFERENCES   Am. Jur. 2d.   - 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 35.   C.J.S.   - 60 C.J.S., Motor Vehicles, §§ 41, 42. 72 C.J.S., Pledges, §§ 43, 44.   U.L.A.   - Uniform Motor Vehicle Certificate of Title and Anti-Theft Act (U.L.A.) § 25.
GA Code § 40-3-59 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 3 - Certificates of Title, Security Interests, and Liens|Article 3 - Security Interests in and Liens on Motor Vehicles|§ 40-3-59. Certain Security Interests Not Affected

 This chapter does not apply to or affect a security interest in a vehicle created by a manufacturer or dealer who holds the vehicle for sale. A buyer in the ordinary course of trade from the manufacturer or dealer takes free of such security interest.   (Ga. L. 1961, p. 68, § 5; Ga. L. 1962, p. 79, § 3; Ga. L. 1990, p. 2048, § 3.)
GA Code § 40-3-60 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 3 - Certificates of Title, Security Interests, and Liens|Article 3 - Security Interests in and Liens on Motor Vehicles|§ 40-3-60. Security Interest Not Created by Provision for Adjustment of Rental Price

 Notwithstanding any other provision of law, in the case of a motor vehicle or trailer, a transaction does not create a sales or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer.    (Code 1981, §40-3-60, enacted by Ga. L. 1995, p. 739, § 1.)
GA Code § 40-3-61 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 3 - Certificates of Title, Security Interests, and Liens|Article 3 - Security Interests in and Liens on Motor Vehicles|§ 40-3-61. Proceeds of Insurance Policy to Multiple Lienholders in Event of Total Loss of Vehicle

 Notwithstanding any other provision of law to the contrary, in any claim involving the total loss of a vehicle which is subject to more than one perfected security interest or lien as recorded on the title of the vehicle, the proceeds of the insurance policy shall be first applied to the debt owed to the first lienholder. In the event that there are proceeds remaining after satisfying the first lienholder, the proceeds shall be then applied to the debt owed to the second and subsequent lienholders in order of priority and any proceeds remaining after the satisfaction of all such recorded liens shall be paid to the insured. If the amount of debt secured by such security interests or liens or the seniority of such security interests or liens is in doubt, any remaining funds shall be deposited with the court and a complaint for interpleader shall be filed in accordance with Code Section 9-11-22.    (Code 1981, §40-3-61, enacted by Ga. L. 2002, p. 848, § 3.)   Cross references.   - Proceeds of insurance policy; limited access by insurers to records, § 33-34-9.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2002, a comma was deleted following "In the event" at the beginning of the second sentence.
GA Code § 40-3-90 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 3 - Certificates of Title, Security Interests, and Liens|Article 4 - Offenses|§ 40-3-90. Certain Acts Declared Felonies

 A person who, with fraudulent intent:    Alters, forges, or counterfeits a certificate of title;   Alters or forges an assignment of a certificate of title or an assignment or release of a security interest on a certificate of title or a form the commissioner prescribed;   Has possession of or uses a certificate of title knowing it to have been altered, forged, or counterfeited;   Uses a false or fictitious name or address or makes a material false statement, or fails to disclose a security interest, or conceals any other material fact in an application for a certificate of title;   Alters or forges a notice of a transaction concerning a security interest or lien reflected on the certificate of title as provided by Code Section 40-3-27;   Knowingly falsifies any information on the statement required by paragraph (2) of subsection (a) of Code Section 40-3-36; or   Willfully violates any other provision of this chapter after having previously violated the same or any other provision of this chapter and having been convicted of that act in a court of competent jurisdiction  shall be guilty of a felony.     (Ga. L. 1961, p. 68, § 31; Ga. L. 1965, p. 304, § 9; Ga. L. 1975, p. 1596, § 2; Ga. L. 1985, p. 149, § 40; Ga. L. 1990, p. 2048, § 3; Ga. L. 2011, p. 355, § .2/HB 269.)   Editor's notes.   - Ga. L. 2011, p. 355, § 21/HB 269, as amended by Ga. L. 2012, p. 112, § 4-2/HB 872, provides that the 2011 amendment becomes effective only upon the effective date of a specific appropriation of funds for purposes of that Act as expressed in a line item of an appropriations Act enacted by the General Assembly. Although funds were not appropriated at the 2011, 2012, or 2013 session of the General Assembly, the General Assembly in the 2012 Session by HB 872 eliminated the funding contingency.   JUDICIAL DECISIONS   Furnishing false information by a title applicant.    - O.C.G.A. § 40-3-90 does not require that a car dealer file an application for title either with the county tag agent or with the state title agency in order to complete the crime of furnishing false information by a title applicant. That section simply declares as a felony the act of using a false name in an application for a certificate of title. Fricks v. State, 167 Ga. App. 832, 308 S.E.2d 21 (1983).    Cited in McDonald v. State, 222 Ga. 596, 151 S.E.2d 121 (1966); Cole v. State, 118 Ga. App. 228, 163 S.E.2d 250 (1968).   RESEARCH REFERENCES   U.L.A.   - Uniform Motor Vehicle Certificate of Title and Anti-Theft Act (U.L.A.) § 31.
GA Code § 40-3-91 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 3 - Certificates of Title, Security Interests, and Liens|Article 4 - Offenses|§ 40-3-91. Certain Acts Declared Misdemeanors

  A person who:   With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title;   Willfully fails to mail or deliver a certificate of title to the commissioner or to the purchaser of the motor vehicle or a release of security interest or lien to the owner within ten days of the time required by this chapter, except as provided in Code Section 40-3-90;   Willfully fails or refuses to mail or deliver the certificate of title to the commissioner within ten days after having received a notice, as provided for in Code Section 40-3-27 or 40-3-52; or   Willfully violates any other provision of this chapter  shall be guilty of a misdemeanor.      Any person, firm, or corporation which knowingly makes any false statement in any title application as to the date a vehicle was sold or acquired or as to the date of creation of a security interest or lien shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.00 or imprisoned for a period not to exceed 30 days.   Any person, firm, or corporation which delivers or accepts a certificate of title assigned in blank shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.00 or imprisoned for a period not to exceed 30 days for the acceptance or delivery of each certificate of title assigned in blank.    (Ga. L. 1961, p. 68, § 31; Ga. L. 1965, p. 304, § 9; Ga. L. 1969, p. 92, § 7; Ga. L. 1975, p. 1596, § 2; Ga. L. 1981, p. 883, § 12; Ga. L. 1990, p. 2048, § 3.)   RESEARCH REFERENCES   C.J.S.   - 60 C.J.S., Motor Vehicles, § 96 et seq. 61A C.J.S., Motor Vehicles, §§ 1504 et seq., 1631 et seq., 1748.   U.L.A.   - Uniform Motor Vehicle Certificate of Title and Anti-Theft Act (U.L.A.) § 31.
GA Code § 40-3-92 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 3 - Certificates of Title, Security Interests, and Liens|Article 4 - Offenses|§ 40-3-92. False Report of Theft or Conversion

 A person who knowingly makes a false report to a peace officer or the commissioner of the theft or conversion of a vehicle shall be guilty of a misdemeanor of a high and aggravated nature.   (Ga. L. 1961, p. 68, § 33; Ga. L. 1990, p. 2048, § 3; Ga. L. 1991, p. 969, § 1.)   Cross references.   - Penalty for false report of crime generally, § 16-10-26.   JUDICIAL DECISIONS   Application of the rule of lenity.    - Defendant's conduct, as charged, subjected the defendant to prosecution and sentencing under both O.C.G.A. §§ 16-10-20 and16-10-26 as the defendant willfully and knowingly made a false statement to law-enforcement officers by falsely reporting a crime the defendant alleged to have occurred in the officers' jurisdiction. Because the two statutes provided different grades of punishment for the same criminal conduct, the defendant was entitled to the rule of lenity. Gordon v. State, 334 Ga. App. 633, 780 S.E.2d 376 (2015).   RESEARCH REFERENCES   C.J.S.   - 67 C.J.S., Obstructing Justice, § 16.   U.L.A.   - Uniform Motor Vehicle Certificate of Title and Anti-Theft Act (U.L.A.) § 36.
GA Code § 40-3-93 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 3 - Certificates of Title, Security Interests, and Liens|Article 4 - Offenses|§ 40-3-93. Evidence of Criminal Intent or Knowledge

 In a prosecution for a crime specified in this chapter, evidence that the defendant has committed a prior act or acts of the same kind is admissible to prove criminal intent or knowledge.   (Ga. L. 1961, p. 68, § 35; Ga. L. 1990, p. 2048, § 3.)   RESEARCH REFERENCES   C.J.S.   - 61A C.J.S., Motor Vehicles, §§ 1512, 1719.   U.L.A.   - Uniform Motor Vehicle Certificate of Title and Anti-Theft Act (U.L.A.) § 38.
GA Code § 40-3-94 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 3 - Certificates of Title, Security Interests, and Liens|Article 4 - Offenses|§ 40-3-94. Penalties

 Unless another penalty is provided in this chapter:    A person convicted of a felony for the violation of a provision of this chapter shall be punished by a fine of not less than $500.00 nor more than $5,000.00, or by imprisonment for not less than one year nor more than five years, or by both such fine and imprisonment;   A person convicted of a misdemeanor for the violation of a provision of this chapter shall be punished as provided in Code Section 17-10-3.    (Ga. L. 1961, p. 68, § 36; Ga. L. 1990, p. 2048, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 88. 21 Am. Jur. 2d, Criminal Law, §§ 1, 5, 19, 27 et seq.   C.J.S.   - 60 C.J.S., Motor Vehicles, § 96 et seq.   ALR.    - Civil rights and liabilities as affected by failure to comply with regulations as to registration of automobile or motorcycle, or licensing of operator, 54 A.L.R. 374.   Validity and construction of statute making it a criminal offense to "tamper" with motor vehicle or contents, or to obscure registration plates, 57 A.L.R.3d 606.
GA Code § 40-3-95 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 3 - Certificates of Title, Security Interests, and Liens|Article 4 - Offenses|§ 40-3-95. Effect on Other Laws

 The penal provisions of this chapter in no way repeal or modify any existing provision of criminal law but are additional and supplementary thereto.   (Ga. L. 1961, p. 68, § 37; Ga. L. 1990, p. 2048, § 3.)
GA Code § 40-4-1 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 4 - Identification of and Purchase and Resale of Motor Vehicles and Parts|Article 1 - Identification of Passenger Cars, Truck Chassis, and Components|§ 40-4-1. Definitions

 As used in this article, the term:    "Component" means a passenger car engine or a passenger car transmission.   "New passenger car" means any passenger car which has never been the subject of a sale at retail to the general public.   "Passenger car" means every motor vehicle designed for carrying ten passengers or less except trackless trolleys or vehicles used exclusively upon streetcar rails or tracks or overhead trolley wires.   "Used passenger car" means any passenger car which has been the subject of a sale at retail to the general public.    (Ga. L. 1966, p. 188, § 3; Ga. L. 1967, p. 113, § 3; Ga. L. 1996, p. 336, § 13A.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 1.