Tuesday, May 10, 2011

Bankruptcy and the Georgia Title Issue Date

We recently had a customer ask a question about a peculiarity affecting Georgia titles and the Georgia Electronic Lien and Title program. Georgia, unlike most states, does not record a lien date as a separate date from the title issue date.

About six months ago our customer had an issue where they requested a paper title as proof of interest in a bankruptcy case. The Paper Title showed an issue date that matched the date that the request for the paper title was sent to the GA Department of Revenue Motor Vehicle Division (MVD). Their interest in the vehicle was denied since the title they held was issued after the bankruptcy had already been filed.

At their request we recently followed up with the GA MVD and received the following answer:

In a situation like the one you described, the attorney representing the Security Interest Holder documenting the bankruptcy can request the documents used to create the initial ELT record which would indicate the application/lien date. Procedures for the request can be found on our website.


Requests can be fulfilled in person or by mail.

Image above is "sad dog" by oldsamovar.