§ 20‑77. Transfer byoperation of law; sale under mechanic's or storage lien; unclaimed vehicles.
(a) Whenever the titleor interest of an owner in or to a vehicle shall pass to another by operationof law, as upon order in bankruptcy, execution sale, repossession upon defaultin performing the terms of a lease or executory sales contract, or otherwisethan by voluntary transfer, the transferee shall secure a new certificate oftitle upon proper application, payment of the fees provided by law, and presentationof the last certificate of title, if available and such instruments ordocuments of authority or certified copies thereof as may be sufficient orrequired by law to evidence or effect a transfer of interest in or to chattelsin such cases.
(b) In the event oftransfer as upon inheritance, devise or bequest, the Division shall, upon areceipt of a certified copy of a will, letters of administration and/or acertificate from the clerk of the superior court showing that the motor vehicleregistered in the name of the decedent owner has been assigned to his widow aspart of her year's support, transfer both title and license as otherwiseprovided for transfers. If a decedent dies intestate and no administrator hasqualified or the clerk of superior court has not issued a certificate ofassignment as part of the widow's year's allowance, or if a decedent diestestate with a small estate and leaving a purported will, which, in the opinionof the clerk of superior court, does not justify the expense of probate andadministration and probate and administration is not demanded by any interestedparty entitled by law to demand same, and provided that the purported will isfiled in the public records of the office of the clerk of the superior court,the Division may upon affidavit executed by all heirs effect such transfer. Theaffidavit shall state the name of the decedent, date of death, that thedecedent died intestate or testate and no administration is pending orexpected, that all debts have been paid or that the proceeds from the transferwill be used for that purpose, the names, ages and relationship of all heirsand devisees (if there be a purported will), and the name and address of thetransferee of the title. A surviving spouse may execute the affidavit andtransfer the interest of the decedent's minor or incompetent children wheresuch minor or incompetent does not have a guardian. A transfer under thissubsection shall not affect the validity nor be in prejudice of any creditor'slien.
(c) Mechanic's or StorageLien. In any case where a vehicle is sold under a mechanic's or storage lien,or abandoned property, the Division shall be given a 20‑day notice asprovided in G.S. 20‑114.
(d) An operator of aplace of business for garaging, repairing, parking or storing vehicles for thepublic in which a vehicle remains unclaimed for 10 days, or the landowners uponwhose property a motor vehicle has been abandoned for more than 30 days, shall,within five days after the expiration of that period, report the vehicle asunclaimed to the Division. Failure to make such report shall constitute a Class3 misdemeanor. Persons who are required to make this report and who fail to doso within the time period specified may collect other charges due but may notcollect storage charges for the period of time between when they were requiredto make this report and when they actually did send the report to the Divisionby certified mail.
Any vehicle which remainsunclaimed after report is made to the Division may be sold by such operator orlandowner in accordance with the provisions relating to the enforcement ofliens and the application of proceeds of sale of Article 1 of Chapter 44A.
(e) Any person, whoshall sell a vehicle to satisfy a mechanic's or storage lien or any person whoshall sell a vehicle as upon order in bankruptcy, execution sale, repossessionupon default in performing the terms of a lease or executory sales contract, orotherwise by operation of law, shall remove any license plates attached theretoand return them to the Division. (1937, c. 407, s. 41; 1943, c. 726; 1945, cc. 289,714; 1955, c. 296, s. 1; 1959, c. 1264, s. 3; 1961, c. 360, ss. 12, 13; 1967,c. 562, s. 8; 1971, cc. 230, 512, 876; 1973, c. 1386, ss. 1, 2; c. 1446, s. 21;1975, c. 438, s. 2; c. 716, s. 5; 1993, c. 539, s. 342; 1994, Ex. Sess., c. 24,s. 14(c); 1995 (Reg. Sess., 1996), c. 635, s. 1; 2003‑336, s. 1.)
§ 20‑77. Transfer byoperation of law; sale under mechanic's or storage lien; unclaimed vehicles.
(a) Whenever the titleor interest of an owner in or to a vehicle shall pass to another by operationof law, as upon order in bankruptcy, execution sale, repossession upon defaultin performing the terms of a lease or executory sales contract, or otherwisethan by voluntary transfer, the transferee shall secure a new certificate oftitle upon proper application, payment of the fees provided by law, and presentationof the last certificate of title, if available and such instruments ordocuments of authority or certified copies thereof as may be sufficient orrequired by law to evidence or effect a transfer of interest in or to chattelsin such cases.
(b) In the event oftransfer as upon inheritance, devise or bequest, the Division shall, upon areceipt of a certified copy of a will, letters of administration and/or acertificate from the clerk of the superior court showing that the motor vehicleregistered in the name of the decedent owner has been assigned to his widow aspart of her year's support, transfer both title and license as otherwiseprovided for transfers. If a decedent dies intestate and no administrator hasqualified or the clerk of superior court has not issued a certificate ofassignment as part of the widow's year's allowance, or if a decedent diestestate with a small estate and leaving a purported will, which, in the opinionof the clerk of superior court, does not justify the expense of probate andadministration and probate and administration is not demanded by any interestedparty entitled by law to demand same, and provided that the purported will isfiled in the public records of the office of the clerk of the superior court,the Division may upon affidavit executed by all heirs effect such transfer. Theaffidavit shall state the name of the decedent, date of death, that thedecedent died intestate or testate and no administration is pending orexpected, that all debts have been paid or that the proceeds from the transferwill be used for that purpose, the names, ages and relationship of all heirsand devisees (if there be a purported will), and the name and address of thetransferee of the title. A surviving spouse may execute the affidavit andtransfer the interest of the decedent's minor or incompetent children wheresuch minor or incompetent does not have a guardian. A transfer under thissubsection shall not affect the validity nor be in prejudice of any creditor'slien.
(c) Mechanic's or StorageLien. In any case where a vehicle is sold under a mechanic's or storage lien,or abandoned property, the Division shall be given a 20‑day notice asprovided in G.S. 20‑114.
(d) An operator of aplace of business for garaging, repairing, parking or storing vehicles for thepublic in which a vehicle remains unclaimed for 10 days, or the landowners uponwhose property a motor vehicle has been abandoned for more than 30 days, shall,within five days after the expiration of that period, report the vehicle asunclaimed to the Division. Failure to make such report shall constitute a Class3 misdemeanor. Persons who are required to make this report and who fail to doso within the time period specified may collect other charges due but may notcollect storage charges for the period of time between when they were requiredto make this report and when they actually did send the report to the Divisionby certified mail.
Any vehicle which remainsunclaimed after report is made to the Division may be sold by such operator orlandowner in accordance with the provisions relating to the enforcement ofliens and the application of proceeds of sale of Article 1 of Chapter 44A.
(e) Any person, whoshall sell a vehicle to satisfy a mechanic's or storage lien or any person whoshall sell a vehicle as upon order in bankruptcy, execution sale, repossessionupon default in performing the terms of a lease or executory sales contract, orotherwise by operation of law, shall remove any license plates attached theretoand return them to the Division. (1937, c. 407, s. 41; 1943, c. 726; 1945, cc. 289,714; 1955, c. 296, s. 1; 1959, c. 1264, s. 3; 1961, c. 360, ss. 12, 13; 1967,c. 562, s. 8; 1971, cc. 230, 512, 876; 1973, c. 1386, ss. 1, 2; c. 1446, s. 21;1975, c. 438, s. 2; c. 716, s. 5; 1993, c. 539, s. 342; 1994, Ex. Sess., c. 24,s. 14(c); 1995 (Reg. Sess., 1996), c. 635, s. 1; 2003‑336, s. 1.)
§ 20‑77. Transfer byoperation of law; sale under mechanic's or storage lien; unclaimed vehicles.
(a) Whenever the titleor interest of an owner in or to a vehicle shall pass to another by operationof law, as upon order in bankruptcy, execution sale, repossession upon defaultin performing the terms of a lease or executory sales contract, or otherwisethan by voluntary transfer, the transferee shall secure a new certificate oftitle upon proper application, payment of the fees provided by law, and presentationof the last certificate of title, if available and such instruments ordocuments of authority or certified copies thereof as may be sufficient orrequired by law to evidence or effect a transfer of interest in or to chattelsin such cases.
(b) In the event oftransfer as upon inheritance, devise or bequest, the Division shall, upon areceipt of a certified copy of a will, letters of administration and/or acertificate from the clerk of the superior court showing that the motor vehicleregistered in the name of the decedent owner has been assigned to his widow aspart of her year's support, transfer both title and license as otherwiseprovided for transfers. If a decedent dies intestate and no administrator hasqualified or the clerk of superior court has not issued a certificate ofassignment as part of the widow's year's allowance, or if a decedent diestestate with a small estate and leaving a purported will, which, in the opinionof the clerk of superior court, does not justify the expense of probate andadministration and probate and administration is not demanded by any interestedparty entitled by law to demand same, and provided that the purported will isfiled in the public records of the office of the clerk of the superior court,the Division may upon affidavit executed by all heirs effect such transfer. Theaffidavit shall state the name of the decedent, date of death, that thedecedent died intestate or testate and no administration is pending orexpected, that all debts have been paid or that the proceeds from the transferwill be used for that purpose, the names, ages and relationship of all heirsand devisees (if there be a purported will), and the name and address of thetransferee of the title. A surviving spouse may execute the affidavit andtransfer the interest of the decedent's minor or incompetent children wheresuch minor or incompetent does not have a guardian. A transfer under thissubsection shall not affect the validity nor be in prejudice of any creditor'slien.
(c) Mechanic's or StorageLien. In any case where a vehicle is sold under a mechanic's or storage lien,or abandoned property, the Division shall be given a 20‑day notice asprovided in G.S. 20‑114.
(d) An operator of aplace of business for garaging, repairing, parking or storing vehicles for thepublic in which a vehicle remains unclaimed for 10 days, or the landowners uponwhose property a motor vehicle has been abandoned for more than 30 days, shall,within five days after the expiration of that period, report the vehicle asunclaimed to the Division. Failure to make such report shall constitute a Class3 misdemeanor. Persons who are required to make this report and who fail to doso within the time period specified may collect other charges due but may notcollect storage charges for the period of time between when they were requiredto make this report and when they actually did send the report to the Divisionby certified mail.
Any vehicle which remainsunclaimed after report is made to the Division may be sold by such operator orlandowner in accordance with the provisions relating to the enforcement ofliens and the application of proceeds of sale of Article 1 of Chapter 44A.
(e) Any person, whoshall sell a vehicle to satisfy a mechanic's or storage lien or any person whoshall sell a vehicle as upon order in bankruptcy, execution sale, repossessionupon default in performing the terms of a lease or executory sales contract, orotherwise by operation of law, shall remove any license plates attached theretoand return them to the Division. (1937, c. 407, s. 41; 1943, c. 726; 1945, cc. 289,714; 1955, c. 296, s. 1; 1959, c. 1264, s. 3; 1961, c. 360, ss. 12, 13; 1967,c. 562, s. 8; 1971, cc. 230, 512, 876; 1973, c. 1386, ss. 1, 2; c. 1446, s. 21;1975, c. 438, s. 2; c. 716, s. 5; 1993, c. 539, s. 342; 1994, Ex. Sess., c. 24,s. 14(c); 1995 (Reg. Sess., 1996), c. 635, s. 1; 2003‑336, s. 1.)
