State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-72

Part 4. Transfer of Title orInterest.

§ 20‑72.  Transfer byowner.

(a)        Whenever the ownerof a registered vehicle transfers or assigns his title or interests thereto, heshall remove the license plates. The registration card and plates shall beforwarded to the Division unless the plates are to be transferred to anothervehicle as provided in G.S. 20‑64. If they are to be transferred to andused with another vehicle, then the endorsed registration card and the platesshall be retained and preserved by the owner. If such registration plates areto be transferred to and used with another vehicle, then the owner shall makeapplication to the Division for assignment of the registration plates to suchother vehicle under the provisions of G.S. 20‑64. Such application shallbe made within 20 days after the date on which such plates are last used on thevehicle to which theretofore assigned.

(b)        In order to assignor transfer title or interest in any motor vehicle registered under theprovisions of this Article, the owner shall execute in the presence of a personauthorized to administer oaths an assignment and warranty of title on thereverse of the certificate of title in form approved by the Division, includingin such assignment the name and address of the transferee; and no title to anymotor vehicle shall pass or vest until such assignment is executed and themotor vehicle delivered to the transferee. The provisions of this section shallnot apply to any foreclosure or repossession under a chattel mortgage or conditionalsales contract or any judicial sale.

When a manufacturer'sstatement of origin or an existing certificate of title on a motor vehicle isunavailable, a motor vehicle dealer licensed under Article 12 of this Chaptermay also transfer title to another by certifying in writing in a swornstatement to the Division that all prior perfected liens on the vehicle havebeen paid and that the motor vehicle dealer, despite having used reasonablediligence, is unable to obtain the vehicle's statement of origin or certificateof title. The Division is authorized to develop a form for this purpose. Thefiling of a false sworn certification with the Division pursuant to thisparagraph shall constitute a Class H felony.

Any person transferring titleor interest in a motor vehicle shall deliver the certificate of title dulyassigned in accordance with the foregoing provision to the transferee at thetime of delivering the vehicle, except that where a security interest isobtained in the motor vehicle from the transferee in payment of the purchaseprice or otherwise, the transferor shall deliver the certificate of title tothe lienholder and the lienholder shall forward the certificate of titletogether with the transferee's application for new title and necessary fees tothe Division within 20 days. Any person who delivers or accepts a certificateof title assigned in blank shall be guilty of a Class 2 misdemeanor.

The title to a salvage vehicleshall be forwarded to the Division as provided in G.S. 20‑109.1.

(c)        When the Divisionfinds that any person other than the registered owner of a vehicle has in hispossession a certificate of title to the vehicle on which there appears anendorsement of an assignment of title but there does not appear in theassignment any designation to show the name and address of the assignee ortransferee, the Division shall be authorized and empowered to seize and holdsaid certificate of title until the assignor whose name appears in theassignment appears before the Division to complete the execution of theassignment or until evidence satisfactory to the Division is presented to theDivision to show the name and address of the transferee. (1937, c. 407, s. 36; 1947,c. 219, ss. 4, 5; 1955, c. 554, ss. 5, 6; 1961, c. 360, s. 8; c. 835, s. 8;1963, c. 552, ss. 3, 4; 1971, c. 678; 1973, c. 1095, s. 2; 1975, c. 716, s. 5;1993, c. 539, s. 338; 1994, Ex. Sess., c. 24, s. 14(c); 2000‑182, s. 4.)

State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-72

Part 4. Transfer of Title orInterest.

§ 20‑72.  Transfer byowner.

(a)        Whenever the ownerof a registered vehicle transfers or assigns his title or interests thereto, heshall remove the license plates. The registration card and plates shall beforwarded to the Division unless the plates are to be transferred to anothervehicle as provided in G.S. 20‑64. If they are to be transferred to andused with another vehicle, then the endorsed registration card and the platesshall be retained and preserved by the owner. If such registration plates areto be transferred to and used with another vehicle, then the owner shall makeapplication to the Division for assignment of the registration plates to suchother vehicle under the provisions of G.S. 20‑64. Such application shallbe made within 20 days after the date on which such plates are last used on thevehicle to which theretofore assigned.

(b)        In order to assignor transfer title or interest in any motor vehicle registered under theprovisions of this Article, the owner shall execute in the presence of a personauthorized to administer oaths an assignment and warranty of title on thereverse of the certificate of title in form approved by the Division, includingin such assignment the name and address of the transferee; and no title to anymotor vehicle shall pass or vest until such assignment is executed and themotor vehicle delivered to the transferee. The provisions of this section shallnot apply to any foreclosure or repossession under a chattel mortgage or conditionalsales contract or any judicial sale.

When a manufacturer'sstatement of origin or an existing certificate of title on a motor vehicle isunavailable, a motor vehicle dealer licensed under Article 12 of this Chaptermay also transfer title to another by certifying in writing in a swornstatement to the Division that all prior perfected liens on the vehicle havebeen paid and that the motor vehicle dealer, despite having used reasonablediligence, is unable to obtain the vehicle's statement of origin or certificateof title. The Division is authorized to develop a form for this purpose. Thefiling of a false sworn certification with the Division pursuant to thisparagraph shall constitute a Class H felony.

Any person transferring titleor interest in a motor vehicle shall deliver the certificate of title dulyassigned in accordance with the foregoing provision to the transferee at thetime of delivering the vehicle, except that where a security interest isobtained in the motor vehicle from the transferee in payment of the purchaseprice or otherwise, the transferor shall deliver the certificate of title tothe lienholder and the lienholder shall forward the certificate of titletogether with the transferee's application for new title and necessary fees tothe Division within 20 days. Any person who delivers or accepts a certificateof title assigned in blank shall be guilty of a Class 2 misdemeanor.

The title to a salvage vehicleshall be forwarded to the Division as provided in G.S. 20‑109.1.

(c)        When the Divisionfinds that any person other than the registered owner of a vehicle has in hispossession a certificate of title to the vehicle on which there appears anendorsement of an assignment of title but there does not appear in theassignment any designation to show the name and address of the assignee ortransferee, the Division shall be authorized and empowered to seize and holdsaid certificate of title until the assignor whose name appears in theassignment appears before the Division to complete the execution of theassignment or until evidence satisfactory to the Division is presented to theDivision to show the name and address of the transferee. (1937, c. 407, s. 36; 1947,c. 219, ss. 4, 5; 1955, c. 554, ss. 5, 6; 1961, c. 360, s. 8; c. 835, s. 8;1963, c. 552, ss. 3, 4; 1971, c. 678; 1973, c. 1095, s. 2; 1975, c. 716, s. 5;1993, c. 539, s. 338; 1994, Ex. Sess., c. 24, s. 14(c); 2000‑182, s. 4.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-72

Part 4. Transfer of Title orInterest.

§ 20‑72.  Transfer byowner.

(a)        Whenever the ownerof a registered vehicle transfers or assigns his title or interests thereto, heshall remove the license plates. The registration card and plates shall beforwarded to the Division unless the plates are to be transferred to anothervehicle as provided in G.S. 20‑64. If they are to be transferred to andused with another vehicle, then the endorsed registration card and the platesshall be retained and preserved by the owner. If such registration plates areto be transferred to and used with another vehicle, then the owner shall makeapplication to the Division for assignment of the registration plates to suchother vehicle under the provisions of G.S. 20‑64. Such application shallbe made within 20 days after the date on which such plates are last used on thevehicle to which theretofore assigned.

(b)        In order to assignor transfer title or interest in any motor vehicle registered under theprovisions of this Article, the owner shall execute in the presence of a personauthorized to administer oaths an assignment and warranty of title on thereverse of the certificate of title in form approved by the Division, includingin such assignment the name and address of the transferee; and no title to anymotor vehicle shall pass or vest until such assignment is executed and themotor vehicle delivered to the transferee. The provisions of this section shallnot apply to any foreclosure or repossession under a chattel mortgage or conditionalsales contract or any judicial sale.

When a manufacturer'sstatement of origin or an existing certificate of title on a motor vehicle isunavailable, a motor vehicle dealer licensed under Article 12 of this Chaptermay also transfer title to another by certifying in writing in a swornstatement to the Division that all prior perfected liens on the vehicle havebeen paid and that the motor vehicle dealer, despite having used reasonablediligence, is unable to obtain the vehicle's statement of origin or certificateof title. The Division is authorized to develop a form for this purpose. Thefiling of a false sworn certification with the Division pursuant to thisparagraph shall constitute a Class H felony.

Any person transferring titleor interest in a motor vehicle shall deliver the certificate of title dulyassigned in accordance with the foregoing provision to the transferee at thetime of delivering the vehicle, except that where a security interest isobtained in the motor vehicle from the transferee in payment of the purchaseprice or otherwise, the transferor shall deliver the certificate of title tothe lienholder and the lienholder shall forward the certificate of titletogether with the transferee's application for new title and necessary fees tothe Division within 20 days. Any person who delivers or accepts a certificateof title assigned in blank shall be guilty of a Class 2 misdemeanor.

The title to a salvage vehicleshall be forwarded to the Division as provided in G.S. 20‑109.1.

(c)        When the Divisionfinds that any person other than the registered owner of a vehicle has in hispossession a certificate of title to the vehicle on which there appears anendorsement of an assignment of title but there does not appear in theassignment any designation to show the name and address of the assignee ortransferee, the Division shall be authorized and empowered to seize and holdsaid certificate of title until the assignor whose name appears in theassignment appears before the Division to complete the execution of theassignment or until evidence satisfactory to the Division is presented to theDivision to show the name and address of the transferee. (1937, c. 407, s. 36; 1947,c. 219, ss. 4, 5; 1955, c. 554, ss. 5, 6; 1961, c. 360, s. 8; c. 835, s. 8;1963, c. 552, ss. 3, 4; 1971, c. 678; 1973, c. 1095, s. 2; 1975, c. 716, s. 5;1993, c. 539, s. 338; 1994, Ex. Sess., c. 24, s. 14(c); 2000‑182, s. 4.)