Section 2115. Transfer by operation of law  


Latest version.
  • (a) If the interest of an owner
      in a vehicle passes to another other than  by  voluntary  transfer,  the
      transferee  shall,  except as provided in subdivision (b), promptly mail
      or deliver to  the  commissioner  the  last  certificate  of  title,  if
      available,  proof  of  the  transfer,  and  his  application  for  a new
      certificate in the form the commissioner prescribes.
        (b) If the interest of the owner is terminated or the vehicle is  sold
      under  a  security  agreement  by  a  lienholder,  the  transferee shall
      promptly mail or deliver to the commissioner  the  last  certificate  of
      title  if available to him, his application for a new certificate in the
      form the commissioner prescribes, and an affidavit made by or on  behalf
      of the lienholder that the vehicle was repossessed and that the interest
      of  the  owner  was lawfully terminated or sold pursuant to the terms of
      the security agreement. If the lienholder succeeds to  the  interest  of
      the  owner  and  holds  the vehicle for resale, he need not secure a new
      certificate of  title  but,  upon  transfer  to  another  person,  shall
      promptly   mail  or  deliver  to  the  transferee  the  certificate,  if
      available, affidavit and other documents required  to  be  sent  to  the
      commissioner by the transferee.
        (c)  A  person  holding  a  certificate of title whose interest in the
      vehicle has been extinguished or transferred  other  than  by  voluntary
      transfer  shall mail or deliver the certificate to the commissioner upon
      request of the commissioner.  The delivery of the  certificate  pursuant
      to  the  request  of  the commissioner does not affect the rights of the
      person surrendering the certificate, and the action of the  commissioner
      in  issuing  a  new  certificate  of  title  as  provided  herein is not
      conclusive upon the rights of an owner or lienholder named  in  the  old
      certificate.