S.C. Code Ann. § 56-19-265: Liens or encumbrances on motor vehicles and titled mobile homes; electronic title system; transmission of lien information; transaction fees; continuation statement; lien duration.
Where this section sits in the code
- Title 56 - MOTOR VEHICLES
- CHAPTER 19 Protection of Titles to and Interests in Motor Vehicles
- ARTICLE 3 Certificates of Title
(A) All commercial entities located in this State that are engaged in vehicle titling must utilize the Department of Motor Vehicle's electronic title system. The electronic title system must be funded exclusively through transaction fees paid by commercial entities engaged in vehicle titling. The system must enable all commercial entities including, but not limited to, dealers, lenders, and auctions, to:
(1) transfer vehicle ownership;
(2) apply for and release liens; and
(3) perform any other components necessary to perform vehicle titling.
(B)(1) Any liens or encumbrances on a motor vehicle or titled mobile home must be noted on the title or noted electronically through the electronic title system.
(2) The department must electronically transmit a motor vehicle title or titled mobile home title and the lien to the first lienholder and notify the first lienholder of additional liens. The transmittal must be made electronically for commercial entities. Paper certificates of title may be used or requested for casual sales of automobiles between individuals, or as otherwise directed by department policy. Lien recordings and lien satisfactions must be electronically transmitted to the department pursuant to department policy. Electronic transmission of liens and lien satisfaction does not require a certificate of title until the last lien is satisfied and a clear certificate of title is issued to the owner of the motor vehicle or mobile home.
(3) If a motor vehicle or mobile home is subject to an electronic lien, then the certificate of title for the motor vehicle or mobile home is considered to be physically held by the lienholder for purposes of compliance with state or federal odometer disclosure requirements, and a duly certified copy of the department's electronic record of the lien is admissible in any civil, criminal, or administrative proceeding in this State as evidence of the existence of the lien. The department must electronically transmit to the lienholder a certificate of title and notice of subsequent liens and satisfactions of liens.
(C) The department is authorized to collect a transaction fee from commercial entities for all liens placed or transmitted in the electronic title system. The fee must not exceed five dollars for each transaction. These fees must be placed by the State Treasurer into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167.
(D) Commercial entities and lenders that either transmit or retrieve data from the department pursuant to this section, notwithstanding Sections 37-2-202 and 37-3-202, may collect from owners of vehicles or mobile homes a transaction fee for all liens placed or transmitted in the electronic title system. The fee must not exceed five dollars for each transaction. Any fee charged by the department or its third-party contractors to any party as to a titled motor vehicle, motor home, or mobile home for purposes of transmittal or retrieval of this data is an "official fee" as referenced in Sections 37-2-202 and 37-3-202.
(E) Any lien upon a vehicle titled by the State, except upon vehicles defined as motor homes, mobile homes, special mobile equipment, or commercial trucks, shall be deemed effective for a period of twelve years from the date the lien was perfected. The effectiveness of the lien lapses at the end of this twelve-year period unless a continuation statement is filed pursuant to this subsection by the entity existing on the current title as lienholder using the application process acceptable by the department. The department must publish forms for the purpose of filing a continuation statement. The lienholder may make application for lien continuation not more than six months prior to lien expiration. Upon a timely filing of a continuation statement in accordance with this subsection, the lien will be effective for a period of two additional years from the date of the filing of the continuation statement. The responsibility of lien continuation lies with the lender. The twelve-year effective lien period refers to the age of the lien, not the age of the vehicle.
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