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Official Code of Georgia Annotated

Title 40. MOTOR VEHICLES AND TRAFFIC · Chapter 3. CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS · Article 3. SECURITY INTERESTS IN AND LIENS ON MOTOR VEHICLES

40-3-61. Proceeds of insurance policy to multiple lienholders in event of total loss of vehicle.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. Notwithstanding any other provision of law to the contrary, in any claim involving the total loss of a vehicle which is subject to more than one perfected security interest or lien as recorded on the title of the vehicle, the proceeds of the insurance policy shall be first applied to the debt owed to the first lienholder. In the event that there are proceeds remaining after satisfying the first lienholder, the proceeds shall be then applied to the debt owed to the second and subsequent lienholders in order of priority and any proceeds remaining after the satisfaction of all such recorded liens shall be paid to the insured. If the amount of debt secured by such security interests or liens or the seniority of such security interests or liens is in doubt, any remaining funds shall be deposited with the court and a complaint for interpleader shall be filed in accordance with Code Section 9-11-22.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 40-3-61, enacted by Ga. L. 2002, p. 848, § 3.

Code Commission notes

Pursuant to Code Section 28-9-5, in 2002, a comma was deleted following “In the event” at the beginning of the second sentence.

Cross references

Proceeds of insurance policy; limited access by insurers to records, § 33-34-9.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t40-ch1-5-(v28a)-2024-pdf.pdf, Volume V28A, 2024 edition, page 466; merge action: carried; file SHA-256 991cd8c9db96.