Section 1320-08-13-.02 - TRANSFERS(1) In cases of transfer by ordinary sale, applications for Certificate of Title for a new owner must be accompanied by surrendered certificate of title or carbon copy of pending application properly assigned by the seller to the purchaser.(a) All applications for Certificate of Title on vehicles for which a Certificate of Title is outstanding must be accompanied by the surrendered Certificate of Title and Title Card except in transfers covered by sub-paragraph (c) below.(b) Any application for title accompanied by a copy of a previous application where a Certificate of Title has already been issued will be rejected by the division.(c) Any owner transferring title to any motor vehicle, whose Certificate of Title is being held by a lienor may, in lieu of executing the assignment on the reverse side of his Certificate, execute and deliver to the purchaser a separate notarized bill of sale which shall show the name and address of the lienor in whose possession the Certificate is being held and notify the lienor of the sale. The above is in addition to the requirement that the assignment on reverse side of Title Card must be properly executed and surrendered to the purchaser.(2) In case of transfer by other than ordinary sale, the following will apply in addition to the provision of T.C.A. §§ 55-3-121 and 55-4-119. (a) Applications for Certificate of Title must be supported by affidavit of safe under lien not dependent upon possession, affidavit of sale by holder of lien dependent upon possession, affidavit of seller in cases of bankruptcy, insolvency, attachment, replevin or other judicial sale, or affidavit of repossession without process of law, whichever is applicable. If the person being dispossessed is other than the titleholder of record, the chain of ownership must be completed by notarized bills of sale.(b) Where the registered owner of a motor vehicle dies testate or intestate, the Certificate of Title thereto must be assigned by the duty qualified executor or administrator of the deceased with certified copy of letters of administration attached. If no administration of the estate of the deceased is contemplated, an affidavit of inheritance must be filed, together with Certificate of Title and Title Card. The Affidavit of Inheritance must fully describe the motor vehicle, the date of the death of the deceased and indicate that the deceased left no will and that by mutual agreement of all heirs and next of kin, any and all claims are relinquished on said motor vehicle to the applicant.Tenn. Comp. R. & Regs. 1320-08-13-.02
Original chapter 1340-5 transferred from chapter 1320-8 under the authority of Executive Order Number 37 dated June 29, 1990. Original chapter 1320-8 transferred from chapter 1340-5 under the authority of Executive Order Number 36 dated April 19, 2006.Authority: T.C.A. §§ 55-2-203, 55-4-101, 55-4-205, 4-2-1903, 67-1-102, 67-1-103, 67-1-105, 67-1-703, 67-1-802, and 67-1-803, Executive Order Number 37 (2000), and Executive Order 36 (2006).