1320-08-13-.02
Transfers
Cite as Tenn. Comp. R. & Regs. 1320-08-13-.02
(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.
TITLES
CHAPTER-1320-8-13
(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.