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32-3-46Enforcement of liens--Filing for record not necessary--Notice of sale.

Liens on motor vehicles, trailers, or semitrailers as defined in § 32-3-35 may be enforced or foreclosed in accordance with the procedural law applicable to each kind of lien. It is not necessary that a lien be filed for record as a condition precedent to foreclosure if the lien has been duly noted on the certificate of the title of the motor vehicle, trailer, or semitrailer. Any notice of sale, sale, or report of sale required by the applicable procedural law may be published, held, or filed in the county specified by the law, or if not there specified, then in the county where a copy of the certificate of title is kept by the treasurer as provided by § 32-3-28. Further, if the lien holder verifies in writing that the owner of the collateral did not surrender the certificate of title, the affidavit shall be accepted as prima facie evidence of the lien and may be used in lieu of the certificate of title, and the certificate of title need not be surrendered at the time of foreclosure.

Source: SDC 1939, § 44.0203 (4) as added by SL 1955, ch 162; SL 1961, ch 222; SL 1965, ch 186, § 3; SL 1990, ch 229, § 7; SL 2003, ch 160, § 9.

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