Metzger v. Americredit Financial Services, Inc.

615 S.E.2d 120 (2005)

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Nature of the Case

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Facts

On October 1, 2002, D repossessed a 1997 Ford Taurus from P. P had purchased the vehicle from a used car dealership in March 2002. D had a prior lien on the vehicle. P reported the vehicle as stolen to the police. D had obtained a security interest in the vehicle in 1998, when the company financed James Strong's purchase of the vehicle in the State of New York. The New York certificate of title reflected D's security interest in the vehicle. Strong later moved from New York to Georgia and submitted an “MV1Z” application form, along with the existing title and the required fee, to the Cobb County tag agent for the Georgia Department of Motor Vehicles (DMV) in order to convert the existing New York certificate of title to a Georgia one. The DMV processed the application. A clerical data entry error was made, and the DMV issued a Georgia certificate of title that did not reflect D's security interest in the vehicle. Eventually, P purchased it in March 2002. None of the subsequent Georgia certificates of title issued for the vehicle reflected D's security interest. D repossessed it from P and sold it at auction. P sued D for conversion. P filed a motion seeking a partial summary judgment for conversion. The superior court denied P's motion for partial summary judgment and granted summary judgment in favor of D on P's conversion claim only. P appealed.