Cobb Center Pawn & Jewelry Brokers, Inc. v. Gordon

McMurray, Presiding Judge.

The issue in this case is whether the pawnshop statute, OCGA § 44-12-130 et seq., relieves a pawnbroker of the necessity of recording a lien against a motor vehicle pledged as collateral in order to repossess the vehicle from a third party who, due to the pledgor’s fraud, purchased the vehicle without knowledge of the pawnbroker’s claim.

*74The facts are as follows: on May 27, 1993, Carlos Showers and Melissa Showers pledged a 1985 Mercedes to the appellant pawnbroker in exchange for $2,500. The Showerses kept the vehicle. The pawnbroker retained the title but did not…