The Expert Podcast

• Cautionary Tale on Abandoned Vehicles:
  • Many people believe they can simply claim ownership of abandoned vehicles, but this is not the case.
  • A person tried to claim abandoned snowmobiles found in the woods, assuming they could just take them after weeks of being left there.
  • Despite being told by the DMV that they couldn’t just take ownership without the proper title, the person persisted and ended up getting arrested.
• Vehicle Ownership & Titling:
  • A motor vehicle is considered a titled asset.
  • Ownership is tied to the name on the title record, not the person who finds or possesses the vehicle.
  • It doesn’t matter where the vehicle is or who has the VIN number – the legal owner is the one listed on the title.
• Common Mistake with Abandoned Vehicles:
  • Often, people think they can just claim a vehicle found on the road or in a parking lot.
  • This is a misconception. While there are cases where someone can recover a title for a lost vehicle (e.g., buying a vehicle without a title), claiming abandoned vehicles is more complicated.
• Filing for Abandoned Vehicles:
  • If you want to claim an abandoned vehicle, it’s not as simple as filing a claim.
  • You must surrender the vehicle to the state, and they may auction it off.
  • The state will try to find the original owner and return any proceeds from the auction to them if possible.
  • Simply claiming ownership of an abandoned vehicle without following proper procedures can result in legal trouble.
• Mechanic’s Liens & Title Recovery:
  • A mechanic’s lien is different from an abandoned vehicle claim.
  • If a vehicle is left with a repair shop and the owner doesn’t pay, that’s a mechanic’s lien, not abandonment.
  • Additionally, if you bought a vehicle without a title, it may require title recovery, not an abandoned vehicle claim.
• Be Careful with ‘Abandoned Vehicle’ Claims:
  • Misunderstanding the process can lead to arrest or complications.
  • People may try to claim vehicles found in parking lots, fields, or other places, but you must follow the proper channels.
  • In rare cases, individuals do find abandoned vehicles, but this is often not as it seems.
• Legal Considerations:
  • Vehicles are not automatically free for the taking just because they appear abandoned.
  • Ownership can be complicated, especially when the original owner may be missing, deceased, or in a situation like jail or military deployment.
  • If you buy a vehicle from someone who doesn’t have the title, you may need to go through legal steps to obtain it.
• Conclusion:
  • This episode highlights the importance of following proper procedures when dealing with abandoned vehicles.
  • Avoid jumping to conclusions about ownership and ensure you’re using the right process to avoid legal trouble.