Claiming Ownership: How to File Abandoned & Mechanic’s Lien Titles
Download MP3Key Takeaways:
- Filing for an abandoned vehicle title is a specific legal process.
- Avoid using the term "abandoned vehicle" if a car was brought in for repairs, storage, or towing.
- The correct terms are mechanic’s lien, towing lien, or storage lien—using "abandoned" may result in losing title rights.
Understanding the Process:
- Each state has different regulations, but most follow similar steps based on federal law.
- Example: Florida Statutes Section 713 outlines the required steps for establishing ownership.
- Strict compliance with the process is necessary to avoid rejection by the DMV or legal issues.
Steps to Obtain a Vehicle Title Through a Lien:
- Good Faith Effort to Identify Ownership:
- Check national and state vehicle title databases.
- Verify ownership through law enforcement and DMV records.
- Storage Fees and Charges:
- Fees must be reasonable, published, or agreed upon.
- Inflating charges could result in rejection.
- Sending Notices Properly:
- Notices must be sent via certified mail to:
- Registered owner
- Insurance company
- Lienholders (if applicable)
- The address used must match the official title record.
- Notices must be sent via certified mail to:
- Notice of Lien Submission:
- File with the DMV before sending notices.
- This freezes the title to prevent unauthorized transfers.
- Proper Documentation in Notices:
- Vehicle VIN number.
- Business name and registered company details.
- Itemized charges (e.g., towing, storage, parts, labor).
- The exact location of the vehicle.
- Waiting Periods Before Sale:
- Older models: 35 days after notice.
- Newer models: 57 days after notice.
- Non-compliance could result in losing the title.
- Legal Risks & Penalties:
- Mistakes in paperwork may lead to legal disputes or financial liabilities.
- If an owner or lienholder successfully contests the claim, you could be sued for damages.
Final Reminders:
- Do not engage in verbal negotiations with lienholders before knowing the exact legal process.
- Incorrect or missing steps can invalidate the lien and allow the owner to reclaim the vehicle.
- If in doubt, consult an expert or use a professional service for lien processing.
For more information and assistance with lien processing, visit our website. 🚗🔍
