The Expert Podcast

Okay, I know what you're thinking. You have this vehicle, you have a title problem, and you're thinking, "Wait, an easy solution is just file for a mechanic's lien and I'll get me a title." Even if you are a licensed automotive facility, you may find that filing a mechanic's lien not only is it not going to work to get you a title, but it could backfire and could create some problems for you. Here's the thing: What many people aren't aware of is filing a mechanic's lien for a vehicle title is a very specific process only to be used in certain circumstances. And if your situation does not meet those circumstances, not only will you not get a title, but number two, you could be fined and have enforcement action against you, and number three, lose the vehicle. So, let's take a look at how that works.

What may not be readily visible to you is any time you file a mechanic's lien, you now have three or four very powerful forces aligned against you to keep you from getting that title. You have the DMV—they don't want you to get a title on a mechanic's lien. They have task forces that are trying to prevent mechanic's lien title applications from going through. You have lien holders that are out there trying to block mechanic's liens. You also have an enforcement arm of your local district attorney looking at mechanic's liens. It opens up an enforcement and audit process. So, let's take a look at what a mechanic's lien is.

Here's one example from Florida for liens enforcement of a lien sale of a motor vehicle: A person claiming a lien under statute 713 for performing labor or services may enforce a lien by sale of the vehicle in accordance with the procedures. If you notice, this thing goes on for pages. Right, a copy of their certificate, a copy of this failure to make good faith efforts precludes the imposition of charges if you make any mistakes at any time. The owner can request to inspect a vehicle. You can't charge a liener or sales agent fees in excess of $250. Must use third-party services with a million-dollar bond. There's all kinds of stuff that's on here that would probably make your application invalid or ineligible.

Also, at the end of this process, you can't keep the vehicle; you have to auction it off. A vehicle subject to a lien must be sold at public sale, very clear. Immediately upon the sale, the liener (meaning the seller) must deposit with the Clerk of Court the proceeds of the sale. Right? So there's a lot of stuff you have to do here. The clerk receives 5% of the proceeds. After you go through all this, after final demand, the hearing should be held.

Now look, there's an option for at any time before the sale, the owner may post a bond or file a demand for hearing. So that's going to be a clue of what things you can do.

Here's what the official statutes are. Now, when I said before that there are forces lined up against you from getting your mechanic's lien, we're going to look at those, but don't despair. There is a method you could use that's better than a mechanic's lien that doesn't have any of these adversaries. These people are not trying to block you, and it's faster, cheaper, and easier than a mechanic's lien. Most people don't know about it. We'll talk about it at the end.

So how do we know that there are forces up against you? Well, here is a trade publication: "Filing fraudulent mechanic's liens—don't do it!" Auto lien sale fraud in Florida—what every lender needs to know. This is Auto Dealer Today, a dealer publication. This was published five years ago. The automotive industry lenders and DMVs know that a lot of mechanics are fraud or even if they're not, they're trying to block it.

Facts indicating a lien sale fraud include not being able to contact the customer, no accident information from the insurance company, a tow repair shop recently incorporated or not licensed, or a telephone company for the towing company that is not answered. So, there's going to be a lot of red flags. Steps to take to prevent lien sale fraud include contacting the customer, including asking if the towing company towed your vehicle or if you authorized repairs. The bank is going to contact the owner of the vehicle and ask them if it's legitimate. If it's not, it's going to be reported to law enforcement. You're also going to contact the person starting the lien to get documentation for the towing and storage. If you provide them fake documentation, that's another crime. Don't be a victim of what they call lien sale piracy. If you're using a lien sale to take a vehicle away from somebody you're not supposed to take it from, you're going to get in trouble.

Best practices for prevention of abandoned vehicle mechanic's lien fraud are outlined by the American Association of Motor Vehicle Administrators (AAMVA). These are DMV commissioners. Motor vehicle administrators are the people who run the DMV, and they have put together best practices for prevention of mechanic's lien fraud. What does that tell you? That tells you that the DMVs are aware of this, and they have put together best practices. What are some of the best practices? Here is their 39-page handout. It's a 39-page manual on the best practices for preventing that.

Let’s take a look at some of that. First, they tell you the reason that they're doing it is because inadequate outdated title laws may cause financial institutions to suffer significant loss by people taking advantage of mechanic's liens. There is a working group task force to develop detection of fraud in the title application process. They are actively looking for fraud with these cases. We've talked in prior videos about how they do it: they audit them, they have sophisticated software that will flag applications based on your automotive license, and they check if you're doing too many mechanic's liens.

Here's the fraud they're identifying in the mechanic's lien process: title brand washing, trying to remove a title brand, lien washing (fraudulently removing a lien holder without a valid lien release). If you want to remove a lien, get a valid lien release. There are better ways to do it that are legal than trying to do a mechanic's lien. And we've talked about it before, and our website will explain that to you.

If you try to use a mechanic's lien for getting rid of a bank lien, you're just putting a big target on your back and a big flashing light on that VIN number for them to look at it and possibly catch you in doing something illegal. Fraud may occur when a lien claim is intentionally circumventing the notification requirements, not providing the owner information, not doing the notification, or intentionally sending empty or junk-filed envelopes to the legal owner. Another big one is selling the vehicle to the liener's employees or not holding a public sale. Right? So, if you're trying to get the title for yourself, that's what you do—you won't hold a public sale where you're the bidder.

In the meantime, remember you have access to live one-on-one consultation with the undivided attention of a licensed certified expert in this subject and many others. We want to listen to your story, hear your questions, and give you expert advisement of your options. We want to tell you what we know about your situation and what options you have.

Now back to your video, trying to get the highest sale price in a public sale—you just want to slide it to your friend or to yourself. That's going to be fraud, and they're going to catch you. Chapter four: They tell you the process to locate and notify the vehicle owners. They tell you how to do that, using the NMVTIS. They're also going to tell you how to use lien title services and third-party agents and find out which ones are committing mechanic's lien fraud. The biggest way they do that is fraud and advertising.

So, you're going to use a false VIN number or a fictitious ad for a sale that never takes place. This occurs when the lien claimant creates a natural vehicle but never publishes as required or they don't actually hold the sale. What does the DMV do? They're validating and verifying the ad and also validating and verifying the sale, making sure it matches the vehicle and that it was actually held. Collusion between the lien claimant and the buyer means that if the person you're trying to steer the title to is a friend of yours and you're colluding to make sure they get the vehicle, that's also a crime in some cases—a felony. Another big one is intentionally holding a vehicle to increase storage costs, and that is a way to try to jack up your fees. Again, they know about all this. This is published information at the DMV, so they're looking for it.

So don't think just because it's possible to do that there's not people watching what actions you're taking. The DMV tells you the best practices for jurists: review the application. And when I say review, they go over it with a fine-tooth comb. They look at the application, the fees, the jurisdiction, the lien notice forms, bill of sale, affidavit of ownership. They're going to do a background check on all the parties to make sure there's no relationships. They're going to verify the lien, and what they're going to do in many cases is even if everything looks okay, they're going to reject it and send it back to you with the hopes that you're going to be scared that they caught you and you're not going to re-file it.

They're also going to do a stop title process, place an administrative stop on the application during the review. This makes sure that the vehicle isn't fraudulently conveyed to another party. This is the big one: internal audit. They're going to internally audit all the records for that repair shop to see if they had a repair for that vehicle that was paid tax on before they did a lien sale. If you can't show that you had a record of repair on that vehicle and then you're doing a lien sale, that right there is a red flag.

That's going to catch you in the act of trying to fraudulently get a title. So to recap: A mechanic's lien in the wrong circumstances could get you in a lot of trouble. But there's a better way to get a title. It's faster and cheaper. Want to know what it is? Stay tuned for the next video.