Liens for private properties
We will supply all documents and DMV fees necessary to apply for the Authorization to Conduct a Lien Sale. We will notify all registered and legal owner(s) and known parties of interest of the pending lien sale. We will also run the required newspaper advertisement for over $4000 and vessel liens (cost of the ad is additional), and we will notify you of the sale date and provide all final lien sale documentation for transfer of title, or salvage, approximately 12 days prior to the sale day.
A lien becomes effective at the time of possession or when abandoned on your property. However, you can only charge storage for 30 days prior to filing your lien with the California Department of Motor Vehicles.
Vehicles under $4000, approximately 35 days. Vehicles over $4000 and vessels, usually 90 to 120 days.
1. We will need some basic information about you, and where the vehicle/vessel is being stored.
2. Name and address of the person(s) who left the vehicle/vessel in your possession.
3. Date of possession.
4. Value of the vehicle/vessel.
5. Your posted storage rate.
6. The year, make, model, license number (if any), and vehicle ID (vin) and engine number if a motorcycle. For vessels, the -OF- number or the hull number, builder, type, and length. If the vessel has a trailer we will also need the same information as for a vehicle.
7. Possession of the Vehicle/Vessel. Loss of possession immediately stops your lien. Moving the vehicle also stops your lien.
Storage rates are not regulated by the State of California. If you are a business who makes it a practice to regularly store vehicles, your daily storage rate should be clearly posted within your customer’s view. I-lien cannot determine the storage rate for you. A lien sale will typically provide you with no more than 60 days of storage at your posted rate. However, if the vehicle has out of state plates, if the vehicle ID has been altered or removed, if a person of interest arrives after the lien sale has been started, or if the lien sale has been opposed and we have received a Letter of Continuation from the California Department of Motor Vehicles, or if the vehicle’s value be determined to be more than $4000 you may be eligible for up to 120 days of storage at your posted rate.
A public agency (DMV, CHP, etc.) can also place an estimated value on the vehicle. If the public agency fails to or refuses to provide an estimated value within three days, you can determine the estimated value. If you need some guidance, Kelly Blue Book is a helpful tool. It is based on the value of the vehicle as it sits today (or what price the vehicle can be sold for). Representatives at I-lien cannot determine the value for you.
The legal owner must be notified within 15 days for storage charges to continue. If they are not notified before the 15 days, the legal owner can only be charged for the first 15 days and then commencing again three days after written notice has been sent to them.
Can someone stop the lien sale?
YES. Any person known to have an interest in the vehicle may stop your lien by filing a Declaration of Opposition with the California Department of Motor Vehicles within the time frame allowed by law (Typically within 10 days of mailing the Notice of Pending Lien Sale.) A Declaration of Opposition is (and must) be included with the Notice of Pending Lien Sale we mail to all Registered Owners, Legal Owners and Interested Parties.
What if someone stops (opposes) your lien sale?
If you are notified by the California Department of Motor Vehicles or by a representative of I-Lien Lien Service that a valid Declaration of Opposition has been received, you have the following options:
Regardless of which of the three options you pursue, a DMV authorization to continue will be required before you can proceed with the lien sale. Therefore, we advise you to forward any and all documentation you receive regarding an opposed lien sale to our office. We will need to file your documents with the California Department of Motor Vehicles so that we may receive the appropriate continuation documents on your behalf.
No lien shall attach to any personal property in the vehicle. The personal property in or on the vehicle shall be given to the current registered owner upon demand (personal property does not include wheels, radios, speakers or anything attached to the vehicle). The lienholder shall not be responsible for personal property after the lien sale date.
The vehicle must be available for inspection at least one hour prior to sale. A lien sale is a public sale and anyone with an interest, including the the general public or those claiming an interest in the vehicle, are welcome to attend and bid on the vehicle. Bidding generally starts at what is owed – sealed bids are not allowed.
Sign and date all lien sale documents and deliver them to the purchaser at the time of sale. The purchaser is granted FIVE days to submit a completed and signed set of lien sale documents to any authorized California Department of Motor Vehicles field office.
If you sell the vehicle for more than you are owed, you must remit any excess monies received to the Department of Motor Vehicles, Lien Sale Section, 2415 1st Ave., Sacramento, CA 95818 for deposit into the Motor Vehicle Account, State Transportation Fund. Remit with a completed copy of the Certificate of Lien Sale.
NO, the lien sale documents do not expire, however, DMV fees will continue to accrue. If the vehicle registration expired while in your possession and you are a dealer, lessor retailer, garage, or operator of a towing service and you sell the vehicle, the buyer has 20 days from the lien sale date to pay fees without penalty, or pay a transfer fee and a planned non-operation fee. Otherwise, a planned non-op must be filed prior to the vehicle expiration date or penalty fees are due. If the vehicle came into your possession with an expired registration, the buyer must pay all back registration fees and penalties. If the vehicle is sold to a licensed junk, scrap, or wrecking facility, all fees and penalties are waived. Simply, prior tickets for parking violations and vehicular infractions are not the buyer’s responsibility. If the vehicle comes into your possession with expired registration, the buyer will be required to pay the fees and the penalties to properly register the vehicle. If the vehicle registration expired while in your possession, the buyer can usually pay the fees without paying a penalty if registered within the allotted time.
Copyrights © 2022 - I-Lien - All Rights Reserved.