Liens for self storage facilities / marinas
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.
After receiving the authorization from DMV, We will run the required newspaper advertisement and mail the required certified letters (after paying the 2nd half fee). We will notify you of the sale date and provide all final lien sale documentation for transfer of title, or salvage, approximately 6 days prior to the sale day.
A lien can begin “at the time the registered owner is presented with a written statement of charges for completed work or services” (dmv.ca.gov).
For Self-Storage lien sales, including both vehicles and vessels, will take approximately 90-120 days.
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. A lien sale for storage facility will typically provide you with no more than 120 days of storage at your posted rate, starting from the date of the last billing. If you are owed for storage from previous months: After the vehicle/vessel is sold or disposed of, you may be able to file a deficiency suit against the owner(s) for prior months storage and any deficiency from the disposal of the vehicle/vessel.
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.
Accepting any amount of money from your customer will invalidate your lien! Once you accept any money from your customer, the lien sale is canceled.
If there is a legal owner, they will be notified along with the listed registered owner, and any interested parties and additional names and addresses provided by you.
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.
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.
For self storage lien sales, the vehicle or vessel needs to remain on the property for 10 more days after the sale date. Once the 10 days pass, you can Sign and date all lien sale documents and deliver them to the purchaser whenever you find a byer for the vehicle/vessel . 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.