|12-27-2011, 07:18 AM||#1 (permalink)|
Storage lein- Oregon...
Anybody ever done one? I have some rigs laying around that have been left here for quite a while. Of course, no titles, and I want to get them sold or hauled off. Anybody know the way to go about it or is there a better way to getting titles. Mostly legal of course
|12-27-2011, 08:53 AM||#2 (permalink)|
Dana 44 Polisher
Join Date: Sep 2002
Member # 13731
Location: Newberg, OR
From my years in the storage business... You forgot I did this in college didn't you? I was storage wars before it was cool! The only car we ended up with was a sweet Dodge Dart... The rest of the units were crap and we took the stuff to the dump.
1) File a lien (in you case it is a letter mailed to the 'owner' with a copy of the paerwork that gives you the right to do so, etc).
2) Wait the required amount of time
3) Hold a PUBLIC auction at the location of the vehicles.
4) Your opening bid is the amount owed to you by the lien.
5) If no bids for more than your amount owed you win.
6) If someone bids more than what you are owed - you are supposed to properly get the overage money to the original owner.
It is setup so 'you' can't just get the car and title. You have to sell it most of the time.
You need this crap -- page 7...
1. Do I have to hold an Auction??
Yes. You do have to hold an auction. The law requires that on all possessory liens that a public auction be held on your property, or the property where the vehicle is located. An auction can be held a number of ways. The most common way is through a verbal auction. Prospective buyers bid against each other for the vehicle. The other common auction is a silent bid. Prospective buyers write down their bid and the vehicle goes to the highest bidder.
2. Do you have to sell the vehicle to the highest bidder if it does not cover the cost of the lien??
No. You basically place a bid on the vehicle for the amount that is owed. The vehicle may be sold for less than what is owed, but it must go to the highest bidder.
3. What if no one shows up for the auction??
If no on shows up for the auction and you have met the following criteria: Open for business, and a notice was posted at the court house. Then you become the proud new owner of the vehicle that you liened.
4. What happens if I receive more than what is owed on the lien??
The law requires that you send the registered and legal owner a certified statement on the amount received for the vehicle. The overage is to be taken to the county treasure, and the county will hold that money for no more than three years.
5. May I bid on the vehicle??
The amount that is owed to you at auction is your bid. The lien process is not so that you can retain possession of the vehicle. The lien process is a legal way that you can receive just compensation for your labor and storage. We recommend that you do not bid on any vehicles that you have a lien against.
6. How does the buyer get a title??
The certificate of foreclosure works just like a title. The buyer takes the certificate into DMV (OREGON) and files an Application for Title, within 4-6 weeks a new title will be issued.
7. What are the storage restrictions?
Oregon State Law requires that you notify the registered and legal owner within 15-20 days of starting to charge storage. They state your daily storage rate must be a “reasonable” amount- in our experience for a regular 2dr or 4dr vehicle does not go above $40 a day in storage.
8. Can I place a lien on a vehicle that is not in our possession?
No! You must have the vehicle in your possession to do a lien.
9. How do I hold the auction?
Make sure someone from your company is at your location during the specified time and date. If anyone shows up, you take bids. If there is a winning bid, you fill out the Certificate of Possessory Lien and give it to the winner to take to DMV.
Last edited by uglyscout; 12-27-2011 at 08:54 AM.
|12-27-2011, 11:30 AM||#4 (permalink)|
Zeus of the Sluice
Join Date: Jul 2009
Member # 139159
Location: Yamhill co.
Have they been sitting for 7 years? I've heard after 7 years there considered abandoned and you can deal with Oregon DMV to get abandonment papers to be able to scrap... Or so Ive heard.
"You break on the trail, You BECOME the trail!" - drunk guy
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|01-01-2012, 11:05 AM||#6 (permalink)|
Join Date: Nov 2009
Member # 145814
Location: Bri and Bub Off-Road~Fairview, OR
you can get a lien packet from dmv and it has all the lien forms and options and you just find the one that best describes your situation. i have not done a storage lien before but the mechanics lien you just fill out and they send a certified letter to the last know owner informing them of the amount owed. if they do not respond or pay you within a certain amount of time they will just send you the title. it takes a few weeks for everything but in the end works out well because you have the actual title
Muddin is just like sex, ease in nice and slow and once your in, its balls to to wall till your done