Posted by PatP (NC) on March 28, 2005 at 07:25:13:
In answer to question 1, I am not aware of any other lien holders. The title, as far as I can tell is free and clear.
As for questions 2,3 and 4, we gained possession throughthe courts because the money they owed for back rent, damages and storage of the vehicle far outweighed the value. The courts sent certifired mailings to both the husband and the wife (they seperated). The title is in his name, and he responded that he was not interested in pursuing. She did not respond since she is wanted by the law. Either way, the court has granted possession of the vehicle, so I own it. I am just having a whale of a time getting the title.
I thought about finding the husband and him offering $100 for the vehicle, but I can’t find him now.
Posted by PatP (NC) on March 25, 2005 at 10:45:11:
I have a question I have been trying to work out for quite some time. My wife and I are investors in Raleigh, NC. A while back we evicted some tenants and they abandoned an automobile on the property. We gained possession through the courts, but then we were told to file another case to obtain the title. Here is where the problem came up. When my wife went to the county courthouse and asked to file the case under special proceeding, she was asked “which form do you want” she said “I don’t know, which should I use for these circumstances”. The reply we keep getting back is “we can’t tell you that, we can’t give legal advice”. She spoke to a supervisor, and got the same response. I have had an attorney look into it, and he couldn’t determine which form either. I know people do it all the time. Anyone here have experience with this issue?
I have had abandoned cars towed away. Inever had one left behind that was worth keeping, so this is new turf. But here are some thoughts:
First, you need to see if there are any UCC-1 filings on the car. In other words, does bank/lender have a lien on the car. If so, you would be taking the car subject to the lien. I have never done a UCC search, but these things are usually filed with the Secretary of State.
I am not seeing how you would be entitled to take title to the car. Your lease might enitle you to confiscate personal property left in the unit when the tanant abandons. Typically, what is left behind is worthless or worse than worthless. but if they left something you could sell, you would have a duty to sell the propery, recoup what is owed you, and remit any excess to the tenant. I am not sure this same arrangement works for automobiles left in the parking area.
See if you can find out who owns the car. It may not be your ex-tenant.
Car ownership is a matter of public record, unlike personal stuff left behind in a rental unit. You will need to talk to someone at the car agency(in California, it is the DMV–not sure about NC). The courthouse is a great place to do evictions, but not car title issues.
Sorry I can’t offer better instructions. Maybe someday one of my deadbeat tenants will leave behind a Porsche (not stolen), and I will hav reason to learn these rules.