Ferrari Mailing List: Re: [http://dmv.ca.gov/pubs/reg_hdbk_pdf/ch18_lien_sales_abandoned_abated_vehicles.pdf

[Douglas Le Grand (gemologist007]

Scott this is true. I went through it before with an abandoned KIA Sportage. No one wanted to touch the car because of the liability. I was told by DMV to basically push it out in the street as abandoned and let the police push it through their system. But I wanted the car, sat in the garage for 5 years, almost new, it was in a friends house and that person had passed away .

Going through DMV Abandoned Auto Process, The owner of storage unit, has to notify everyone on title that the car is going to be put up for auction, on a certain date, I believe it was 45 days because of a certain amount of money. In my case the car was bought with a car loan, so I had to send a Certified letter to them as well, they had gone out of business. So this limited the search. "Due Diligence" I believe that the person who owned the car originally would be better off, paying off the storage owner, and hold it for the person who paid him for it. He sounds like a very honest person and wants to do the right thing, that was why the letter showed up on Ferrari List.

You have to have proof that the registered owner received a Certified Letter, and either signed for it, or the post office said the person had moved it. The storage unit can sell the car after the owner has a chance to buy the car back for the lein placed on the car.

 

http://dmv.ca.gov/pubs/reg_hdbk_pdf/ch18_lien_sales_abandoned_abated_vehicles.pdf

 

Douglas S. Le Grand

Legrand LLC

Alternative Investments

San Diego, CA 92111

858-380-6389

From: Scott Saidel <Ferrarisimo [at] comcast.net>
To: Douglas Le Grand <gemologist007 [at] yahoo.com>
Cc: The FerrariList <ferrari [at] ferrarilist.com>
Sent: Thursday, February 9, 2012 10:30 AM
Subject: Re: [Ferrari] 308 in garage

Still have not seen the original email.

You are not necessarily correct in your assumption regarding the rights and ability to auction the vehicle - that varies by Jurisdiction.  For example, here in Florida, with certain, proper notices, a storage facility owner COULD apply for a title under a theory akin to a mechanics lien that would vest valid title in the storage facility owner allowing him to sell the car at private auction with his only responsibility to the owner being any profits in excess of the costs of obtaining title and the outstanding storage fees.

Storage Wars is taped in California and their rules are different, however, they too have a system for allowing storage facility owners to take possession and auction off even motor vehicles for unpaid storage rentals.

You are correct about liability issues with pending title transfers, that is why I advise people, here in Florida, to go to the DMV with the purchaser and transfer the title immediately.  As I say, you don;t want to be the one sued if he runs over a neurosurgeon on his way home from your house.

Scottie

On Feb 9, 2012, at 1:06 PM, Douglas Le Grand wrote:

Hello Scott

One of the members sold his 308 to another person who put the car into storage. Three months later, a police officer came to his house and told him that the car storage had not been paid and since he was the last registered owner, he was to notified about paying the bill or the car would be impounded. Then he said that he didn't know which storage unit the car was stored at. I admit I have watched Storage Wars and cars are not sellable out of a unit that has not been paid for. I have gotten cars in this fashion in the recent past. The owner of the car is liable for the car, this is the reason you have to send a release letter to DMV when you sell a car or you are held liable for anything that happens to the car ow with the car. The previous owner did not want to profit from taking the car back. MY advise is to pay off the storage bill that was owed, and move the car. Then if and when the buyer returns, he can be notified of what happened and reimburse the owner for his out of pocket money.

Then I said, if he didn't want to go through the trouble, I have always dreamed of owning a Ferrari ;).

Douglas

 

 

Douglas S. Le Grand

Legrand LLC

Alternative Investments

San Diego, CA 92111

858-380-6389

From: Scott Saidel <Ferrarisimo [at] comcast.net>
To: Douglas Le Grand <gemologist007 [at] yahoo.com>
Cc: The FerrariList <ferrari [at] ferrarilist.com>
Sent: Thursday, February 9, 2012 9:29 AM
Subject: Re: [Ferrari] 308 in garage

Was there a previous email that I missed?

The rules regarding these situations vary from jurisdiction to jurisdiction, but I would be happy to help.  Just need more facts.

Get back to me with the who, what, where, why and when and i will gladly give my best advise on how to address the situation.

Scottie

 

On Feb 8, 2012, at 5:53 PM, Douglas Le Grand wrote:

 

 

Subject: 308 in garage

I have been selling cars of all shape and sizes for over 30 years. The basic rule is who ever was the last legal owner is responsible. Did you, the seller go to DMV and release ownership of the car in question? The legal system is blind in this case, it doesn't care who has possession of the car, it is the legal owner, (last registered owner) of the car is responsible for any damages or cost incurred. In this case you have the legal right to find out exactly which storage yard your car is stored at, pay the back fees and have the car returned to you. If you car disappears I would go after the storage yard to make financial restitutions to you, for not notifying you of the cars where abouts. If you don't want to pay the $300 or 400 dollars for the car, let me know and I will go get it. I have always dreamed of owning a Ferarri.

 

 If you don't, there are too many crooks hanging around the Ferrari world that will take that car in the middle of the night, and sell it overseas. I don't need to say any names that I haven't already said.

 

Douglas S. Le Grand

Legrand LLC

Alternative Investments

San Diego, CA 92111

858-380-6389

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