QUESTION
How do I take ownership of property after the owner stops paying storage fees?
Asked on Jul 21st, 2012 on Bankruptcy - New Jersey
More details to this question:
The owner stopped paying rent about 5 years ago for storage space on my property. There was no written rental agreement. Letters have been sent to the last known address over the years with no response. The property is 3 semi-trailers with construction equipment and two vehicles. I would like to take ownership of the equipment and re-title the vehicles to sell it all to make up for the unpaid rental fees.
9 ANSWERS
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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You must go to the Secretary of State office and make application under the lost title provisions for titles to any of the vehicles that are considered to be titled vehicles. You would then be able to sell the vehicles and transfer title to the purchaser of the vehicles. You could then pay the costs of sale and your unpaid storage charges and then you would have to turn any excess over to the estate. Notices of sale would have to be given to any lien-holder on the vehicles and the person who stored the vehicles with you.
Answered on Aug 27th, 2012 at 3:33 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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There is a lien procedure set forth in the RCW. You need to send notices to the last known address, publish notice, and then you can issue a bill of sale. The procedure is set forth with specificity in the statute and must be strictly complied with. Once that is done, it should be possible to get title and sell the items.
Answered on Aug 13th, 2012 at 4:16 PM
Family Attorney serving Henderson, NV
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Harris, Yug & Ohlinger
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In Nevada, the statute of limitations for a verbal contract is four years, so "foreclosure" which is the process you're thinking of to apply property to a debt is not the best bet. Plus it's tricky and you usually have to auction the stuff. But, the property could still be treated as abandoned property. The laws are very state specific and you will need to research abandoned property at a law library.
Answered on Aug 10th, 2012 at 10:07 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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The personal property has been ABANDONED and you can do with it what you want..There might be some difficulty getting titles reissued for the vehicles and equipment that has titlesHowever, legally its been abandoned.
Answered on Aug 10th, 2012 at 10:01 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Without a written contract my first impression is that you will have to bring a suit, especially to get title for the titled property.
Answered on Aug 10th, 2012 at 10:01 PM
Employment & Labor Attorney serving Weston, FL
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Behren Law Firm
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Probably need to sue them and get a judgment against them and then you can take the property as execution on the judgment.
Answered on Aug 10th, 2012 at 9:51 PM
Michigan recognizes what we call a "garage keepers lien". In addition you had a valid agreement, even if it was not in writing. There are procedures under the law to turn the debt to you into a judgment (basically, by law suit) and then you can take the property to settle the debt. Call an attorney to start this process.
Answered on Aug 10th, 2012 at 2:02 PM
Dennis P. Mikko
Most states have laws regarding the disposition of property if the owner stops paying rent. You would have to provide proper notice to the owner and then file a complaint in court to obtain a court order of possession.
Answered on Aug 10th, 2012 at 1:44 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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It sounds like you must first file a lawsuit and get a judgment against the other party. After that you can put everything up for sheriff sale and bid what you are owed towards the property.
You will either win ownership or someone will pay enough to reimburse you all that you are owed. The biggest difficulty is finding him but worst come to worst you can publish in the newspaper.
Answered on Aug 10th, 2012 at 1:17 PM