Dealing with Import and Export BrokersWe deal with a lot of import and export brokers for cars and motor vehicles, and a lot of times they’re frustrated with all the paperwork you have to do to export a vehicle. You might be thinking, “Why is there paperwork to export a vehicle? I thought Customs was only concerned about importing and cars coming into the country?”
Well, that’s true for the most part. I mean, if you’re importing a container full of bananas, they want to make sure there are no spiders in it or snakes or disease. If you’re exporting bananas, they really don’t care. But vehicles are different because when you export a vehicle, you might also be causing harm if it’s a stolen vehicle or has liens on it.
Scrutiny of Motor Vehicles in the Export Process
The Smuggling of Stolen CarsThe key to these smugglers smuggling cars is that you can send it to Africa, Europe, or South America, and now you have a car that you can sell for full value because they’re not going to really check the stolen records.
This is the reason why paperwork is a little more tricky to export vehicles now—because they’re making sure cars that are stolen or that have liens on them aren’t going out. A lot of times people will buy a car under a straw buyer name at a dealership with a lien on it, so they don’t really pay any money for the car. Maybe they pay a $500 down payment, they get a loan for the car, and then they export it overseas. They stop paying the loan and they have a free car in another country.
Increased Scrutiny and Paperwork for Export VehiclesSo, the crackdown is making it harder to do paperwork for export vehicles. A lot of the cars that come out of Copart or IAAI have “export only” on them. A lot of export brokers are now having to do more title work because of the vehicle’s scrutiny of being hidden in shipping containers, and they will X-ray these containers. If they see it looks like there’s a vehicle in it, they’ll pop that thing open and make sure that it’s been declared properly with the right VIN number.
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How to Get a Lien Released for a Motor VehicleSo how do you get a lien released for a motor vehicle so you can get your title? There are several different scenarios that come into play. It could be that your loan is paid off. It could be your loan is not paid off. It could be your lender is out of business. There’s a lot of different scenarios that you need to deal with, and each one has a different procedure.
Always Contact the Lien Holder in WritingHow do you do this? Well, first of all, you need to make sure that whatever the scenario is that when you make your contact with the lien holder, you always do it in writing. Never do it by phone, by email, by text message, Facebook, LinkedIn. Never do it that way. Always do it in writing—postal mail.
Why Writing is ImportantAnd here’s why. Lien holders do not have a department of people that are just sitting around waiting to do lien releases. Everybody at that bank is doing some other job—loan payments, new loans, title work, that kind of thing. They’re not doing lien releases. So when you ask them to do a lien release by phone, that person now has to drop everything, find all the right forms, look them up, fill everything out, sign them, and mail them to you.
The Process of Sending PaperworkThey’re not going to do that. They might say they will, but then they’ll just go back to their job. Or sometimes they’ll even tell you, “I’m not going to do that.” So if you take it upon yourself to mail them the paperwork, you’ll get it back. And we’ll talk about specifically what you want to send them. But do it in writing.
If Your Loan is Paid OffIf your loan is paid off, just contact the lender directly. It’s a lot cheaper and faster if you contact the lender. We have a title service—we can do it for you. It’s going to cost more money because now you’re paying us to do the work, and it’ll take a little bit longer. It’ll probably add three or four days to get your lien release if we do it. However, it’s easier because now you don’t have to do all the paperwork. But that’s a personal decision.
If Your Loan is Not Paid OffIf your loan is not paid off, if it’s a charge-off, or a write-off, or delinquent, you still want to contact them in writing. But you also want to include what’s called a letter of non-interest and an affidavit of facts. Those are two things you want to include if your loan is not paid off.
If the Loan is Charged OffMany times, the lender is going to put it in their computer, type it up, they’re going to see it’s a charge-off, and they send you your lien release. Always make that attempt. If for some reason they don’t respond, you have a backup method, which is a magistrate title, which we’ll talk about afterwards as well.
If the Lender is Out of BusinessIf the lender is out of business, take your first step and send out the package to the last known address for that lender. And if you don’t know the address, you can look it up in the Secretary of State’s records. You can look it up in the corporate records or the banking records. But send out that package. It might just come bouncing right back to you. That’s, you know, perfectly normal. But at least you can show that you sent it to their last known address.
What to Do If There is No ResponseIf it comes back to you, or if they’re not there, then what you do is you file that magistrate title—that court order title. You just tell the magistrate, “Look, I tried to contact the lender, they didn’t respond, they didn’t claim the vehicle.” And then the magistrate or the court clerk can sign that lien release, and it still clears it off your title. So that’s your backup method.
If the Loan is in DefaultIf the loan is in default, charge-off, or write-off, same thing—you want to start with sending it to the lender. If they don’t reply back, then you file it with the magistrate to tell them, “Look, they didn’t respond, and I want the court to sign off on this.”
The Importance of Making a Formal RequestRemember, you have a 0% chance of getting a lien release if you don’t make the formal request. If you make the request, now you have a shot. From what our clients tell us, from them getting lien releases, about 82% of the time, even if there’s money owed, you’ll get a lien release. If the money is paid off, you get it almost all the time.
Always Do It in WritingRemember, always do it in writing—not by phone or email. If you do it by phone or email, it’s back down to 0%. Even if the loan is paid, the bank probably won’t send it to you if you just call them on the phone and ask them to send you a lien release. Always do it in writing. That way, you’ll have a record, too. If they don’t send it, you know that you at least tried.
Filing for an Abandoned Vehicle TitleFiling for an abandoned vehicle title is a very specific process in order to get reimbursement for a vehicle that maybe has been left at your shop, towed in, or stored. Now, I use the phrase “abandoned vehicle” when I started this—be very careful with that. If you have a vehicle that has been brought to a repair shop, brought in for storage, or towed in, you don’t want to use the word “abandon.” I use that word initially because most people think of it as an abandoned vehicle. In fact, we get hundreds of calls every day from shop owners that say, “I want to get a title for an abandoned vehicle.”
The Importance of Correct TerminologyYou need to get rid of that terminology. If you call a vehicle abandoned, you probably will never get a title. But that’s okay because that’s not what it is. It is a mechanic’s lien, a towing lien, or a storage lien. If you call it abandoned, you probably have to give the car away. You can get more information about the difference between an abandoned vehicle and a mechanic’s lien on our website below. But if you do have a vehicle that was brought to you for repairs, towing, or storage, there is a process to get a title. However, it is not abandoned—abandonment is different, and we’re going to talk about that mechanic’s lien process.
Mechanic’s Lien Process ExampleHere’s an example from the state of Florida. This is the Florida Statutes talking about personal property liens, generally Section 713. It talks about what the steps are that are involved, and most states have about the same steps. You have to follow them to the letter; otherwise, they will reject the application. We do hundreds of these every week, and what we find is that it works very well as long as you follow their program. If you deviate from any of the steps, they will kick it back.
Why the DMV Scrutinizes These ApplicationsWhy do they do that? Well, the DMV or the titling authority in every state knows that many times, this process of a mechanic’s lien is used improperly by people and companies, like body shops, to get titles for vehicles that really shouldn’t be getting titles—vehicles that weren’t legitimately brought into their shop for service, but rather belong to a buddy who bought a car on Craigslist or someone they found on Facebook. So, they audit these and scrutinize them to make sure everything is right. It’s very, very important to do all this paperwork correctly.
Steps to Establish Prior State RegistrationLet’s look at a few examples and specific instructions you can get on our website. We also have a service if you want us to do this process and the paperwork for you. If you look at Section 713, the first step is a good faith effort to establish the prior state registration. Before you do anything else, you have to make a good faith effort. What does that mean? A check of the database for the owner or lienholder, a check of the National Motor Vehicle Title Information System, a check of the tag, and a check with law enforcement. The National Motor Vehicle Title Information System is a federal system.
Storage Fees and Reasonable ChargesNumber two is that you can charge fees for storage, but they must be either reasonable, published, or agreed upon. You can’t just make up a storage fee and say, “I’m charging you $100 a day.” It has to be set forth as a reasonable fee. If you try to get more than that, they might reject your whole package.
Importance of Proper NoticesThe other very important part is the notices. A person claiming a lien for towing, recovery, or storage must give notice by certified mail, pursuant to subsection 5E-16, to the registered owner, the insurance company, and all persons claiming a lien as disclosed by the records in the highway safety and motor vehicles system. What does that mean? It means you have to send these notices to the addresses listed in the title record.
Official Records and Title FreezingYou can’t just use any random address you found in the glove compartment or one that the customer gave you. You have to get the records from the government. In some states, it’s required that before you send out notices or certified letters, you first submit a notice of lien to the Department of Motor Vehicles. If you do that, they will first freeze the title, so the owner or lienholder can’t change it. This prevents any funny business. Then, they will give you a printout of what they have for a title record.
Sending Notices to the Right AddressNow you have the official record of the name and address of that person. You might say, “Well, I know they moved from there.” It doesn’t matter. You send it to the address that’s in the title record. If it gets sent back, at least you sent it to the correct address. If you send it to a different address than what’s in the records, the whole thing could get rejected two months later when you apply for the title.
Required Information in the NoticeWhat must be in the notice for a lien on a vehicle? It must include the VIN number, the name and address of the lienor (your facility, body shop, repair shop, or towing company), and the name as registered with the Department of Corporations. Many people make mistakes here. If your business is called “Automotive Restoration Development LLC,” but you call yourself “Bill’s Body Shop,” you must put your official company name on the notice.
Avoiding Rejected ClaimsIf you use “Bill’s Body Shop” or an abbreviation, the state may reject it, or the person being claimed against could dispute it. That name and address must also appear on the outside of the envelope sent to the owner. Why? Because some body shops send blank envelopes, hoping the recipient thinks it’s junk mail and throws it away.
Itemized Charges and Sale TimelineYou must include an itemized statement of charges—not just “You owe $4,200,” but a breakdown of storage, repairs, towing, parts, etc. You must also notify them that the vehicle may be sold after 35 days for an older model or 50 days for a newer model. If you don’t wait the proper time, you will lose your title. The address where the vehicle is physically located must also be included.
Timeline for Notices and Potential Legal ConsequencesTiming is important. You can’t send that notice less than 30 days before the sale of the vehicle (or 50 days for a newer model). You must give the owner at least a month or two to redeem the payment. If the DMV sees the dates are wrong, they will reject the application. Also, if you make a mistake in the paperwork and the lienholder, insurance company, or owner suffers damages, they can sue you and win money.
Importance of Following ProceduresThere are many other details to follow. For example, you must do this notice at least 20 days before the sale, pay 5% of the proceeds to the clerk, and follow all statutory requirements. This is an eight- or nine-page statute, and you must comply with all of it to avoid losing the vehicle.
State Regulations and Federal LawThis is just one example from Florida, but most states have similar procedures. The origin of these procedures comes from federal law, so whether you’re in Florida, Pennsylvania, or Arizona, the steps are largely the same.
Final TakeawaysIf you are a towing company, repair shop, or body shop with a vehicle, first of all, don’t call it abandoned—it probably isn’t. “Abandoned” means it showed up out of nowhere, and you have no idea who brought it there. Instead, it’s a mechanic’s lien or a towing lien. Secondly, don’t talk to lienholders or owners verbally until you know exactly what notices to send. Many lienholders know how to work the system, and if they catch you making a mistake, they can invalidate your entire lien and take the car.
Importance of Doing It RightIt used to be easier to get these titles, and you may have known a local “title guy” who handled mechanic’s liens for cheap. However, those days are over. The state no longer plays around—you can’t skip steps or cut corners. If you don’t do it right, you will not get your title and will lose out on your money.
Issues with Getting Answers from the DMVWe hear a lot from our customers that they’re having trouble getting good answers from their local DMV. A lot of times, we hear that they called the DMV or went in person to the DMV, and they were told something they could do—”Hey, if you do this, you’ll be able to get a title.” And they do that, and they find out later when they go back, “No, that didn’t work. You have to do something else.” Why is that? Is the DMV trying to mislead you? Well, they’re not really. It’s just that sometimes, for more difficult or complex title issues, the DMV employee you talked to initially may not know the right answer.
Lack of Training Among DMV EmployeesA lot of times, the DMV employees are not necessarily trained on all the possible scenarios, so they might just give a guess or something they think is right. And then when you come back, they look it up, and it’s wrong. We deal with the DMV 80–90 times per day, and a lot of times what they tell you is incorrect. Again, not intentionally misleading—it’s just sometimes vague information.
Access to Expert ConsultationYou have access to live one-on-one consultation and the undivided attention of a licensed certified expert in this subject and many others. We want to listen to your story. We want to hear your questions and give you expert advisement on your options. We want to tell you what we know about your situation and what options you have.
DMV Offices Closing Due to Non-ComplianceThe offices that are actually being closed down because of non-compliance—sometimes these offices are doing things so badly that the main office for the DMV has to shut them down. This happened in Texas, where one county was closed by the DMV for non-compliance. They had to go through some training so they could learn better. And it’s not a one-off—it’s an ongoing trend of violating their rules and statutes.
The Importance of Getting Information in WritingDon’t be surprised if you go to the DMV and might not want to take what they say at face value. Maybe get it in writing. We recommend if they tell you you can do something, have them give it to you in writing so that if you go back later and they tell you something different, you can say, “No, I have it right here.” Or look up the statute yourself to know what the rules are. Or get some third-party verification of the procedure you can use to get a vehicle title so you don’t get stuck with a car that you can’t get a title for.
Waiting in Line at the DMVSo do you hate the DMV? Well, imagine these people waiting in line at 2 a.m.—over one hundred people waiting in line. This is in Broward County, Florida. This was posted on social media: pictures of these people just sitting, waiting in the dark, trying to get to the DMV to get a title, registration, or license. The caption says they only accept the first 50 people, and there are over 100 people in this line. So do anything you can to avoid waiting in line.
Alternatives to Visiting the DMVThe DMV is good at what they do. Try to handle your business by mail. Try to do it online. Try using a service. But if you’re looking to get something done at the DMV by going in person, waiting in line is the last thing you want to do.
Challenges with Contacting the DMVAnd as you’ve probably already found out, you’re not going to get anybody on the phone when you call them. So don’t try calling them either, because they don’t have customer service at the DMV.
Considering Other OptionsSo this is just another example of why the DMV is tough to deal with and why you might want to look at alternatives to going down in person and torturing yourself with all those people at 2 a.m.
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