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Technical Abandoned vehicle

Discussion in 'The Hokey Ass Message Board' started by saenz60, Feb 8, 2019.

  1. saenz60
    Joined: Apr 25, 2006
    Posts: 12

    saenz60
    Member

    Hey guys. I live in Texas and have a 60's truck that was parked on my property over 15 years ago. Talked to the owner about 10 years ago and she never came for it. Any one have an Idea of how I can take ownership of it?
     
    chryslerfan55 likes this.
  2. Possession is 9 tenths of the law in almost every state. HRP
     
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  3. VANDENPLAS
    Joined: Dec 14, 2009
    Posts: 2,368

    VANDENPLAS
    Member

    Go talk to your local DMV
    Would be your best bet.
     
    BigO, 41 C28, zzford and 4 others like this.
  4. Slopok
    Joined: Jan 30, 2012
    Posts: 2,549

    Slopok
    Member

    Just imagine all that money you're gonna receive for storage fees!o_O
     
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  5. squirrel
    Joined: Sep 23, 2004
    Posts: 46,076

    squirrel
    Member

    yup, each state is different...but there is usually a process for claiming a vehicle that's abandoned on your property.

    Talk to the local DMV, or look online at the Texas state web page for info about abandoned vehicles.
     
  6. dirty old man
    Joined: Feb 2, 2008
    Posts: 8,536

    dirty old man
    ALLIANCE MEMBER

    As usual, Jim and Danny have given the best, most accurate answers to this question:cool::)
     
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  7. Bandit Billy
    Joined: Sep 16, 2014
    Posts: 6,519

    Bandit Billy
    ALLIANCE MEMBER

    [​IMG]
     
  8. Mr48chev
    Joined: Dec 28, 2007
    Posts: 26,862

    Mr48chev
    ALLIANCE MEMBER

    https://www.txdmv.gov/motorists/buying-or-selling-a-vehicle/abandoned-vehicles
    It's pretty simple to have it towed off the property by a legit tow company but readimg this next link, they expect you to have it towed and then buy it back from the tow company..
    https://legalbeagle.com/6752927-obtain-possession-abandoned-vehicle-texas.html

    The law it's self. https://law.justia.com/codes/texas/2005/tn/007.00.000683.00.html

    Looks like you are somewhat screwed unless you own a garage (shop) or storage facility. That might include an area on rental property where renters are/were allowed to store extra vehicles or RV's or boats.
    The only question I have is have you ever looked in the glove box and other hiding spots to see if the title might be in the truck?
    If I knew where the woman was I'd send her a storage bill neatly done up on the computer and printed out listing X number of storage at y $$ and request payment or the title or release of interest in the truck.
    Other wise have a sit down with your local Sheriff and see what they say.
    You did look though the glove box and hiding spots to see if the title might be in the truck. I went to cut up a no title rig a few years ago and the title was in the glove box mixed in with a bunch of other papers.
     
  9. irishsteve
    Joined: Jan 10, 2017
    Posts: 722

    irishsteve

    Send a certifed letter to the last know address.When it comes back as undeliverable keep it as proof you tried to find the owner.See the DMV about lien sale due to unpaid storage bill.Know anyone who owns a tow buisness,or body shop?Most of those guys have had to do it before,and can advise you.I bet a title service does them.
     
  10. What he said.

    Ben
     
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  11. oliver westlund
    Joined: Dec 19, 2018
    Posts: 764

    oliver westlund
    Member

    in oregon liens are the easiest, i have done several. i file the lien, they try to contact the owner then i "sell it at auction" to myself. people who work at the dmv will tell you to do it(when theyre off duty) i have bought old vehicles with owners long dead, no bill of sale but as long as the story checks out i can file a lien. in your lien you claim things like storage fees, you have to look up how much you can legally assess in your state. im not encouraging you to break the law. only to use the law the same way lawyers use the law, tow companies use the law police detectives use the law. you have to know the loopholes, what to say and not to say
     
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  12. VANDENPLAS
    Joined: Dec 14, 2009
    Posts: 2,368

    VANDENPLAS
    Member

    The only thing I can add from personal experience is go to 2 or 3 DMV offices.
    You will most likely get different answeres.


    I do most of my government stuff at the “ services Canada” office up by my parents cottage roughly 1.5 hours outside Toronto in a small-ish farming community. Always easier and friendlier people to deal with.

    The government always leaves things like this “grey” and up to personal interpretation.


    Good luck
    Post some pics of f you can.
     
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  13. saenz60
    Joined: Apr 25, 2006
    Posts: 12

    saenz60
    Member

    thanks guys. I did look up the abandoned vehicle laws and that wasn't good at all. I'll go talk to someone at the DMV and see what they say.
     
  14. oliver westlund
    Joined: Dec 19, 2018
    Posts: 764

    oliver westlund
    Member

    be careful how you word things!!! 1st thing theyll say if theyre like my dmv? did you buy it with a bill of sale? no? then you dont own it! asking the dmv is a bad route imo, do research around it, call the dmv for clarification on rules but dont give too many details. i have had dmv employees tell me to my face, "go outside, think about how you want to word this, then come back." those are the nice ones! gotta remember, they have very strict rules to follow and they arent going to risk their job to help you even if youre in the right!
     
  15. rusty valley
    Joined: Oct 25, 2014
    Posts: 1,494

    rusty valley
    Member

    in minnesota, you file a lien for back storage due, then you have to wait, i forget, 90 days? then you have to post a public sale (auction) notice in three public places. that can be on a telephone pole, bulletin board at the grocery store, etc, hire the sheriff to conduct the sale, then the day of the sale if no one bids up to the storage figure, you own it
     
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  16. coilover
    Joined: Apr 19, 2007
    Posts: 609

    coilover
    Member
    from Texas

    Don't ever, EVER deal with the DMV unless one absolutely has to. Being in Texas you have a horse shoe in your butt for getting a 100% legal title because right you're next door to Oklahoma which has an abandoned vehicle title procedure called "Oklahoma Title 42". Google it for details. I use a lady out of Shawnee, OK and have not had a single problem of any kind for about 15 titles. There are cheaper ones in Oklahoma City and Tulsa but I's rather go the $225 with her because her husband has a wrecker service/impound lot so she knows her shit. Your car doesn't have to be in Oklahoma but you MUST have an Oklahoma mailing address (and not a PO Box). Being on the border in Fannin County I know many in Okie land so it's never been a problem. Takes 16 weeks.
     
  17. rusty valley
    Joined: Oct 25, 2014
    Posts: 1,494

    rusty valley
    Member

    that sure sounds like the way to go!
     
  18. oliver westlund
    Joined: Dec 19, 2018
    Posts: 764

    oliver westlund
    Member

    ouch!
     
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  19. COCONUTS
    Joined: May 5, 2015
    Posts: 615

    COCONUTS

    She is waiting for you to fix it up then take you to court with her brother-in-law lawyer to get it back then complain about the color and you will have to re-paint the whole thing. Save yourself the grief and burn it in place.
     
  20. VANDENPLAS
    Joined: Dec 14, 2009
    Posts: 2,368

    VANDENPLAS
    Member

    @COCONUTS i read a story about something like this happening with a 70’s van that was used in a movie, then basically abandoned on someone’s property, went through a forest fire vandalized etc.
    Someone found it and figured out it was the van from the movie, restored it and showed it the original “ owners” for wind of this and last I heard the van was confiscated by the police and the case is slowly going through the courts.
    I have also read threads right here on the Hamb of people buying cars with no ownership or building cars with no papers and at the end having the car taken away or not being able to license it for the road.


    Years ago I bought a car that 1digit was off on the ownership paper compared to the stamped vin I don’t remember if it was an 8 that turned into a 7 or an n that became a 0 something silly , a mistake made during licensing and it was a pain for me to get it corrected.


    What ever you end up doing let us know.
    What shape is the truck in?
     
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  21. B Ramsey
    Joined: Mar 29, 2009
    Posts: 625

    B Ramsey
    Member

    Lien sale it and post photos of it.
     
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  22. THE FRENCHTOWN FLYER
    Joined: Jun 6, 2007
    Posts: 3,036

    THE FRENCHTOWN FLYER
    Member
    from FRENCHTOWN

    I discovered an abandoned Opel GT with no engine. A perfect platform for a '70s Gasser.

    I called the sheriff and asked what I needed to do to take possession of it.

    When I inquired back a week later the sheriff said it was towed to their impound lot and I needed to call them. The impound lot told me I could buy it from them for $400 - to which I said FYou.

    A couple years later I was visiting my local junk yard and - no lie - here comes the impound yard's flatbed carrying my Opel GT. What a waste. By then I' moved on to other projects (see my Attic Anglia thread).
     
  23. oliver westlund
    Joined: Dec 19, 2018
    Posts: 764

    oliver westlund
    Member

    if you get a title via a lien, there is no court, no do overs nothing. its yours
     
  24. 2935ford
    Joined: Jan 6, 2006
    Posts: 3,333

    2935ford
    Member

    Not sure about Texas but many years ago when I lived in SoCal I found a '55 Chev drop top that I wanted. It was at a shop/storage facility. Asked if was for sale owner of the shop said if he could get a release on it. Owner had months of back payments due.
    So, shop owner checked into it. All he had to do was put a notice in the paper for a week for the owner to come pay up and take it. A week later and no response......the car was mine. What I don't remember was how I got the title but I did?
     
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  25. Hellfish
    Joined: Jun 19, 2002
    Posts: 6,436

    Hellfish
    Member

    I'm pretty sure that you cannot charge them for storage unless you first send them a letter saying you will start charging storage starting on a certain date. I don't think it can be retroactive. You talked to the owner before. Have you tried contacting her again? She'll probably just let you have it.
     
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  26. gene-koning
    Joined: Oct 28, 2016
    Posts: 1,814

    gene-koning
    Member

    In IL, you never use the words "Abandoned vehicle" with the DMV. The State believes (or at least used to believe) all abandoned vehicles were used in some sort of crime. It brings about all sorts of unwanted attention. Gene
     
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  27. Six Ball
    Joined: Oct 8, 2007
    Posts: 3,328

    Six Ball
    Member
    from Nevada

    In some states a car that has not been registered/licensed for a certain amount of time falls off their records. If thats the case they can not look up the owner. There used to be a company in Vermont, I think< that did titles. You sold them the car with a bill of sale. They could title it there with a bill of sale. they sold you the car back with a Vermont title. It cost $250. I did that with a car and a motorcycle.
    Nevada used to have very liberal laws until California found out. The lines at the DMV offices near the state lines drew enough attention to get the laws changed. They were not fun changes.
     
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  28. We can get bonded titles here in Arkansas. However I simply consider any vehicle without a title a Parts vehicle. On Jan 1st I bought a 60 Pontiac Catalina. No title they said the title burnt in a house fire. and its a 4 door. No title and too many doors so its a parts car.
     
  29. Three Widow's Garage
    Joined: Jan 18, 2010
    Posts: 206

    Three Widow's Garage
    Member

    I've noticed that in the threads on car titles we all have stories and ideas, but I don't ever recall anyone that actually works at the DMV chime in. They must not like old cars. In CA. I have registered 3 "abandoned" vehicles with the lien sale procedure. The only real chance of a problem is if the car is in the system and was tagged as stolen or still has a outstanding loan. The best way to handle it is to have a good friend be the person to have the lien sale and you be the person to purchase it from him. You take the paperwork to the DMV have the vin verified get title.
     
    chryslerfan55 likes this.
  30. Put a lien on it for storage and then claim the car for payment for storage.
     

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