Removal of property held by a lien.

[mimiwagers]

What is the name of your state? Kentucky

My husband passed away in May of this year. He had a personal loan in his name only with a vehicle put up for collateral. The loan people contacted me about the car, asking if I wanted to continue to make the payments, or forfeit the vehicle. The vehicle is not drive able, as my husband wrecked it before his death. I contacted them over 30 days ago to come and pick the car up, and it is still in my driveway. Is there a legal timeframe for the removal of the vehicle from my property? And if there is a timeframe what are my legal options if the vehicle is not removed?

 

[quincy]

Who has removed the property?

 

[mimiwagers]

The property hasnt been removed as of yet.

 

[quincy]

There is not a legal timeframe for removal of the vehicle until you provide a deadline for removal.

 

[mimiwagers]

There is not a legal timeframe for removal of the vehicle until you provide a deadline for removal.

Legally how long do I have to give them for the removal?

 

[Zigner]

Why do you feel they have to remove it?

Edit: To be clear - your husband's estate still owes for the loan. The fact that the collateral was allowed to waste doesn't remove that obligation.

 

[LdiJ]

Why do you feel they have to remove it?

Edit: To be clear - your husband's estate still owes for the loan. The fact that the collateral was allowed to waste doesn't remove that obligation.

There may not be any estate. Everything may have passed outside of any estate.

 

[mimiwagers]

There may not be any estate. Everything may have passed outside of any estate.

There was not an estate. If they are not going to remove it off of my property I want to know when I can legally remove it without facing any repercussions.

 

[LdiJ]

There was not an estate. If they are not going to remove it off of my property I want to know when I can legally remove it without facing any repercussions.

The problem is getting anyone to take it when you don't have title. You need to give them something in writing stating that if they do not remove the vehicle from your property within 30 days that you will dispose of the vehicle. If you can then get a junkyard to take it without a title, then have it towed off.

 

[Zigner]

The problem is getting anyone to take it when you don't have title. You need to give them something in writing stating that if they do not remove the vehicle from your property within 30 days that you will dispose of the vehicle. If you can then get a junkyard to take it without a title, then have it towed off.

The OP needs to give the owner (in this case, his estate) such notice. Whether there is a requirement to notify the lienholder is state specific - the OP would need to research that in her state.

 

[Zigner]

There was not an estate. If they are not going to remove it off of my property I want to know when I can legally remove it without facing any repercussions.

Yes, there is an estate - there is just about always an estate. At the very least, the estate consists of an old broken-down car.

 

[LdiJ]

The OP needs to give the owner (in this case, his estate) such notice. Whether there is a requirement to notify the lienholder is state specific - the OP would need to research that in her state.

Except in this case, the lienholder specifically asked her if she wanted to keep the car or forfeit it. She wants it off HER property.

 

[Zigner]

Except in this case, the lienholder specifically asked her if she wanted to keep the car or forfeit it. She wants it off HER property.

Let's step back a little, as more information may be required.

mimiwagers - how is the vehicle presently titled?
Is the loan company actually listed on the title as a lienholder?

 

[quincy]

The vehicle was pledged as collateral on the loan.

mimiwagers, you might want to check your city ordinances to see what (if anything) is said about "abandoned vehicles" and "junk vehicles."

These definitions can differ from city to city but generally will include any vehicle left unclaimed for a period of time by the titled owner or by any person (or entity) having a security interest in the vehicle. "Period of time" is often determined by the location of the abandoned vehicle (public street, public lot, private property ...).

You can provide written notice (certified letter, return receipt requested) to the lienholder specifying the current location of the vehicle and state that the vehicle must be removed from this location within X days or you will report the vehicle as abandoned to your city's code enforcement office to have the vehicle towed and auctioned off/disposed of.

The "X" should allow enough time for receipt of the notice by the lien holder and for the lien holder to retrieve the vehicle.

Code enforcement legitimately can be involved if the vehicle is as described (inoperable).

 

[Zigner]

It's entirely possible that the OP is now the owner of the vehicle - so we wouldn't be talking about an "abandoned vehicle" in the sense that you're speaking.