Section 32-13-3

Authority to sell; notice; issuance of clear bill of sale.

(a)(1) Any automobile dealer, wrecker service or repair service owner, or any person or firm on whose property a motor vehicle is lawfully towed at the written request of a law-enforcement officer, or the owner or lessee of real property, or his or her agent upon which an abandoned motor vehicle as defined in subdivision (1) or (3) of Section 32-13-1 has become abandoned, and who has the abandoned motor vehicle as defined in subdivision (1) or (3) of Section 32-13-1 on his or her property, may sell the vehicle at public auction.

(2) Any person or firm on whose property an abandoned motor vehicle as defined in subdivision (2) of Section 32-13-1 has been lawfully towed, or the owner or lessee of real property or his or her agent upon which an abandoned motor vehicle as defined in subdivision (2) of Section 32-13-1 has become abandoned, and who has the abandoned motor vehicle as defined in subdivision (2) of Section 32-13-1 on his or her property, except vehicles which have been claimed within seven days after being towed, and who has notified or attempted to notify by certified mail, return receipt requested, the owner or lienholders of record, if any, after the abandoned motor vehicle was lawfully towed onto his or her property, may, 60 days after the abandoned vehicle was lawfully towed, sell the vehicle at public auction. In addition, if notice was not given or attempted to be given as provided herein to the owner or lienholders, no additional storage charges may be added after 30 days.

(3) The person or entity giving notice under this section shall obtain from the Department of Revenue in writing, a statement, form, or document listing the name and address of the current owners, secured parties, and lienholders of record for the vehicle or a statement, form, or document that the department has no information of record concerning the current owners, secured parties, or lienholders of the vehicle. The actual cost of giving notification, not to exceed twenty-five dollars ($25), plus the actual cost of the records request, which shall be properly documented to the owner, secured parties, or lienholders of record, if any, shall be paid by the person or entity holding the vehicle, but shall be paid by the owner or lienholders on or before claiming the vehicle. The return of a certified letter unclaimed shall be proof of an attempt to give notice as required by this subsection.

(b) Notice of the date and place of the sale and a description of the vehicle to be sold shall be given by a newspaper publication at least 10 days before the date of the sale in a newspaper of general circulation in the county in which the sale is to be held. In counties in which no newspaper is published, notice shall be given by posting such notice in a conspicuous place at the courthouse.

(c) Upon payment of the sales price and upon filing with the register or clerk of the circuit court of the report of sale and other information required by Section 32-13-6, the purchaser shall be entitled to and the person making the sale shall issue a bill of sale to the abandoned motor vehicle, free and clear of all liens, security interests, and encumbrances. Notwithstanding the foregoing, if the person making the sale failed to provide notice, or did not attempt to provide notice to the owners, secured parties, and lienholders of record of the vehicle in the manner required herein, then the sale of the abandoned vehicle shall be void and the owners, secured parties, and lienholders of record shall retain their ownership, security interests, and liens in the vehicle.

(Acts 1971, No. 1154, p. 1999, §3; Acts 1983, No. 83-494, p. 691, §1; Acts 1989, No. 89-758, p. 1534, §3; Act 98-256, p. 423, §1; Act 2003-402, §1.)