TDCAA Community
Who is an "owner" for purposes of Article 18.17?

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/257098965/m/1891057302

February 05, 2010, 16:24
JBS
Who is an "owner" for purposes of Article 18.17?
Specifically, do we treat lien holders as "owners" too? We did.

We have a car that was abandoned and we notified both the registered owner and the lien holder as required by the CCP. Neither responded in time. If we now sell it, do we (a) sell it subject to the lien (surely not), (b) can we (or the new buyer) avoid the lien, or (c) must we satisfy the lien with the proceeds before depositing the remainder in our general fund?

It seems that by providing notice and an opportunity to respond to the lien holder, we gave them ample opportunity to assert their claim, and that by failing to do so they have "abandoned" the property every bit as much as the registered owner. But I'm a little wary of trying to avoid a lien without a court order of any kind and opening ourselves up to suit by the lien holding bank.

Anyone done enough of these to know?