Lien Sales Frequently Asked Questions - California DMV (2024)

This FAQ is designed to answer most common lien sale questions. The DMV’s Lien Sale Unit is also available at (916) 657-7617.

Vehicle Owners / Interested Parties

The notice is to let you know that a lien sale is pending for the vehicle. The lien sale allows the business (lienholder) to recover the money owed for repairs, towing, and/or storage of the vehicle.

The notice of pending lien sale is required to be sent to all the following:

  • the registered and legal owner(s) of record,
  • any person identified as a buyer on a Notice of Transfer and Release of Liability (NRL) filed with DMV, and
  • any person known by the lienholder to have an interest in the vehicle.

You received the notice because DMV records indicate you still have an interest in this vehicle.

If you have gave DMV an NRL, it is on file. However, to complete the vehicle sale, the person you sold the vehicle to must change the ownership at DMV. You may still be listed as the vehicle owner, which is why you received the notice.

after the purchaser takes possession of the vehicle and you submitted a properly completed NRL, any liability for parking violations, traffic violations, or other legal matter after the date of sale becomes the responsibility of the purchaser.

If you have not filed an NRL with DMV for the vehicle’s sale, you may submit it now to protect yourself from future liability.

For more information regarding the NRL, including how to file or how to get a copy of a submitted NRL, see NRL FAQs.

When the window to oppose the lien sale has past, it becomes a civil matter between the parties involved. You may want to seek legal advice if you are unsure of your options, the consequences, or of what you want to do. However, many times in this situation customers choose to:

  • Work with the lienholder to pay all fees due in order to retrieve the vehicle before it is sold.
  • Do nothing and let the vehicle be sold.
  • File a court action to prevent the sale of the vehicle if it is believed that the lienholder is not entitled to the money owed.

if the lienholder takes you to court for the remainder of money owed after the sale of the vehicle, or if you file a court action against the lienholder to prevent the sale, the court may determine that you owe the money and court fees.

You can remove the lien by providing DMV with proof of possession, such as:

  • For registered owners, a vehicle verification or proof of payment on the lienholder’s letterhead.
  • For legal owners, a Certificate of Repossession.

The vehicle verification must be completed by an authorized DMV representative, California licensed vehicle verifier, authorized auto club (AAA) employee, or peace officer who has been properly trained to perform vehicle verifications.

Proof of possession may be submitted one of the following ways:

  • By Fax: (916) 657-8763
  • By Mail:
    P.O. Box 932317
    Sacramento, CA 94232
  • In person at a local field office.
    • You may find a location near you by using the link below. Be sure to access the “Select a Service” drop down button and choose the “Field Offices” box shown under “Location Types”: https://www.dmv.ca.gov/portal/locations/

No, you cannot conduct a lien sale on a vehicle in which you have a monetary interest.

Follow the link below to access the Financial Institution Locator which provides resources for locating a legal owner and provides the process when the legal owner is closed, or no information is available:
https://www.dmv.ca.gov/portal/vehicle-registration/titles/find-your-financial-institution/

Please contact the Lien Sale Unit at (916) 657-7617.

Vehicle Purchasers / New Owners

Please contact the person or business where you bought the vehicle to request copies of the documents. If documents are unavailable, contact the Lien Sale Unit at (916) 657-7617 for more information.

Lienholders / Lienholder Agents

You must first determine whether the value of the vehicle is over $4,000 or at $4,000 or less, and ensure you are using the current market value for similar vehicles. Once you have determined the value of the vehicle follow the link below based on the identified value to access the “How To: Brochure” that explains the process:

  • If the value is at $4,000 or less:
    https://www.dmv.ca.gov/portal/how-to-conduct-a-lien-sale-fora-vehicle-valued-at-4000-or-less-htvr-7/
  • If the value is over $4,000:
    https://www.dmv.ca.gov/portal/how-to-conduct-a-lien-sale-fora-vehicle-stored-at-a-self-service-storage-facility-or-valued-over4000-htvr-8/

Lien sale documents are available on the DMV website:

  • Notice of Pending Lien Sale for Vehicle Valued $4000 or Less (REG 668)
  • Certification of Lien Sale for Vehicle Valued $4000 or Less (REG 168A)
  • Application for Authorization for Lien Sale of a Lien Sale for a Vehicle Valued Over $4000 (REG 656)
  • Notice of Pending Lien Sale of Vehicle Valued over $4000 or From a Self-Service Storage Facility (REG 280)
  • Certification of Lien Sale (REG 168) – For vehicle valued over $4000
  • Application for Authorization to Continue Lien Sale After Unsuccessful Service (REG 659)

To avoid the rejection of applications submitted, ensure forms are completed in their entirety and the information provided is legible and correct (e.g. complete VIN/license plate/description of vehicle, signature and date signed, countersignature for business/company, etc.).

Please contact the Lien Sale Unit at (916) 657-7617.

No. All auto repair shops in California must be registered with the Department of Consumer Affairs’ Bureau of Automotive Repair.

When the lien sale is opposed, DMV sends a denial letter to the lienholder. The lien sale cannot be conducted unless one of the following occurs:

  1. The declarant signs the Release of Interest section on the bottom of the denial letter and the lienholder submits the original signed document to DMV.
  2. The lienholder files an action in court within 30 days of the date DMV’s notice was mailed and a judgment is awarded to the lienholder that is not paid within five days of becoming final. Submit to DMV a copy of the court judgment with a copy of the plaintiff’s claim and a Statement of Facts (REG 256) form stating, “A court judgment has been received in the lienholder’s favor. It has been at least 35 days and no money has been received.”
  3. The lienholder could not serve the declarant pursuant to CCC §§3071(e) or 3072(e), and the lienholder submits the following documents to DMV: an Application for Authorization to Continue Lien Sale After Unsuccessful Service (REG 659) form with the unopened certified letter that contains the court documents or the documents proving unsuccessful personal service.

When one of the items listed above is received by the Lien Sale Unit at DMV headquarters, DMV will send authorization to continue with the sale to the lienholder and notify the person who opposed the sale of the authorization.

No. If the vehicle in your possession has California license plates and you are out-of-state, you must follow the lien sale laws of that state. You can acquire the names and addresses of the legal and registered owners of the vehicle by using the Request for Record Information (INF 70) form.

Out-of-state lien sale requesters must cite their state statute by code name and section number AND attach a copy of the statute to their request. For further information, contact the DMV Information Release Unit at (916) 657-8098.

Out-of-state requesters cannot use Registration Information Request for Lien Sale (INF 1126) form, which is for California based requesters only.

Please contact the Lien Sale Unit at (916) 657-7617.

Lien Sales Frequently Asked Questions - California DMV (2024)

FAQs

How long does a lien sale take in California? ›

The duration of the lien sale process depends on whether the vehicle is valued less than $4,000 or a vessel is valued less than $1,500 (35 to 45 days) or more than $4,000 or for storage facilities, or if a vessel is valued more than $1,500 (90 to 180 days).

How do I stop a lien sale in California? ›

You can remove the lien by providing DMV with proof of possession, such as:
  1. For registered owners, a vehicle verification or proof of payment on the lienholder's letterhead.
  2. For legal owners, a Certificate of Repossession.

How to sell a car with lien in California? ›

Remove and destroy the license plates. Submit a completed Notice of Transfer and Release of Liability (REG 138) to the department within five days of the sale. Complete a Certification of Lien Sale for Vehicles Valued $4,000 or Less (REG 168A).

How do you get around a lien on a title? ›

Once your car loan is completely paid off, obtain a car title lien release from your lender so your state BMV or DMV can put the car title in your name. The lien removal process varies by state and typically involves completing paperwork and paying a fee for the new car title.

How much does a lien sale cost in California? ›

The lienholder may charge a fee for lien sale preparations not to exceed seventy dollars ($70) in the case of a vehicle having a value determined to be four thousand dollars ($4,000) or less and not to exceed one hundred dollars ($100) in the case of a vehicle having a value determined to be greater than four thousand ...

How do I get a lien released in California? ›

Lien Release: After a lien has been filed, the California claimant can release or cancel the lien by filing a Mechanics Lien Release form with the county recorder's office where the lien was originally recorded.

Do liens expire in California? ›

A lien expires 10 years from the date of recording or filing, unless we extend it. If we extend the lien, we will send a new Notice of State Tax Lien and record or file it with the county recorder or California Secretary of State. We will not release expired liens.

How do I fight a lien in California? ›

Step by Step Instructions
  1. Ask the claimant to release the lien. ...
  2. Obtain a certified copy of the lien. ...
  3. Copy and assemble the documents. ...
  4. File your documents, pay filing fee, and ask clerk for hearing date. ...
  5. Have the Petition and other documents served.

How do you remove a lien? ›

Request a Release-of-Lien Form – After paying off the balance of your debt in full, the creditor will file a release-of-lien form. This will act as evidence that the debt has been paid and will formally release the lien from your property.

Does the lien holder keep the title in California? ›

Lienholder Title: A vehicle with a lien or title loan may have a title issued directly to the lienholder. The purchaser will be listed as the owner, but the title will list the lender as lien holder, and the lender will retain possession of the title.

What is a lien on a car in California? ›

A person who has repaired, furnished supplies/materials for, towed, or stored a vehicle and is not paid for the services rendered has a lien against the vehicle.

What is a VLT stop in California DMV? ›

Vehicle License Title (VLT) Stop, Reason Code 89—When registration is refused for a California noncertified or direct import vehicle, the Technical Compliance Section (TCS) in DMV headquarters places a VLT stop, reason code 89 on the vehicle record to prevent registration at a later date.

How do I remove a lienholder from my car title in California? ›

Removing a Lien: If your vehicle has been paid off and the lienholder has released the lien, you should notify the DMV to have the lien removed from your car title. Submit the Notice of Transfer and Release of Liability (Form REG 138) and the lien release form to the DMV with the applicable fees. 4.

How do I write a letter to release a lien? ›

Specify the property or asset that was subject to the lien. Include details such as the address, make and model (if applicable), and any other relevant identifying information. Clearly state the reason for the lien release. This could be due to payment in full, a change in ownership, or any other applicable reason.

How to remove a property lien in California? ›

Options
  1. Invalidate the lien. If the lien is invalid or was obtained in a manner that doesn't follow the procedural requirements under the law, an attorney may be able to strip the lien from the property. ...
  2. Satisfy the debt. This is the simplest way to have the lien cleared. ...
  3. Negotiate a lower payoff. ...
  4. File for bankruptcy.

What is the lien period in California? ›

California has one of the shortest lien expiration dates of all US states. In California, a lien claimant must act to enforce their lien within 90 days of filing. As a property owner, you may decide to wait out the 90-day period and let the claim expire.

How long before a tow company can sell your car in California? ›

Under California law, the impound lot will only hold your vehicle for a maximum of 30 calendar days. If you don't claim your car by then, police will sell the vehicle at auction. In addition, some lots charge fees by the day, so the longer you wait to collect your car, the higher your fees may be.

How long does it take to file a lien in California? ›

The potential lien claimant must record the mechanics lien within 90 days of: Completion of work, • When the owner began using the improvement, or • When the owner accepted the improvement. If the potential lien claimant fails to record the mechanics lien within the appropriate time frame, the lien isn't valid.

Can you sell a house with a lien on it in California? ›

Dealing with the lien: If there is a lien on the house you want to sell, you have to take care of it before you can sell the house. This usually means paying off the debt or coming to an agreement with the person or company that has the lien.

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