Notice to Owner/Lienholder of Motor Vehicle, Trailer, Boat, or Outboard Motor of Intent to Sell for Storage Charges
Purpose of the Form
The purpose of this form is to give you a form to enable you to comply with your statutory duties to notify owners and lienholders of record before you sell a vehicle, boat, trailer, or outboard motor at a foreclosure sale. Chapter 70 of the Texas Property Code requires that you wait at least 30 days after mailing your Notice of Claim form, then you must mail a Notice of Intent to Sell to owners and lienholders of record via certified mail, return receipt requested.
When to Use
In the case of any “special foreclosure” —namely foreclosure on a vehicle, boat, trailer or outboard motor, this form needs to be used within 30 days after you’ve mailed your Notice of Claim. This “Notice of Intent to Sell” form will provide a statutorily-required notice to the owners and lienholders of record. Before sending this form, you will need to obtain information regarding the owners and lienholders of record from either TxDOT (in the case of vehicles and trailers) or TPWD (in the case of boats and motors).
Tips for Use
The Notice of Intent to Sell must be sent via certified mail, return receipt requested, to the owners and lienholders per TxDOT/TxDMV) or TPWD records, at the address of the owners and lienholders per TxDOT/TxDMV or TPWD records. Per state law (Property Code, Chapter 70) owners and lienholders of record have a 31-day period after this notice is mailed to redeem the property.
This “Notice of Intent to Sell” is the second of two notices that must be sent. The first notice that must be sent is the “Notice of Claim” (sent certified mail). At least 30 days after sending the Notice of Claim, this Notice of Intent to Sell must be sent. Don’t forget that when foreclosing on vehicles or trailers, TxDOT/TxDMV and TPWD policies require you to send the Notice of Claim not only to the tenant, but also to the owners and lienholders of record, and also require that you send the Notice of Claim within five days of seizing the vehicle or trailer. In the case of boats and outboard motors, the Notice of Claim need only be mailed to the tenant, and can be mailed any time after seizure.