Bill Text: MN HF2912 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Personal property liens regulated, and sale of motor vehicle held by a licensed dealer provided.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-05-12 - Secretary of State Chapter 231 05/09/14 [HF2912 Detail]
Download: Minnesota-2013-HF2912-Introduced.html
Bill Title: Personal property liens regulated, and sale of motor vehicle held by a licensed dealer provided.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-05-12 - Secretary of State Chapter 231 05/09/14 [HF2912 Detail]
Download: Minnesota-2013-HF2912-Introduced.html
1.2relating to liens; regulating liens on personal property; providing for the sale of
1.3a motor vehicle held by a licensed dealer;amending Minnesota Statutes 2012,
1.4section 514.21.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 514.21, is amended to read:
1.7514.21 SALE, WHEN AND WHERE MADE; NOTICE.
1.8 Subdivision 1. Generally. The sale herein provided for shall be made at public
1.9auction between nine o'clock in the morning and five o'clock in the afternoon in the county
1.10where the property or some part thereof is situated. A notice stating the time and place
1.11of sale, the amount which will be due on the date of sale exclusive of the expenses
1.12of advertising and sale, and the grounds of the lien, giving a general description of the
1.13property to be sold, shall be served personally upon the owner of the property if the owner
1.14can be found within the county in which the property is stored, and if not, then it shall be
1.15mailed to the owner thereof at least three weeks before the time fixed for such sale if the
1.16place of residence or post office address of such owner is known by, or with due diligence
1.17can be learned by, the person claiming such lien, and shall be published once in each week
1.18for three successive weeks in a newspaper printed and published in the county where the
1.19property, or some part thereof, is situated, the last publication of such notice to be at least
1.20one week prior to the date of sale; or, if there is no newspaper printed and published in
1.21the county, then the notice of sale shall be posted in three of the most public places in the
1.22county at least three weeks before the time of sale. In case neither the place of residence
1.23nor the post office address of such owner is known to the person claiming such lien and
2.1cannot with reasonable diligence be learned, the publication or posting of notice, as herein
2.2provided, shall be sufficient to authorize such sale.
2.3 Subd. 2. Motor vehicle held by licensed dealer. If the property subject to the
2.4lien is a motor vehicle and the lienholder is a dealer licensed under section 168.27,
2.5subdivision 2 or 3, the dealer may sell the vehicle as provided in subdivision 1 or may
2.6sell the vehicle at wholesale or retail in the ordinary course of business after notice to
2.7the owner as provided in this subdivision.
2.8At least three weeks prior to sale, the dealer shall send a written notice by certified
2.9mail to the last known address of the owner of the vehicle according to the records of the
2.10dealer. If the vehicle is registered in this state and subject to a certificate of title and the
2.11name of the owner or the address of the owner is different than shown on the records of
2.12the dealer, the dealer shall also send the written notice to the registered owner by certified
2.13mail at the address shown. Refusal by an owner to accept certified mail notice, failure by
2.14an owner to claim certified mail notice, or the notice being otherwise undeliverable does
2.15not render the notice insufficient.
2.16The notice must contain a description of the vehicle, the grounds of the lien, the
2.17name, address, and telephone number of the dealer, the total amount owed including any
2.18accrued storage charges, the date after which the vehicle will be sold, and a statement that
2.19the owner may reclaim the vehicle prior to sale by paying the full amount due.
2.20EFFECTIVE DATE; APPLICATION.This section is effective August 1, 2014,
2.21and applies to a vehicle in the possession of a licensed dealer on or after that date.
1.3a motor vehicle held by a licensed dealer;amending Minnesota Statutes 2012,
1.4section 514.21.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 514.21, is amended to read:
1.7514.21 SALE, WHEN AND WHERE MADE; NOTICE.
1.8 Subdivision 1. Generally. The sale herein provided for shall be made at public
1.9auction between nine o'clock in the morning and five o'clock in the afternoon in the county
1.10where the property or some part thereof is situated. A notice stating the time and place
1.11of sale, the amount which will be due on the date of sale exclusive of the expenses
1.12of advertising and sale, and the grounds of the lien, giving a general description of the
1.13property to be sold, shall be served personally upon the owner of the property if the owner
1.14can be found within the county in which the property is stored, and if not, then it shall be
1.15mailed to the owner thereof at least three weeks before the time fixed for such sale if the
1.16place of residence or post office address of such owner is known by, or with due diligence
1.17can be learned by, the person claiming such lien, and shall be published once in each week
1.18for three successive weeks in a newspaper printed and published in the county where the
1.19property, or some part thereof, is situated, the last publication of such notice to be at least
1.20one week prior to the date of sale; or, if there is no newspaper printed and published in
1.21the county, then the notice of sale shall be posted in three of the most public places in the
1.22county at least three weeks before the time of sale. In case neither the place of residence
1.23nor the post office address of such owner is known to the person claiming such lien and
2.1cannot with reasonable diligence be learned, the publication or posting of notice, as herein
2.2provided, shall be sufficient to authorize such sale.
2.3 Subd. 2. Motor vehicle held by licensed dealer. If the property subject to the
2.4lien is a motor vehicle and the lienholder is a dealer licensed under section 168.27,
2.5subdivision 2 or 3, the dealer may sell the vehicle as provided in subdivision 1 or may
2.6sell the vehicle at wholesale or retail in the ordinary course of business after notice to
2.7the owner as provided in this subdivision.
2.8At least three weeks prior to sale, the dealer shall send a written notice by certified
2.9mail to the last known address of the owner of the vehicle according to the records of the
2.10dealer. If the vehicle is registered in this state and subject to a certificate of title and the
2.11name of the owner or the address of the owner is different than shown on the records of
2.12the dealer, the dealer shall also send the written notice to the registered owner by certified
2.13mail at the address shown. Refusal by an owner to accept certified mail notice, failure by
2.14an owner to claim certified mail notice, or the notice being otherwise undeliverable does
2.15not render the notice insufficient.
2.16The notice must contain a description of the vehicle, the grounds of the lien, the
2.17name, address, and telephone number of the dealer, the total amount owed including any
2.18accrued storage charges, the date after which the vehicle will be sold, and a statement that
2.19the owner may reclaim the vehicle prior to sale by paying the full amount due.
2.20EFFECTIVE DATE; APPLICATION.This section is effective August 1, 2014,
2.21and applies to a vehicle in the possession of a licensed dealer on or after that date.
