Bill Text: MN HF2912 | 2013-2014 | 88th Legislature | Engrossed
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-Engrossed.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. (a) If the property subject to
2.4the lien 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.
2.8(b) At least three weeks prior to sale, the dealer shall send a written notice by
2.9certified mail to the last known address of the owner of the vehicle according to the
2.10records of the dealer. If the vehicle is registered in this state and subject to a certificate of
2.11title and the name of the owner or the address of the owner is different than shown on
2.12the records of the dealer, the dealer shall also send the written notice to the registered
2.13owner by certified mail at the address shown.
2.14(c) The notice must contain a description of the vehicle, the grounds of the lien, the
2.15name, address, and telephone number of the dealer, the total amount owed including any
2.16accrued storage charges, the date after which the vehicle will be sold, and a statement that
2.17the owner may reclaim the vehicle prior to sale by paying the full amount due.
2.18(d) A dealer who sells a vehicle under this subdivision waives any further claim
2.19against the owner for any deficiency or other charges secured by the lien.
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. (a) If the property subject to
2.4the lien 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.
2.8(b) At least three weeks prior to sale, the dealer shall send a written notice by
2.9certified mail to the last known address of the owner of the vehicle according to the
2.10records of the dealer. If the vehicle is registered in this state and subject to a certificate of
2.11title and the name of the owner or the address of the owner is different than shown on
2.12the records of the dealer, the dealer shall also send the written notice to the registered
2.13owner by certified mail at the address shown.
2.14(c) The notice must contain a description of the vehicle, the grounds of the lien, the
2.15name, address, and telephone number of the dealer, the total amount owed including any
2.16accrued storage charges, the date after which the vehicle will be sold, and a statement that
2.17the owner may reclaim the vehicle prior to sale by paying the full amount due.
2.18(d) A dealer who sells a vehicle under this subdivision waives any further claim
2.19against the owner for any deficiency or other charges secured by the lien.
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.
