Protecting Lienholder Interests in an Era of Forged Titles Client Advisory Title fraud is blowing up nationwide. The usual scenario involves a vehicle being sold to an unsuspecting buyer with what appears to be a clean title—but that transaction does not extinguish a valid lienholder interest. Banks, captive finance companies, and other secured creditors need …
State law sometimes affords lienholders and lessors significant protections that remain underused because they are not widely understood. In this regard, we are fortunate to have a guest star for this issue—Massachusetts attorney Kevin J. Kiely, of Kiely & Ferrante, LLC, who highlights Massachusetts General Laws, Chapter 255, Section 35, which provides that a lienholder …
Read more “Massachusetts Law Provides Powerful Protection for Vehicle Lienholders/Lessors”
A recent federal lawsuit against the City of New York has led to major changes that directly benefit lienholders, leasing companies, and their customers. The City’s Department of Sanitation (DSNY) has implemented new procedures to ensure that financial institutions and lessors are notified and given a fair opportunity to reclaim or challenge the seizure of …
If you’ve ever tried to recover a vehicle from the New York City Parking Violations Bureau (PVB, operated by Daisy Alverio), you know how frustrating it can be. The process often feels inconsistent, slow, and confusing — and for years, lienholders have had to deal with a system that doesn’t always take their needs into …
Read more “Federal Court Orders the NYC Parking Violations Bureau to Listen to Lienholder Concerns”
When a secured vehicle is wrongfully sold or transferred, every hour counts. Swift legal action—backed by precise knowledge of New York’s Lien Law—often determines whether a lienholder can recover its collateral. A recent ruling by Justice David A. Weinstein offers a powerful reminder: garages that cut corners on notice requirements risk losing their lien rights …
Read more “Court Voids Garage Lien and Vehicle Sale: A Critical Win for Lienholders”
Title-Washing: A Growing Threat to Lienholders Title-washing—the fraudulent removal of a lien from a vehicle title—is on the rise. For lienholders and lessors, it poses a serious risk to collateral interests and recovery rights. The good news is that in most cases, the law allows you to undo these fraudulent transactions and restore your lien. …
Read more “Client Alert: Title-Washing Fraud – What Every Lienholder Needs to Know”
To recover a vehicle that has been impounded by the NYPD, a lienholder must present a title in the lienholder’s name. The NYPD will not accept any title that is illegally obtained as doing so would make the police complicit in illegal action. There are only two lawful ways for a lienholder to obtain title: …
Read more “WARNING: Do Not Obtain “Repo” Titles on Vehicles that are Impounded by the NYPD”
Many cities and towns use license plate reader technology to scan for “scofflaws.” Scofflaws generally are people who have two or more unpaid parking tickets. When a license plate registered to a scofflaw is found, the typical practice is to boot the vehicle, and then tow it away to an impound yard. By the time …
Read more “Parking Ticket Seizures: What Lienholders Need to Know”
A vehicle abandonment trap is a technique used by local government agencies to convince a lienholder/lessor to give up its rights to a vehicle. The most common trap occurs when the government agency sends a letter which states that, unless the vehicle is claimed within a certain number of days (ten days is typical), the …
Tow yards can assert a storage fee lien only where the towing is requested by the vehicle owner or police. No lien is allowed where the towing is requested by a private lot, store, or apartment complex. Nevertheless, tow yards often claim a lien anyway hoping that lienholder/lessors are fooled into paying their charges. In …
Read more “No Tow Yard Storage Fee Lien For A Private Lot Tow”