My question involves a vehicle currently in a towing company's impound lot in Michigan. Here's a quick rundown on the history of this:
In January 2015 the vehicle was on loan to a friend who was arrested on an OWI charge and was found to have suspected heroin on her person. The police department began forfeiture proceedings on the vehicle. At trial in July 2015, the judge found that I was an innocent owner, however due to a convoluted argument that my friend was a "constructive owner" the judge ruled the vehicle forfeited.
I felt that I had an easily winnable appeal case, however the cost and timeframe for appeal was prohibitive and just didn't seem an option that made more sense than pursuing an attempt to buy back the vehicle at auction. It's a 2000 Mercury which belonged to my grandfather.
The vehicle was auctioned in January of 2016, which I found out after the fact. According to the police department, I did not receive notice because the forfeiture transferred title to the police department. I was told that the vehicle did not sell and would be auctioned again the next time an auction was held. I identified the newspaper where auctions are listed and monitor the newspaper weekly, there has not been another auction yet.
Last Friday I was curious that it's been so long since an auction took place. (Last year, they held an auction in July, their next auction was in December, so I am aware it may be some time before an auction comes up.) Upon checking with the impound yard, they claim according to their computer they no longer have the vehicle. Monday I called the police department, they confirmed they have not had an auction and don't know when they will have it.
Today I went to the lot myself to determine whether they actually had the car or not. The car is physically present in the lot, but the attendant insists according to their computer that it is not there, and they don't have any other information. I was not allowed to inspect the VIN number, but based on certain features and conditions I'm certain it's the vehicle in question.
I need some options as to how I can proceed. I'm assuming the forfeiture is a dead issue, but if I'm wrong I'd appreciate knowing what my options are in that regard. Mostly I'm interested in knowing what can be done to compel the impound lot to acknowledge the car is in their possession and whether I have options to offer to buy it and from whom if the police are not planning an auction any time soon.
In January 2015 the vehicle was on loan to a friend who was arrested on an OWI charge and was found to have suspected heroin on her person. The police department began forfeiture proceedings on the vehicle. At trial in July 2015, the judge found that I was an innocent owner, however due to a convoluted argument that my friend was a "constructive owner" the judge ruled the vehicle forfeited.
I felt that I had an easily winnable appeal case, however the cost and timeframe for appeal was prohibitive and just didn't seem an option that made more sense than pursuing an attempt to buy back the vehicle at auction. It's a 2000 Mercury which belonged to my grandfather.
The vehicle was auctioned in January of 2016, which I found out after the fact. According to the police department, I did not receive notice because the forfeiture transferred title to the police department. I was told that the vehicle did not sell and would be auctioned again the next time an auction was held. I identified the newspaper where auctions are listed and monitor the newspaper weekly, there has not been another auction yet.
Last Friday I was curious that it's been so long since an auction took place. (Last year, they held an auction in July, their next auction was in December, so I am aware it may be some time before an auction comes up.) Upon checking with the impound yard, they claim according to their computer they no longer have the vehicle. Monday I called the police department, they confirmed they have not had an auction and don't know when they will have it.
Today I went to the lot myself to determine whether they actually had the car or not. The car is physically present in the lot, but the attendant insists according to their computer that it is not there, and they don't have any other information. I was not allowed to inspect the VIN number, but based on certain features and conditions I'm certain it's the vehicle in question.
I need some options as to how I can proceed. I'm assuming the forfeiture is a dead issue, but if I'm wrong I'd appreciate knowing what my options are in that regard. Mostly I'm interested in knowing what can be done to compel the impound lot to acknowledge the car is in their possession and whether I have options to offer to buy it and from whom if the police are not planning an auction any time soon.
Transfer of Title: How to Get Title to a Car Left in an Impound Lot After a Police Auction
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