RE: Auction unit that has outside Liens on items

GM_SJ_BSS

So there is a unit going to auction at a nearby facility that reached out to us for assistance.  During a UCC search, the tenant came back with two other liens.  Lien letters are going out to them.  The question is, what is the procedure if they provide you a list of items they are looking for and none of the items are visible.  Do you inform the lien holder that the items are not in the unit and just go forward with the sale?  Also the other Lien holder would not get access to the unit to open boxes to search for items,  correct ?  Now what if the items are visible that they hold interest in, when do you give the other lien holder access to the unit to remove the items, before or after the date of sale?  Out of 20 years I only had one tenant come back on a UCC search with outside liens that were in the unit, if was from Harley Davidson and they immediately came down with paperwork and removed the motorcycle.  Thank you in advance for any help.
This is in Connecticut...

MamaDuke7

If the items are visible, they have to pay off our lien before they can take what is theirs.  If they don't pay what's due, they don't get access.

No one gets to search through what isn't visible.

MamaDuke7

Just their stuff.  Unfortunately, then you restart the auction process minus those things when the unit goes unpaid again.

MamaDuke7

GM_SJ_BSS said:

MamaDuke7 -  So if they show up, pay off the Lien and remove the items, are they required to give the facility any paperwork showing they are the ones who removed the items?  

Yes.  You would need paperwork for the file to show why those items are missing.

GM_SJ_BSS

MamaDuke7 -  Thank you so much for your help.  Do they get the whole unit or only the items they are trying to locate?

LADYLIFT1

How much ahead of the auction do you do the UCC search?

GM_SJ_BSS

LadyLift1 - This is for a nearby facility, I believe they are doing the UCC searches at the time the account generates the Lien.  I did notice that the dates the outside Liens were placed on the UCC are from 2021.  MamaDuke7 -  So if they show up, pay off the Lien and remove the items, are they required to give the facility any paperwork showing they are the ones who removed the items?  

GM_SJ_BSS

MamaDuke7 -  thank you so much for help.   You are such a great asset to this forum....

ESS

Out of curiosity: do you notify the tenant that the account is current after the other lien holder pays? Giving them a chance to come clean out their unit while there is a $0 balance?

GM_SJ_BSS

ESS said:

Out of curiosity: do you notify the tenant that the account is current after the other lien holder pays? Giving them a chance to come clean out their unit while there is a $0 balance?

I am very curious of this as well......great question