Abandoned Property: Foreclosure

samedi 28 février 2015

My question involves personal property located in the State of: Colorado. I am very sorry about the length, I just wanted to be specific.



My boyfriend's property was foreclosed on and he was notified that he would need to get the vehicles on the property removed within a reasonable amount of time or they would be removed. One of the vehicles was registered to me. We went to the property to remove the vehicles two days after the eviction had taken place and had missed the "towing company" by just a few hours. Instead of storing the vehicles and allowing me to pick up the vehicle and pay any storage fees, they took the vehicle to a scrap yard and sold it under a false bill of sale. I have already filed to sue the two businesses involved (the company that towed the vehicles and the company that took the vehicles under the false bill of sale), but I want to have the specific laws noted when I walk in to mediation.



Just to clarify the timeline...this happened in 2013. The eviction/foreclosure took place on 02/07/2013 (Thursday), the vehicles were taken on 02/09/2013 (Saturday) to the scrap yard and scraped on 02/11/2013. One of the employee we talked to said it was one of the last vehicles of the night/week and that it was one of the first scraped Monday morning.



I have already contacted the DMV and was told that vehicles are supposed to be handled differently in the case of an eviction/foreclosure. Whereas property like books inside of a house or clothing, etc. can be removed and thrown away, a vehicle can not. I was told by the DMV that the vehicles could be towed but that I had the right to recover and they laid out the specific timeline regarding the law (how long they could be stored, etc.). In addition, the company who towed the vehicles away was not an actual towing company; in fact, they were not even a recognized business at the time the event took place because they had not paid their renewal fees for that year. The DMV did specify that the company had to be a reputable towing company in order to have towed the vehicles. I called other towing companies in town who also confirmed that all of the above. Ignoring the fact that they weren't a towing company, I know that an actual towing company could have taken the vehicles to be stored at the scrap yard for a designated amount of time and that if I did not claim the vehicles within that time, the company that brought them there could then sell them for scraps. I am just really having a hard time finding the specific laws. I am having problems getting Lexis Nexis to work at all on the library computer or I would look there myself.



Thank you for any and all help!





Abandoned Property: Foreclosure

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