(a) If an abandoned, immobile, or unattended motor vehicle has not been reclaimed as provided for in § 55-16-105, the police department shall sell the abandoned, immobile, or unattended motor vehicle at a public auction.
Terms Used In Tennessee Code 55-16-106
Owner: means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof, with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter and chapter 10, parts 1-5 of this title. See Tennessee Code 55-8-101
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101
(b) The purchaser of the motor vehicle shall take title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt from the police department, and, upon presentation of the sales receipt, the department of revenue shall issue a certificate of title to the purchaser.(c) The sales receipt only shall be sufficient title for purposes of transferring the vehicle to a demolisher for demolition, wrecking or dismantling, and, in this case, no further titling of the vehicle shall be necessary.(d) The proceeds of the sale of an abandoned, immobile, or unattended motor vehicle shall be used for payment of the expenses of the auction, the costs of towing, preserving and storing the abandoned, immobile, or unattended motor vehicle, and all notice and publication costs incurred pursuant to § 55-16-105.(e)(1) Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for forty-five (45) days, and then shall be deposited in a special fund that shall remain available for the payment of auction, towing, preserving, storage and all notice and publication costs that result from placing other abandoned, immobile, or unattended vehicles in custody, whenever the proceeds from a sale of other abandoned, immobile, or unattended motor vehicles are insufficient to meet these expenses and costs.(2) Whenever the chief fiscal officer of the state, county, city or town, as the case may be, finds that moneys in the special fund are in excess of reserves likely to be needed for the purposes thereof, the chief fiscal officer may transfer the excess to the general fund, but in this event, claims against the special fund, if the special fund is temporarily exhausted, shall be met from the general fund to the limit of any transfers previously made thereto pursuant to this section.
