2010 Tennessee Code
Title 55 - Motor and Other Vehicles
Chapter 16 - Unclaimed or Abandoned Vehicles
55-16-106 - Auction of abandoned, immobile or unattended motor vehicles.

55-16-106. Auction of abandoned, immobile or unattended motor vehicles.

(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.

(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.

[Acts 1967, ch. 250, § 4; T.C.A., § 59-1606; Acts 1989, ch. 182, § 1; 1996, ch. 868, § 4; 2009, ch. 530, § 129.]