Lien Sale Title Transfer in Florida

Two Florida statutes, two sale tracks

Florida does not use one lien sale law for all vehicles. The track depends on why the lienholder has the vehicle.

Section 713.585 covers a lien claimed under section 713.58 for labor or services on a motor vehicle. That is the repair shop track. Section 713.78 covers liens for recovering, towing, or storing vehicles and vessels, where an operator recovers, removes, or stores a vehicle on instructions from the owner, a property owner for a wrongfully parked vehicle, a landlord after tenancy ended, or a law enforcement agency, county, or municipality. That is the tow track. Section 83.806, the self-service storage statute, can feed into the tow track, because after 60 days of unpaid rent for a motor vehicle, the owner may sell under that section or have the vehicle towed, with the wrecker then bound by section 713.78. Identify which statute the sale was conducted under before quoting a deadline, because the repair and tow deadlines differ.

Repair lien sales under section 713.585

The lienor must give notice of the lien by certified mail to the registered owner, the customer on the repair order, and all other persons claiming an interest or lien, as disclosed by Department of Highway Safety and Motor Vehicles records or a National Motor Vehicle Title Information System check. The notice must be sent within 7 business days, excluding Saturday and Sunday, after storage charges begin to accrue, and not less than 30 days before the sale, with the last 8 digits of the vehicle identification number on the envelope.

The contents are prescribed in detail. The notice must include the vehicle description, the parties, the lienor details, the repair shop registration number and business details, the person who authorized the work, and an itemized statement showing the drop-off date, completion date, date the customer was notified of completion, amount due for repairs, administrative fees, and daily storage charges. It must also state the redemption sum, that the vehicle may be sold, the sale date, time, and location if known, the right to a hearing before the circuit court clerk, the right to recover possession by posting bond under section 559.917, the lienholder hearing and bond rights, the inspection right, the vehicle location, and that remaining proceeds will be deposited with the clerk for disposition on court order.

If the owner or lienholder cannot be located after database checks, the lienor must notify local law enforcement in writing within 7 business days after storage charges begin to accrue, stating that a physical search disclosed no ownership information and a good faith effort has been made. The sale cannot take place earlier than 60 days after repair work is completed. If the sale date was not in the first notice, a sale notice must be sent by certified mail at least 15 days before the sale. At least 15 days before the sale, the lienor must publish the notice once in a newspaper in the county where the vehicle is held, and file a certificate of compliance with the circuit court clerk, with a $10 service charge stated in the statute.

Before sale, the owner or interest holder may post bond, demand a hearing, or redeem by paying the amount claimed plus enforcement costs. On a bond posting and payment of the section 28.24 fee, the clerk issues a certificate directing release. The owner, customer, or interest holder may request inspection, which the lienor must allow during regular business hours within 3 business days after a written request. The lienor must release personal property found in but not affixed to the vehicle, and must accept an electronic or paper title copy as evidence of interest.

At sale, the vehicle must be sold at public sale. Immediately on sale and cash payment, the lienor must deposit remaining proceeds with the clerk and file a verified report of sale stating the vehicle description, purchaser, sale date, and price, with the amount retained and whether a hearing was held. Proceeds are held for the owner or lienholder whose lien is discharged, and disbursed only on court order. Unless a claim proceeding starts within 1 year and a day, proceeds are deemed abandoned under section 705.103. The clerk receives 5 percent of proceeds deposited, not to exceed $25. A purchaser for value takes title free and clear, unless otherwise provided by court order. An administrative fee to obtain release may not exceed $250. Notices must go through a department approved third party service, unless none exists.

Towing and storage lien sales under section 713.78

Older model means more than 3 model years old, counting the model year as year one. Newer model means 3 model years old or less. The operator may charge only the fees listed in subsection 2(a), including a reasonable fee authorized by local ordinance or the Division of Florida Highway Patrol, a reasonable fee agreed in writing with the owner, and a lien release administrative fee. The lien arises where the operator recovers, removes, or stores a vehicle on instructions from the owner, a property owner for a wrongfully parked vehicle in compliance with section 715.07, a landlord after tenancy ended in compliance with section 83.806 or 715.104, or a law enforcement agency, county, or municipality. No storage fee may be charged if the vehicle is stored for less than 6 hours. The section does not authorize a lien for boot or immobilization fees.

Notice must be given by certified mail to the registered owner, the insurer, and all lien claimants. The notice of lien must be sent by an approved third party service within 5 business days, excluding Saturday, Sunday, or a federal holiday, after storage. It must state the last 8 digits of the vehicle identification number on the envelope, the lienor details, the fact of possession, who authorized it, that a lien is claimed, an itemized statement, the right to judicial proceedings, that an unclaimed vehicle may be sold free of all prior liens after 35 days if older model or 57 days if newer model, and the vehicle location. It may not be sent less than 30 days before the sale for an older model or 52 days before the sale for a newer model. If the owner cannot be located, the operator must notify the public agency of jurisdiction within 5 business days after the initial tow or storage, after a good faith effort.

The owner, insurer, or lienholder may start judicial proceedings, and may obtain release before sale by posting bond equal to the accrued charges plus accrued storage, with the clerk issuing a certificate directing release. Failure to make good faith notice efforts precludes storage charges, and failure to notify a lienholder limits storage charges against that person to 5 days.

A vehicle may be sold 35 days after storage if older model, or 57 days if newer model, at public sale for cash. If the sale date was not in the notice of lien, sale notice must be sent by certified mail at least 30 days before the sale. Public notice must be published one time, at least 20 days before the sale, on the website maintained by an approved third party service, which must report specified information to the department and may collect no more than $1. Proceeds, after towing and storage charges and sale costs, must be deposited with the circuit court clerk if the owner or lienholder is absent, with the clerk entitled to 5 percent. The certificate of title issued under the section must be discharged of all liens unless otherwise provided by court order. Where a vehicle is sold for dismantling or destruction, the operator must report it to the title information system and apply for a certificate of destruction. The department charges $3 for each certificate, with a $4.25 tax collector service charge, and a destruction certificate is reassignable at most two times.

DHSMV procedure and title application

The department procedure is TL-26, Transfer of Certificate of Title Upon Sale for Towing and Storage Lien or Application for Certificate of Destruction. Search results describe it as establishing requirements for transfer after a notice of lien, a public sale, and a tow company request for a title or destruction certificate, and state that an incomplete application must be rejected and notice or advertisement may need to be resent or readvertised. The full TL-26 text was not opened this run, so its checklist is not quoted. That is an open flag. Obtain the current TL-26 checklist from FLHSMV or a tax collector before filing.

For a repair lien sale, the statute states the title proof. A certified copy of the certificate of compliance and the report of sale, with the notice of lien, notice of sale, and proof of the title information system check, is satisfactory proof for a transfer application, together with any other proof department rules require. The department may not approve an application that omits the notice of lien or notice of sale, and the vehicle identification number on the notice of lien must match the vehicle. The sources read do not name the Florida title application form number for this transfer, and none is given. Confirm the current application and title fee with the tax collector office. No Florida title fee figure is stated in the statutes read, and none is given here.

For the broader process, see the title transfers by state directory and the guide on how long a car title transfer takes. The overview is at lien sale title transfer, and the buyer checks are at buying a vehicle at a lien sale. If the lien was a recorded loan lien that has been paid off, see how to transfer a car title after a lien release.

Source

Facts come from Florida Statutes sections 713.585 and 713.78 on Online Sunshine, leg.state.fl.us, and section 83.806 on fl.elaws.us. The existence and title of FLHSMV procedure TL-26 are taken from search results on flhsmv.gov, and the full text was not opened. Facts verified 2026-10-31. Open flags: the full TL-26 checklist was not opened; the Florida title application form number and title fee are not stated in the statutes read; 2024 and 2025 amendment history was not separately reviewed.

This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to your state motor vehicle agency or court.