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CONTRACT REGARDING NON-JUDICIAL SALE PURSUANT TO MARYLAND ANNOTATED CODE COMMERCIAL LAW ARTICLE TITLE 16, SUBTITLE 2, and SECTIONS 16-202 THROUGH 16-207

 

1. That I now claim a lien under 16-202 through 16-207 of the above-mentioned Maryland Statutes, and that said lien was created in my favor to recover fees which are due and unpaid for labor, materials, supplies, services, and/or storage for the above listed vehicle, vessel or aircraft, and

   •  That more than 31 days had elapsed from the time such charges or fees became due and owing (more than 90 days for trailers); and

   •  That a bill has been sent to the owner or other individual responsible for payment at least one month prior to executing this agreement.

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   2. That said lien may be enforced by sale of vehicle, vessel, or aircraft at public auction for cash, without judicial proceeding as                 authorized by Maryland state law.

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   3. The service provided by NATIONWIDE LIEN & RECOVERY INC in executing Lienor’s mechanic lien is for the purpose of                       collecting a debt:

 

•  If the lienor is contacted by the customer, owner or lender (bank) lienor will contact NLR immediately.

• Lienor and NLR agree that NLR assumes no personal liability in regard to the underlying transaction between lienor and customer, owner and or lender (bank) or liability arising from any aspect of the mechanic’s lien process and lienor agrees to indemnify and hold NLR harmless from any such liability. Lienor also agrees to be responsible for the payment of any attorney’s fees and court costs incurred by NLR expended in the defense of any action filed against NLR arising out of the mechanic’s lien placed by the lienor.

• That if prior to the sale, the owner has filed with the Clerk of Court a cash or surety bond, payable to the lienor for the final bill or brought action at law in the appropriate court with respect to said vehicle, vessel, aircraft or a notice of bankruptcy filing is received, then lienor shall immediately notify NLR who shall stop the mechanic’s lien process at that time. Lienor is still responsible to pay all fees and costs of NLR as agreed below. If lienor subsequently is legally in possession of the vehicle, vessel, aircraft and desires to reinstitute the execution of a mechanic’s lien on the property lienor is responsible to pay all fees and costs of NLR, and the transaction shall be considered a new contract between lienor and NLR. 

• Lienor shall not accept payment from any third party. All tenders of payment shall be referred to NLR for collection.

• If said vehicle, vessel, aircraft is taken without permission from the lienor’s custody. Lienor remains responsible for the payment of the mechanic lien fee.

•  If a court action is instituted on behalf of the customer, owner or lender (bank) and said court action results in the recovery or a reduction in the amount owed to the lienor, lienor is still responsible for the payment of mechanic lien fee.

• The mechanic lien fee is due upon execution of this contract, unless otherwise agreed, all other fees necessary to secure title in the lienor are due and payable immediately after the auction sale date.

• If lienor tenders payment to NLR with a check and the check is not honored by the bank of issue for any reason, lienor shall pay a collection fee of thirty-five dollars ($35.00) to NLR in addition to any other penalties allowable by law for the collection of a dishonored check. If lienor fails to pay the fee and costs of NLR then any collection costs, legal or attorney fees incurred by NLR, expended in pursuit of the collection of NLR fee shall be paid by said lienor, the minimum amount assessed for the aforesaid collection efforts shall be Three Hundred Fifty Dollars ($295.00) plus a 20% late charge of the unpaid amount per month.

• If property is found to be stolen, the lien will not be executed and lienor will be refunded funds advanced less One Hundred Fifty Dollars ($150.00) unless an out-of-state search was performed, in which case NLR will retain One Hundred Seven Five Dollars ($175.00).

• At the conclusion of the non-judicial sale, if said vehicle, vessel or aircraft is not sold to a third party, lienor is required to pay the mechanic lien fee plus the costs of title fees, applicable taxes and any other costs necessary for NLR to obtain clear title to said vehicle, vessel, aircraft in the name of said lienor or purchaser.

•  If above vehicle/vessel or aircraft has a non-rebuildable title or registration NLR will not be able to obtain a new title or registration for said vehicle, vessel, trailer or aircraft and lienor or purchaser will be purchasing the property as is, without the issuance of a new title or registration. Lienor is still responsible to pay all of NLR mechanic lien fee except those necessary to obtain title or registration.

•  If an auction sale is necessary, this agreement shall represent lienor’s bid to purchase the vehicle, vessel, aircraft in the amount required to satisfy customer or owner debt to lienor in addition to the amount required to cover the processing fee and costs of NLR. If lienor desires, lienor may submit a written bid in any amount higher than their minimum required bid.

• If the property that is the subject of the lien is sold to a third party; the lienor shall release the property to the purchaser upon receipt of the balance due to the lienor from NLR.

• If lienor rejects the sale of the vehicle at public auction, the lien will be immediately canceled. We will not seek title for lienor, nor will we provide a refund. 

• Lienor attests that possession of the property subject to the lien was not the result of purchase of the property by the lienor or possession of a non-rebuildable title and that lienor is not using the mechanic’s lien process to obtain good title to the property which otherwise could not be legally obtained.

• Authorize NLR to use your electronic signature for all MVA documents only as needed.

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AFFIDAVIT REGARDING NON-JUDICIAL SALE

PURSUANT TO MARYLAND ANNOTATED CODE COMMERCIAL LAW ARTICLE, TITLE 16, SUBTITLE 2, SECTION 16-202 THROUGH 16-207

 

1. The lienor being fully sworn deposes and says: that this affidavit is submitted in support of my claim of a lien under 16-202 through 16-207 of the Maryland state statutes. That said lien was created in my favor to recover fees which were due and unpaid for labor, material, supplies, services storage and/or for a vehicle/vessel.

2. I state the vehicle/vessel I have filed the lien against is in my possession, was brought in by a customer for repairs, etc. I did not buy this vehicle/vessel at an auction or have any ownership rights in this vehicle. My only interest in this vehicle/vessel is my unpaid repair bill. No one from Nationwide Lien & Recovery, Inc. has advised you to do anything illegal in this matter. I have a work or repair order authorized by signature or phone call to perform the work listed. That all statements are true in regards to this vehicle/vessel.

3. This information provided by you who certifies the accuracy of such information and agrees to indemnify Nationwide Lien & Recovery, Inc., Louis J. Mazzuchelli and its representatives personally for any actions brought about during the course of which such information is found to be inaccurate. This includes negligent and intentional misrepresentations, mistakes, scrivener errors and the like.

4. We hereby certify that we have no knowledge of the owner/customer being in the military service of the United States government or its Allies. We further state that we have provided all information to Nationwide Lien & Recovery, Inc. that may be relevant to those issues.

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Copyright 2023 NLR, Inc.

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