The short version
A lien sale lets a business that lawfully holds someone's property, and is owed money for storing or working on it, sell that property at auction. Each type of lien has its own statute, and the details differ: how long you wait, how you notify the owner, where you advertise, and what happens to any extra money.
Marina and boat storage liens
A marina, boat dock, dry dock or dry storage facility in Tennessee has a lien on a vessel or personal watercraft it lawfully holds, for its reasonable charges. It can enforce that lien once the charges are three months or more past the due date in the contract.[1] The statute sets no minimum dollar amount.
- Search the records: a UCC search for a personal watercraft, or a U.S. Coast Guard search for a vessel.
- Send notice by certified mail, return receipt requested, to every known owner and interested party.
- Advertise in a newspaper where the sale will be held, at least once a week for two or more consecutive weeks.
Doing all three creates a presumption, which can be rebutted, that notice was proper.[1]
The sale itself follows Tennessee's general artisan lien procedure, covered next.[1] Tennessee also has a separate court-based route for boat liens, and floating cabins have their own lien statute, so ask your attorney which applies before you start.
The artisan lien procedure: notice, ad, auction
Several Tennessee liens, including marina liens and garagekeeper liens, are enforced through the same artisan lien steps:
Repair shop, garagekeeper and towing liens
Tennessee gives a lien for repairs and parts on any conveyance that travels by land, by water or through the air, which covers cars, trucks, boats and aircraft.[6] Garagekeepers and towing companies also have a lien for their charges, which can be enforced after 30 days using the artisan lien procedure above. Notices and advertisements must include the vehicle identification number.[7]
Self-storage liens
Tennessee's Self-Service Storage Facility Act gives the facility a lien on what is stored in a unit. The rules for selling are friendlier to online auctions than most liens:[9]
- Default. The enforcement process applies once the tenant has been in default for 15 continuous days.
- Notice. Delivered by hand, by verified mail or by email. It must itemize the claim, give at least 30 days to pay, and state that the sale will be no sooner than 60 days after the default.
- The sale. Held at the facility, online, or at the nearest suitable place. Advertising must be commercially reasonable, which the law treats as met if at least three independent bidders take part. A newspaper ad is optional.
- After the sale. A good-faith buyer takes the property free of the tenant's rights. Surplus is held for the tenant, and after one year goes to the State Treasurer as unclaimed property.
Towed and abandoned vehicles under the MOTION Act
When police or a garagekeeper take custody of an abandoned or unclaimed vehicle, the MOTION Act sets tight deadlines to verify ownership and send notice, measured in business days.[11] Owners and lienholders then have 20 days from receiving notice to reclaim the vehicle or contest the tow.[11]
Unclaimed vehicles are sold at public auction. The buyer takes the vehicle free and clear of other claims and gets a title from the Department of Revenue based on the sales receipt. Any surplus is held for 60 days for the owner or lienholder.[12]
Title after the sale
A lien-sale buyer pays more when they know they can register what they bought. For vehicles, the buyer takes the lien-sale paperwork to the county clerk, including the Department of Revenue's certification of sale form and the notices, advertisement and itemized charges behind the lien.[8] Vehicles sold under the abandoned vehicle law are titled based on the sales receipt.[12]
Boats are not titled in Tennessee. They are registered through the Tennessee Wildlife Resources Agency, and a buyer registers through the county clerk with a bill of sale showing the hull identification number.[14] Keep a complete file of your lien notices so the buyer can show where the boat came from.
If your property is the one being sold
If you received a lien notice, you still have options. Under the artisan lien procedure, anyone with an interest can redeem the property before the sale by paying the lien and expenses, and any surplus after the sale belongs to the person entitled to it.[5] Read the notice for the deadline, and talk to an attorney quickly if you dispute the charges.
Why sell a lien asset through a licensed auction firm
A lien sale only has to recover what you are owed, but a sale that draws real competition protects you. It answers the question of whether the price was reasonable, it maximizes any surplus owed back to the owner, and a licensed firm knows the title and paperwork buyers will ask for. FALCO routes boats, vehicles, equipment and unit contents to the licensed Tennessee auction firm whose buyers fit them.
Questions
Common questions
How long does a Tennessee marina have to wait before selling a boat for unpaid storage?
Under Tennessee's marina lien statute, a marina, dock or dry storage facility can enforce its lien once its charges are three months or more past the due date in the contract. The sale then follows Tennessee's artisan lien procedure, with written notice to the owner and newspaper advertising.
What notice does a Tennessee marina lien sale require?
The statute describes three steps that together create a presumption that notice was proper: a records search (a UCC search for a personal watercraft or a U.S. Coast Guard search for a documented vessel), notice by certified mail, return receipt requested, to all known owners and interested parties, and a newspaper advertisement at least once a week for two or more consecutive weeks in the area where the sale will be held.
Do self-storage auctions in Tennessee have to be advertised in the newspaper?
No. Tennessee's self-storage law requires the sale to be advertised in a commercially reasonable manner, which is deemed met if at least three independent bidders take part. A newspaper ad once before the sale is allowed but not required, and the sale may be held online.
How much time does an owner get to reclaim a towed or abandoned vehicle in Tennessee?
Under the MOTION Act of 2025, owners and lienholders have 20 days from receiving notice to reclaim the vehicle or contest the tow. Unclaimed vehicles are then sold at public auction.
How does someone who buys at a lien sale get a title?
For vehicles, the buyer applies to the county clerk with the lien-sale paperwork, including the Department of Revenue's certification of sale form and the supporting notices and records. For vehicles sold under the abandoned vehicle law, the Department of Revenue issues title based on the sales receipt. Boats are registered, not titled, in Tennessee, through TWRA and the county clerk.
What does it cost a marina, storage facility or shop to use FALCO?
No cost to you. The buyer pays a 10% premium on top of the winning bid, and FALCO is paid from that premium. The licensed auction firm runs the sale. Your lien notices and paperwork stay your responsibility, and your attorney should confirm them.
Sources
- [1]Tenn. Code Ann. § 66-19-212 (marina and boat storage liens)
- [2]Tenn. Code Ann. § 66-14-102 (artisan lien: notice to owner)
- [3]Tenn. Code Ann. § 66-14-103 (contents of the notice)
- [4]Tenn. Code Ann. § 66-14-104 (sale by auction; advertisement)
- [5]Tenn. Code Ann. § 66-14-106 (surplus after sale)
- [6]Tenn. Code Ann. § 66-19-101 (lien for repairs on vehicles, vessels and aircraft)
- [7]Tenn. Code Ann. § 66-19-103 (garagekeeper and towing liens)
- [8]Tennessee Department of Revenue, LIEN-12: How to Apply for a Garagekeeper's or Mechanic's Lien
- [9]Tenn. Code Ann. § 66-31-105 (self-service storage: enforcement of the lien)
- [10]Tenn. Code Ann. Title 55, Chapter 31 (MOTION Act of 2025; unclaimed and abandoned vehicles)
- [11]Tenn. Code Ann. § 55-31-301 (vehicles taken into custody; notice to owners and lienholders)
- [12]Tenn. Code Ann. § 55-31-303 (public auction; title to buyer; surplus)
- [13]Tennessee Department of Revenue, Abandoned Vehicle Portal for towing companies, law enforcement and authorized users
- [14]Tennessee Wildlife Resources Agency, Boating Registration