How To Claim an Abandoned Vehicle in Maryland
Claiming an abandoned vehicle in Maryland is a formal legal process governed by Title 25, Subtitle 2 of the Maryland Transportation Code. The process is administered by police departments, which hold authority to take custody of abandoned vehicles, provide proper notice to registered owners and secured parties, and conduct public auctions to dispose of unclaimed vehicles. Strict adherence to statutory notice, waiting period, and publication requirements is mandatory to ensure a valid transfer of ownership free and clear of all liens and claims.
What Qualifies as an Abandoned Vehicle in Maryland
Maryland law defines an abandoned vehicle as any motor vehicle, trailer, or semitrailer meeting any of the following criteria:
- Inoperable and left unattended on public property for more than 48 hours
- Remained illegally on public property for more than 48 hours
- Remained on private property for more than 48 hours without the consent of the owner or person in control of the property
- Remained in a garage for more than 10 days after the garage keeper had given the vehicle owner notice by certified mail, return receipt requested, to remove the vehicle
- Remained in a garage for more than 10 days after the contractual period for storage had expired
- Left in a garage for more than 10 days by someone other than the registered owner or by a person authorized to have possession under a contract of use, service, storage, or repair
- Remained on public property for more than 48 hours while not displaying currently valid registration plates or displaying plates belonging to another vehicle
- Left unattended on any portion of a controlled access highway for more than 24 hours
- Left unattended on any portion of a primary, secondary, or controlled access highway in violation of applicable parking statutes
- Not reclaimed as specified under Maryland vehicle impoundment procedures
Vehicles left for repair at garage facilities or stored at commercial establishments become abandoned under specific conditions outlined in state law. In all cases, police departments have the authority to take custody of abandoned vehicles within their jurisdiction and to initiate the statutory claims process.
Process To Claim an Abandoned Vehicle in Maryland
Understanding the Abandoned Vehicle Process
Maryland's abandoned vehicle system is administered exclusively by police departments, which include the Department of State Police, municipal police departments, county sheriff's offices, and designated law enforcement agencies. Private individuals, towing companies, and repair shops do not independently claim abandoned vehicles through a direct sale process. Instead, when a vehicle meets the statutory abandonment criteria and has been taken into police custody, the police department must initiate the notice and auction procedures prescribed by law. The police department takes possession, notifies all interested parties, waits for the statutory redemption period to expire, and then conducts a public auction. The buyer at auction receives a sales receipt and takes ownership free and clear of all liens and claims of ownership.
Report the Abandoned Vehicle to Police
Any person, property owner, or garage keeper who encounters a vehicle meeting abandonment criteria should report it to the appropriate police department. The police department for the jurisdiction where the vehicle is located bears responsibility for taking the vehicle into custody. Reporting may be done through local police non-emergency lines or online reporting systems available in each jurisdiction. Once a police department takes custody of an abandoned vehicle, the statutory process begins.
Police Custody and Initial Notice
Within 7 days of taking custody of an abandoned vehicle, the police department must send a notice by certified mail, return receipt requested, to the last known registered owner and each secured party as shown on records of the Maryland Motor Vehicle Administration (MVA). The notice must describe the vehicle by year, make, model, and vehicle identification number; state the location where the vehicle is held; and inform the owner and secured parties of their right to reclaim the vehicle within a statutory period. In most jurisdictions, the redemption period is 3 weeks from the date the notice is sent. In Baltimore City and Montgomery County, the redemption period is 11 working days after receipt of the notice. The notice must also state that failure to reclaim the vehicle constitutes a waiver of all ownership rights, consent to public auction, and consent by non-lessor owners to retention of the vehicle for public purposes by police.
Notice Method and Electronic Notification Options
The police department may notify the registered owner electronically through the MVA using the owner's email address on file. If the owner does not respond within 7 days of electronic notice, the police department must send notice by certified mail, return receipt requested, and first-class mail. Secured parties may be notified electronically if both the police department and the secured party have agreed to electronic notification in writing or by electronic communication. All notices must include information regarding towing, preservation, and storage charges that the owner must pay to redeem the vehicle.
Publication Notice (If Direct Notice Fails)
If the police department cannot determine the identity of the last registered owner with reasonable certainty, the registration provides no address, it is impossible to determine the identity and address of each secured party, or certified mail notice is returned as undeliverable, the police department shall post a notice in the circuit court of the county where the vehicle was found. The notice must be posted within 15 days of taking the vehicle into custody or within 7 days of receiving returned undeliverable mail. The published notice must include the required information for owner notification and may include multiple vehicle listings.
Expiration of Redemption Period
Once the statutory redemption period expires without the owner or secured party reclaiming the vehicle and paying all towing, preservation, and storage charges, the owner is deemed to have waived all rights, title, and interest in the vehicle and to have consented to public auction.
Sale of Vehicle at Public Auction
If the abandoned vehicle is not reclaimed, the police department must sell it at public auction, as required by law. The police department handles all logistical and administrative aspects of the auction, including advertising, conducting bidding, and issuing sale documentation. The auction is open to the public. The vehicle is sold to the highest bidder.
Sales Receipt and Title Transfer Documentation
The buyer receives a sales receipt on an approved MVA form. This receipt is the essential document for title transfer. The buyer may use the sales receipt to obtain a certificate of title from the MVA under Maryland Transportation Code § 13-507. For vehicles intended for dismantling or scrapping, the sales receipt alone is sufficient documentation; the buyer may transfer the vehicle to an automotive dismantler, recycler, or scrap processor for destruction without obtaining a certificate of title.
Apply For Certificate of Title
The buyer must apply for a Certificate of Title (Form VR-005) or complete an online title application. The application must include the sales receipt from the police auction, proof of any required inspection (such as a safety or emissions inspection), evidence of liability insurance, and the appropriate title fee. Applications may be submitted in person at an MVA office, by mail, or through online services available on the MVA website. The MVA will issue a certificate of title in the buyer's name, free and clear of all prior liens and claims.
Special Considerations for Salvage Vehicles
If the vehicle has a salvage brand on its prior certificate of title, the buyer must apply for a salvage certificate or rebuilt title as applicable. Salvage or rebuilt vehicles may require additional inspections or specific documentation. The buyer should consult the MVA for guidance on titling requirements based on the vehicle's condition and history.
Cost Reimbursement and Proceeds Distribution
From the proceeds of the public auction sale, the police department first reimburses itself for all costs of towing, preserving, and storing the vehicle, as well as all expenses of conducting the auction, including notice and publication costs. Any remaining proceeds are held for 90 days for the original vehicle owner and any entitled secured party to claim. After 90 days, any unclaimed proceeds revert to the treasury of the county where the sale occurred, or in the case of a municipality, the treasury of the municipality. Secured parties may file claims for any portions of the sale proceeds attributable to their secured interest.
Garage Keeper Procedures
If an abandoned vehicle is left in a garage, the garage keeper (repair shop, storage facility, or parking establishment) must report the vehicle to the appropriate police department within 10 days of the date the vehicle becomes abandoned. Garage keepers who fail to report within 10 days forfeit all claims for servicing, storage, or repair charges against the vehicle. Once reported to the police, the police department takes custody and follows the standard notice and auction procedures. From the auction proceeds, the police department first applies payment to the garage keeper's servicing, storage, and repair charges, and any surplus is distributed according to law.
Maintain Records
The police department and buyer should maintain all documentation related to the abandoned vehicle claim and sale, including the notice sent to the owner and secured parties, proof of certified mail delivery or publication in the circuit court, the sales receipt from the auction, and all title documents issued by the MVA.
Maryland Storage Fees and Financial Considerations
Towing and Storage Charges
The owner is responsible for reasonable towing, preservation, and storage charges incurred from the time police take custody of the abandoned vehicle. These charges must be paid if the owner wishes to redeem the vehicle during the statutory waiting period. If the vehicle is sold at auction, these charges are deducted from the sale proceeds.
Storage Cost Limitations in Baltimore City and Prince George's County
In Baltimore City, Prince George's County, Montgomery County, and municipalities within those counties, special limitations apply to the costs chargeable to an owner for preservation and storage of a vehicle. For purposes of calculating the police department's cost recovery under these jurisdictions, the costs chargeable for preservation and storage may not exceed $300. This limitation protects owners from accumulating excessive storage fees while the vehicle is in police custody pending auction.
Liability for Deficiency
If the proceeds from the public auction sale do not cover the police department's towing, preservation, storage, and auction expenses, the last registered owner may remain liable to the police department for the deficiency. However, this liability does not apply to registered owners who made a bona fide sale or gift of the vehicle prior to it being towed or impounded, provided the owner can demonstrate the sale or gift occurred before custody was taken. Additionally, liability does not apply if the police department failed to provide the required notice.
Transferee Liability
If a registered owner transfers the vehicle to another person after it has been towed or impounded but before its sale at auction, and the transferee receives a copy of the police notice, the transferee becomes liable for the police department's costs. This rule encourages proper notification during vehicle transfers.
Proceeds Held for Owner Claims
After deducting costs, any remaining sale proceeds are held by the police department or municipality for 90 days for the original vehicle owner and entitled secured parties to claim. After 90 days, unclaimed proceeds are deposited into the appropriate governmental treasury. Owners and secured parties must file claims within the 90-day period.
Contact Information
Maryland Motor Vehicle Administration
6601 Ritchie Highway N.E., Glen Burnie, MD 21062
Phone: (410) 768-7000
Official Website: mva.maryland.gov
