How To Claim an Abandoned Vehicle in Oregon

Claiming an abandoned vehicle in Oregon is a legal process governed by state statute and regulated by the Department of Transportation. The procedure requires adherence to specific notice, appraisal, storage, and title transfer requirements established under the Oregon Revised Statutes Chapter 819 and administered by the Oregon Department of Motor Vehicles. Compliance with these requirements protects the interests of the vehicle towing authority, the person acquiring the vehicle, and any prior owners or lienholders.

What Qualifies as an Abandoned Vehicle in Oregon

Oregon law defines an abandoned vehicle as a vehicle left parked or standing unattended on a public way for a period exceeding 24 hours without authorization by statute or local ordinance, provided that an authority has reason to believe the vehicle is disabled or abandoned. The definition applies to vehicles on public roadways; however, vehicles may also be abandoned on private property under different legal standards.

An abandoned vehicle differs from a vehicle left unlawfully parked in violation of parking regulations. Abandoned vehicles are subject to towing and disposal procedures under ORS Chapter 819.110, which governs public safety and vehicular management on public ways.

Vehicles left on private property are addressed separately. A person who owns or controls private property may have an abandoned vehicle towed from the property only after affixing a notice to the vehicle stating that it will be towed if not removed, allowing the notice to remain affixed for at least 72 hours, and providing the towing company with a signed form confirming compliance with these notice requirements. Disposal of vehicles from private property follows the possessory lien foreclosure procedures set forth in ORS Chapter 87.

Process To Claim an Abandoned Vehicle in Oregon

Understanding the Abandoned Vehicle Process

Oregon does not provide a centralized portal for filing abandoned-vehicle claims or for directly obtaining title through an abandoned-vehicle procedure. Instead, ownership of an abandoned vehicle may be acquired through foreclosure of a possessory lien held by a towing company or recovery authority. A towing company that takes custody of an abandoned vehicle acquires a lien on the vehicle for towing and storage charges. This lien may be foreclosed through public sale under ORS Chapter 87, which is the method by which title to an abandoned vehicle is ultimately transferred to a new owner. Possession of an abandoned vehicle does not automatically transfer ownership; a legal process must be completed to extinguish the rights of the prior owner and any lienholders.

Report the Unclaimed Vehicle

Abandoned vehicles on public ways are typically towed at the direction of a law enforcement agency or governmental authority under ORS Chapter 819. If an abandoned vehicle is located on a public road, the first step is to contact the local law enforcement agency to report it. Law enforcement will determine whether the vehicle meets the statutory definition and will authorize a licensed towing company to remove and impound the vehicle. For vehicles on private property, the property owner or authorized possessor must hire a towing company directly and provide the required notice and authorization form.

Verify Title Records and Owner Information

Upon taking a vehicle into custody, the towing authority or law enforcement agency must obtain vehicle title information from the Department of Motor Vehicles. If the vehicle is registered in Oregon, the authority will request owner and lienholder information from DMV records. If the vehicle is registered in another state, the authority must make a title information request to the motor vehicle agency in that state. This information is essential for providing the required notice to the prior owner and any secured parties.

For private property removals, the towing company will use available vehicle identification information, such as the vehicle identification number (VIN) or license plate, to research the vehicle's title in the state where it is registered.

Send Required Notices

If an abandoned vehicle is appraised at a value exceeding $500 by a person holding a vehicle appraiser certificate, the towing company must send written notice by first-class mail or certified mail to the registered owner and any persons with a recorded interest in the vehicle. For vehicles appraised at $500 or less, notice must be given within 48 hours of their placement in storage. For vehicles appraised at more than $500, the notice must be sent no later than the third business day after the vehicle is placed in storage.

The notice must inform the owner and lienholders of their right to reclaim the vehicle by paying all towing and storage charges accrued to that date, their right to request a hearing to contest the towing or the reasonableness of charges if the vehicle was towed from a public way, and the date by which the vehicle will be sold or disposed of if not reclaimed.

If an owner or lienholder timely claims the vehicle and pays all accrued charges, the vehicle will be released, and no further disposition will occur. If the vehicle is not claimed, the process proceeds to appraisal and eventual sale.

Allow the Statutory Waiting Period

The statutory waiting period depends on the vehicle's appraised value. If the vehicle is appraised at $500 or less, the owner or lienholder has 15 days from the date notice is mailed to claim the vehicle. If the vehicle is not claimed within this period, the towing company may dispose of it to a licensed dismantler, who will destroy or recycle it. Disposal to a dismantler extinguishes all prior ownership and possessory rights.

If the vehicle is appraised at more than $500, the vehicle is not automatically disposed of. Instead, the towing company holds the vehicle subject to foreclosure of its possessory lien. The owner and lienholders have the opportunity to reclaim the vehicle or to contest the towing through a hearing. If the vehicle is not reclaimed and no successful hearing challenge is mounted, the towing company may proceed to a foreclosure sale.

File Notice of Sale, Auction, Or Transfer

Before foreclosing a possessory lien on an abandoned vehicle appraised at more than $500, the towing company must provide notice to the prior owner and lienholders. If the vehicle is titled in Oregon, notice must be given at least 30 days before the foreclosure sale. If the vehicle is titled in another state or is unregistered, similar notice requirements apply based on the procedures for obtaining title information.

The towing company must also file or post a public notice of the foreclosure sale. If the appraised value exceeds $2,500, the notice must be published once a week for 2 consecutive weeks in a newspaper of general circulation in the county where the sale is to occur. Notice must also be posted at the county courthouse. If the appraised value is between $500 and $2,500, posting at the courthouse alone may satisfy the notice requirement, depending on the specific circumstances and local practices.

Publish Auction Notice

For abandoned vehicles appraised at more than $2,500, notice of the foreclosure sale must be published in a newspaper of general circulation in the county where the sale will occur. The notice must appear once a week for 2 successive weeks, with the first publication occurring at least 30 days before the scheduled sale date. The notice must include a description of the vehicle, the name of the owner or reputed owner, the amount due on the lien, the time and place of the sale, and the name of the person foreclosing the lien. Notice must also be posted at or near the front door of the county courthouse in the county where the sale is to occur.

For abandoned vehicles appraised at $2,500 or less, publication may not be required; however, courthouse posting is still necessary.

Conduct the Public Auction Or Other Authorized Sale

The abandoned vehicle must be sold at public auction or through a method authorized by ORS Chapter 87. The sale must occur on the date, time, and location specified in the published or posted notice. The vehicle is offered for sale to the highest bidder. Members of the public, including the towing company or recovery authority, may bid on the vehicle. Sales conducted in accordance with the statutory notice and publication requirements are considered fair and open public sales, and the proceeds are applied to satisfy the lien and any other costs associated with towing and storage.

Complete The Bill Of Sale And Title Documents

At the time of or immediately after the auction sale, the winning bidder must receive documentation of the sale. The towing company may issue a bill of sale that specifies the sale price and the buyer's identity. However, the key document for title transfer in Oregon is the Certificate of Possessory Lien Foreclosure (Form 735-520), which is prepared by the towing company or its representative and submitted to the Department of Motor Vehicles along with the title application.

For vehicles appraised at $500 or less that are disposed of to a dismantler, a DMV Form 271 Abandoned Vehicle Certificate must be completed and submitted to the Department of Motor Vehicles to document the disposal.

Apply For Title

The buyer of an abandoned vehicle at a foreclosure sale must apply for an Oregon certificate of title within 30 days of the auction to avoid late fees. The application must be submitted to the Department of Motor Vehicles through a designated agent or directly to the DMV.

To apply for the title following a possessory lien foreclosure on an abandoned vehicle valued at more than $500, the buyer must submit the following:

• An Application for Title and Registration, Form 735-226, fully completed and signed.
• The Certificate of Possessory Lien Foreclosure, Form 735-520, executed by the towing company.
• Proof of payment of the foreclosure sale price.
• Any title-related fees required by Oregon DMV.

If the vehicle was last titled in another state, additional documentation and fees may apply. Oregon DMV will not accept a title application when the legal process for transferring ownership is based solely on out-of-state abandoned-vehicle or foreclosure laws; the application must demonstrate compliance with Oregon's lien foreclosure procedures.

Bonded Title Or Surety Bond Requirements

Oregon law does not require a bonded or surety title for abandoned vehicles acquired through possessory lien foreclosure conducted in compliance with ORS Chapter 87. Once the foreclosure sale has occurred and the prescribed notice procedures have been followed, the prior owner's title is extinguished, and the buyer receives a clear title. However, if a prior owner or lienholder successfully challenges the foreclosure, a title bond or other remedial document may be necessary to resolve any defects.

Special Rules For Salvage, Rebuilt, Or Inoperable Vehicles

If the abandoned vehicle has a prior title marked with a salvage, rebuilt, totaled, or other damage brand from Oregon or another state, the DMV will issue a title reflecting the same brand status. If the vehicle is branded as salvage and a buyer intends to drive it on public roads, the vehicle must be repaired by a licensed rebuilder and inspected by the Oregon Department of Transportation. After passing inspection, a rebuilt title may be issued in place of the salvage brand. Until this occurs, a vehicle with a salvage brand may not be registered or operated on Oregon highways.

Maintain Records

All towing companies and authorities must maintain records of abandoned vehicle dispositions for audit and verification by the Department of Motor Vehicles. Records must include copies of all notices sent to prior owners and lienholders, evidence of mail delivery or personal notification, appraisal documents, photographs, foreclosure sale notices and publication proofs, the bill of sale or auction receipt, and the DMV title or disposal certificate submitted. Records must be retained and made available for inspection for a period specified in applicable administrative rules or local regulations.

Oregon Storage Fees And Financial Considerations

Storage Fee Rules

Oregon law imposes restrictions on storage fees charged to owners of abandoned vehicles. A towing company may not assess storage charges that accrue after it fails to provide the required notice to the owner and lienholders. For vehicles registered in Oregon, if the towing company fails to deliver notice by mail or actual notice within 3 business days after the vehicle is placed in storage, no storage charges may be assessed for any period after that 3-day window. Additionally, under ORS Chapter 819, an owner or person entitled to possession is not required to pay storage charges that accrue after 20 days from the date the vehicle is placed in custody without written notice. In no case shall storage charges be assessed for a storage period in excess of 60 days from the date of impound, regardless of whether notice has been provided.

Towing And Recovery Charges

Towing companies in Oregon are subject to maximum rates established by the city or county where towing service is requested. Each city and county may establish its own maximum rates for towing and related services, including hookup, storage, gas mileage, photographs, unlocking, and other reasonably related charges. Rates are set under ORS Chapter 98 and take into consideration vehicle size and distance traveled to the storage facility. If a city has established its own rates, those rates apply within city limits and supersede county rates.

For privately towed vehicles, the property owner or the contracted towing company may charge rates up to the maximum allowed by the local jurisdiction. For vehicles towed at the request of law enforcement, the towing company's charges must comply with the maximum rates established under ORS Chapter 98.

Disputes Over Charges

If an owner or lienholder disputes the reasonableness of towing or storage charges assessed against an abandoned vehicle, the dispute may be raised at an administrative hearing if the vehicle was towed from a public way. The hearing must be requested before the vehicle is towed or as soon as practical afterward. At the hearing, the owner or lienholder may challenge both the validity of the towing and the reasonableness of the charges assessed. Each city and county that establishes maximum rates must also establish a complaint process for filing and resolving disputes over rate violations.

Sale Proceeds And Excess Funds

When an abandoned vehicle is sold through foreclosure of a possessory lien, the sale proceeds are applied in the following order: first to pay the costs of towing, storage, appraisal, notice, and sale; second to satisfy any lien held by the towing company or recovery authority; and third to satisfy any other security interests recorded on the vehicle's title. Any excess proceeds remaining after all liens and costs have been paid must be disposed of in accordance with applicable law. Typically, excess proceeds are paid to the prior owner if located, remitted to a county or municipal fund, or held in trust, depending on the specific circumstances and applicable local law.

If an abandoned vehicle appraised at $500 or less is disposed of to a dismantler, no auction occurs, and no sale proceeds are generated. The vehicle is destroyed or recycled, and any ownership interest is extinguished. Towing and storage charges are satisfied by the vehicle's possession and disposal, and the owner receives no proceeds.

Contact Information

Oregon Department of Motor Vehicles
1905 Lana Ave NE, Salem, OR 97314
Phone: (503) 945-5000
Official Website: Oregon Driver & Motor Vehicle Services