lienholders in order of precedence, with any surplus returned to the vehicle owner. 8. Bill of Sale Issued: At the conclusion of the sheriff’s sale, the sheriff issues a bill of sale to the buyer. This serves as legal proof of ownership for title transfer purposes. IMPORTANT ITEMS TO REMEMBER • If you voluntarily return the vehicle to the owner before full payment, you forfeit your lien rights. • If there is an existing lien (e.g., from a bank or financing company), it may take priority over your lien depending on filing and possession status. Under Montana law, written notice needs to be provided to any secured lienholder or party within 30 days of receiving the vehicle. This notice needs to outline the nature and amount of the services provided, and the notice needs to be personally served or sent via certified mail to the lienholder. Failing to notify the lienholder may result in your lien being subordinate to the lienholder’s interest. • The process is heavily dependent on maintaining possession and following the statutory notice requirements. In the near future, the Smith Law Firm will be conducting a webinar to teach you the steps and procedures for filing an agister’s lien on vehicles abandoned at your dealership. The date, cost and details of the webinar will be forthcoming. The Smith Law Firm provides quality legal services to our client through our stability, professional standards and competent attorneys and staff. They are here to serve Montana’s auto dealers. To learn more, please visit smithlawmt.com or email Craig Charlton at ccharlton@smithlawmt.com or or Jim Sewell at jsewell@smithlawmt.com. 11 MONTANA AUTO DEALER
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