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05/05/2017

Delinquents

Whitman Ventures II, LLC d/b/a Whiteville Mini Storage - Gary Whitman

Delinquents- I understand that I don't have to actually hold an auction to dispose of delinquent units. I know that I should send a letter, same as I do for the auctions, advising of the intent to dispose of the property for non payment. My question is, can I sell the unit to a frequent auction buyer or am I only allowed to dispose of by donating or trashing the contents? And do I still have to wait the 20 days to dispose of the property, after waiting the 10 days for the customer to response to the letter? Any help today would be greatly appreciated! Thank you

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3 Comments

Kevin Leebrick on Friday 05/05/2017 at 12:43PM wrote:

I believe the law states they you may dispose of the property in any way you deem appropriate be it auction or otherwise. That being said if you choose to sell the the items outside of the auction process I think, and I'm not 100% sure, you give up your right to send the balance to collections. Hopefully someone else will have a more precise answer.

Gary Whitman on Monday 05/08/2017 at 01:30PM wrote:

Would you think I have to wait the 20 days after the initial 10 days to dispose of the property or do you know if I can pick a date, like 05/31 to pay or lose contents?

Kevin Leebrick on Monday 05/08/2017 at 03:05PM wrote:

The way we have always read it, is that at a minimum of 20 days after the Lien Letter has been sent(we wait 21 days), you are free to sell of get rid of the belongs. So a minimum of 20 days before 5/31, in your example, the Lien Letter needs to be sent. You can then dispose of property. We've always done that the 10 days runs congruent to the 20 days

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