10th March 2010, 05:16 PM #1
Lien-Sale Notification: Debate About Online
Wisconsin and other states are working to push through legislation that would change the notification procedures for lien sales, potentially removing the print newspaper requirement and allowing operators to publicize sales online. (See "Bill Improving Self-Storage Lien Law Makes Progress in Wisconsin.") An editorial published today in the The Oshkosh Northwestern expressed an opposing view, saying legislation that omits the physical posting of public notices neglects the goverment's responsibility to provide information about its doings.
What do you think? Is it irresponsible to publish lien-sale notifications online? We know this method is more convenient and less expensive for storage operators, but is it conscientious? Interested in your take!Teri L. Lanza
10th March 2010, 05:47 PM #2
I love the idea of posting online but I do feel a certain responsibility to try "one more time" to give the tenant a chance. Sending them a Published Public Notice is very effective (sometimes). But my average cost is $70 for the ad and then another $6 to certify...so yes, it would be less costly.Stephanie Tharpe
Senior VP of Operations
A+ Storage of Tennessee, LLC
11th March 2010, 10:27 AM #3Senior Member
- Join Date
- Feb 2008
- Cashiers, NC
If I were in a more populated area, I would have to consider adding the online notification to the normal methods we all use. I actually have tenants that don't have computers to receive notifications on.Bob Taylor (Astro)
Blue Ridge Self Storage
Disclaimer: What Gina said....'cause the the cheese fell of my cracker.
11th March 2010, 10:56 AM #4
Unfortunately I have to agree with Astro - We have so many people that not only don't have a computer, they have no idea how to use one! But I also have to ask, besides the auction buyers, who really reads the legal section of the paper? I know our tenants don't - they only know about it from our letters and phone calls!
Would I love to get rid of the $350+ bill every time I have an auction - you bet!
If they ever changed the bill would I stop posting in the paper - In a heart beat (at the urging of the owners to save money).
Just a side note -- the CSSA was trying to get the laws changed here in CA but the newspaper lobbyist and unions were fighting HARD against the CSSA so they dropped that part of the bill - for now.Wayne
All arguments can be resolved ... with high explosives and Humor!!!
16th March 2010, 04:38 PM #5Senior Member
- Join Date
- Feb 2009
I agree with Astro and Autodoc: some of my tenants do not have computers and they also do not know how to get to the library.
Has anybody tried my idea of seeking a trade with the local newspaper? I give our local paper two 8x10s, and I get a weekly display ad and all the legals I want.
And yes, folks DO read legals. I recently posted a thread about a young woman seeing her name in the paper (legals) and she was so embarassed, she came right in to pay.
16th March 2010, 05:00 PM #6Senior Member
Mel Holsinger, President
- Join Date
- Jan 2008
- Tucson, Arizona
Professional Self Storage Management, LLC
3434 E. Kleindale Ste. E
Tucson, AZ 85716
19th March 2010, 12:47 AM #7Senior Member
- Join Date
- Dec 2009
Debate about online lien sale notification
While online posting of auctions/sales is less expensive for self storage owners and operators, we must remain mindful of the real legislative intent of public notification requirements. I agree that online posting is a great way to save money and would argue that online posting is actually a better medium to reach POTENTIAL AUCTION BUYERS. But there are many other legal reasons for public notification via newspapers. For example, perfected security interest lienholders are more likely to find their debtors names in a newspaper ad rather than an online auction advertisement. If a party has stored their property with another but may not necessarily be listed on the rental agreeement as a joint tenant, etc., then the legal ad placed in a newspaper will be more likely seen by such a party. As stated in many of the previous replys, many, consumers do not always have access to the internet, especially customers who have fallen on hard times. The legal theory behind public notification is that it serves as a notification function to any/all parties that may have a direct interest in the object of the notice or in the case of auction ads, members of the public that may know the individuals being notified. I think that published newspaper ads notify the public that we not only comply with our states statutes by announcing our sales, their methods, the indivuduals conducting them, etc., but serve a notice to all parties that may have an interest in the matter. Online publications serve as a GREAT way of increasing auction attendance and therefore fulfill our charge to conduct "commercially reasonable sales."
25th March 2010, 09:36 PM #8Junior Member
- Join Date
- Dec 2009
Tom has hit on many good reasons to post in the local paper. Lien holdrs is probably the most important. I would not give it up. Besides I am sure the auction sale also benefits. Some of the Storage operators I work for have started to publish in "alternative papers" to save a few $$. The result has been a few new buyers and no loss in regular buyers.
Also I always make sure to publish on-line at www.auctionzip.com which is where I get most of my new bidders. Plus the auctioneer can send out a new letter from AuctionZip. Ask your auctioneer to do it.