Announcement

Collapse
No announcement yet.

Lien Sale Publications and postings. Cheaper alternatives to a newspaper posting?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Lien Sale Publications and postings. Cheaper alternatives to a newspaper posting?

    Hello I am located here in Ohio. All my units are full and i have not had any non-payers since i bought the facility 2 years ago. I have one non-payer. I am going to use him as a learning experience and take him to auction. I plan on using an online storage auction site that was advertising at the Ohio show last year. I know everything leading up to the auction does not change. Postings notices being sent out certified mail. Where i need help is if anyone knows any cheaper alternatives to a newspaper posting that still satisfies the legal obligation of advertising and posting the auction. My states code reads : "Sale shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county in which the self-storage facility is located OR any other commercially reasonable manner. The manner of advertisement shall be deemed commercially reasonable if at least three independent bidders attend the sale at the time and place advertised"

    where i get caught up is after the OR any other commercially reasonable manner. I would have thought that someone by now has figured out another cheaper alternative to paying the newspapers and still meet the commercially reasonable requirement. Obviously on the storage site there will be more than 3 different viewers of the auction making whatever i do commercially reasonable .

    let me know if anyone has tried anything else or has a cheaper alternative that might stand up in court. or has.

    if someone uses the newspaper what part do you publish it in. Under the classified or in the main content of the paper under public announcements. What do you usually pay for a spot once a week for 2 weeks. The state defines what content i have to publish but just wondering where it goes.

    Thanks any help would be appreciated

  • #2
    Besides the newspaper there can also be the county wide publications like a "Thrifty Nickel" that would be acceptable. These typically are ads/classifieds only papers that go state or county wide. I have no idea what they would charge in comparison.

    I wonder if advertising on CL would be acceptable? Are they considered a "commercially reasonable manner"? Since we are now allowed, in most states, to send notices via email, I wonder if the auction notice is included? Need an attorney to answer that.

    I know that in Oregon, if a newspaper is not available we are allowed to use a bulletin board in different locations.
    "Never let the inmates run the asylum!"

    Comment


    • #3
      hmmmm that must be what the OR is for . If the county you are in does not have a newspaper then you can use alternate methods. and still be covered, But if you have a newspaper in your county then you have to do that.? will see what others are up to thanks for your reponse.

      wish we could use craigslist or facebook. Probably more people would see it that the newspaper these days.

      Comment


      • #4
        But if you have a newspaper their ad rates may be more than the "Thrifty Nickel" newspaper that I referred to. Still a newspaper but maybe better rates. Lots of times those types of newspapers still post a story about a business or human interest.
        "Never let the inmates run the asylum!"

        Comment


        • #5
          We were told that the newspaper had to be a paid newspaper, not a green sheet or thrifty nickle. I am not sure if that is correct, that is just what we go by.
          The future depends on what you do in the present.

          Comment


          • #6
            Not to beat a dead horse but "who" said it had to be a paid newspaper? Lawyer? Ok, then stick to that. Otherwise I would get a clarification and also find out if the CL option is ok to use.
            "Never let the inmates run the asylum!"

            Comment


            • #7
              I would suggest it's less risky to use whatever newspaper is considered the local publication of record for legal notices such as those published for public hearings, zoning changes, etc. I would worry that deviating from that could open you up to accusations of an improper auction.

              I post mine on a local facebook page as well to drum up more bidders, but I consider the $30 legal notice to be a cost of business. Plus, I usually get it back from the client in the form of fees anyway... most of my auctions get cancelled when the client pays up.

              Comment


              • #8
                This is what we have to deal with, note the year enacted: ARTICLE 2. Affidavits [2009 - 2015.6]

                ( Article 2 enacted 1872. )

                2010.

                Evidence of the publication of a document or notice required by law, or by an order of a Court or Judge, to be published in a newspaper, may be given by the affidavit of the printer of the newspaper, or his foreman or principal clerk, annexed to a copy of the document or notice, specifying the times when, and the paper in which, the publication was made.
                (Enacted 1872.)

                -----


                A “newspaper of general circulation” is a newspaper that is:

                issued at least once a week (daily newspapers are included in this description);
                • intended for general distribution and circulation; and
                • sold at fixed prices per copy per week, per month or per year, to subscribers and readers without regard to business, trade, profession or class.
                • Basically, any daily or weekly newspaper that is sold to the public in general is a “newspaper of general circulation.”

                A “Newspaper” is defined as:
                a printed paper or publication;
                • bearing a title or name;
                • reporting local or general news;
                • printing editorial comment, announcements, miscellaneous reading matter, commercial advertising, classified advertising, legal advertising, and other notices;
                • must be at least four or more pages long per publication;
                • published continuously during a period of at least six (6) months, or as the successor of such a printed paper or publication issued during an immediate prior period of at least six (6) months;
                • is circulated and distributed from an established place of business to subscribers or readers;
                • is sold for a definite price;
                • either entered or entitled to be entered under the Postal Rules and Regulations as periodical matter (formerly second class mail); and
                • subscribed for by readers at a fixed price for each copy, or at a price fixed per year.
                --
                Ron

                http://advancedministorage.com
                http://zolezzistorage.com


                email ron at advancedministorage.com

                Comment


                • #9
                  It is less expensive to post in your local newspaper for $30. or whatever amount then being taken to court and potentially lose more than that!
                  Don't put off until tomorrow, what you can do today.

                  Comment


                  • #10
                    Originally posted by lady5563 View Post
                    It is less expensive to post in your local newspaper for $30. or whatever amount then being taken to court and potentially lose more than that!
                    I wish it was $30 I cost us $300 for our last auction, however that is still a lot cheaper than a lawsuit. Dreading 2019 when our local paper goes to online only. That does not fit the definition of a newspaper. Looks like we will have to post signs in 6 areas around us.
                    --
                    Ron

                    http://advancedministorage.com
                    http://zolezzistorage.com


                    email ron at advancedministorage.com

                    Comment


                    • #11
                      We don't have to publish auctions any more, thank goodness. But we still post them on the bulletin boards around town. A lot of the locals like to show up at ours. We also have them listed online and our auctioneer puts them on his website also. Maybe your state association can work on getting that statute changed, ours lobbied to get it changed here for a couple years I think before it was changed, but eventually it went through.
                      "I don't understand your specific kind of crazy but I do admire your total commitment to it!"

                      Comment


                      • #12
                        Originally posted by blazer View Post
                        We don't have to publish auctions any more, thank goodness. But we still post them on the bulletin boards around town. A lot of the locals like to show up at ours. We also have them listed online and our auctioneer puts them on his website also. Maybe your state association can work on getting that statute changed, ours lobbied to get it changed here for a couple years I think before it was changed, but eventually it went through.
                        Hope so.
                        They did try a few years ago, however lobbyist from the newspaper industry was able to convince the state representatives that if the requirement to do the legal advertisement in the printed press was removed, facilities will cause mischief.

                        Pay enough and you can make the laws say what you want.

                        Clean-up Floor Amendment Errors in AB 655 (Emmerson) :
                        When AB 655 was initially introduced it sought to substitute the requirement to publish notice of lien sales (by self-service storage facilities) with an obligation to advertise the sale in a commercially reasonable manner. The California Newspaper Publishers Association (CNPA) opposed the change, claiming newspaper advertisements were the best means of informing the entire community of an impending lien sale.

                        The bill was amended on the Senate Floor to reinsert the newspaper publication requirement.

                        That amendment erroneously changed the then existing standard, publish notice within the judicial district of the sale, to require notice be published in the county of the sale.

                        The CNPA is now sponsoring this bill to return the geographic requirements for publishing notices of lien sales to the historic judicial district standard.

                        The CNPA notes, "notices are only effective if they reach the intended audience, which in this case are the people who live in the community where the sale is to take place and where the personal property is located. To be effective, public notices publicizing an event must be published in newspapers that are adjudicated and circulated in communities that are affected by the event. Allowing advertisers to publish notices in any newspaper in the county would produce absurd results." By returning the publication standard to its historic judicial district requirement the published notice can best reach the local community members with an interest in the sale.

                        ** the CNPA did not use the word mischief they used the term "malfeasance can occur"

                        http://www.leginfo.ca.gov/pub/11-12/..._asm_comm.html
                        Last edited by ams; 27th October 2018, 04:40 PM. Reason: format:....not mischief..added link
                        --
                        Ron

                        http://advancedministorage.com
                        http://zolezzistorage.com


                        email ron at advancedministorage.com

                        Comment


                        • #13
                          wow i am glad i do not live in california. I found the local circulating paper The Suburbanite it is about $50 a run. so I will be out $100. I will see if i get it back as soon as i see what junk they left. there is a reason they dont do storage wars in Ohio. you will just find old tires and mattresses. does not make for good TV. Yeah wonder what they will do when everything is online.

                          Comment


                          • #14
                            Originally posted by ams View Post

                            I wish it was $30 I cost us $300 for our last auction, however that is still a lot cheaper than a lawsuit. Dreading 2019 when our local paper goes to online only. That does not fit the definition of a newspaper. Looks like we will have to post signs in 6 areas around us.
                            Ouch! I've never paid over around $120 for my largest, longest ads. We used the San Jose Post Record. Don't you have a similar publication you could use? Heck, you're close enough in proximity to Sac, so I'd presume there's a legal ad only publication that could save you a bunch of money. And Reno being the State Capital of the other location... I'm just flabbergasted at the cost you're having to incur for auction ads. Again, ouch!
                            Gina 6k
                            twitter.com/GinaSixKudo
                            VM: Four-Oh-Eight- Seven-Eight-Oh-Eight-Oh-Seven-Nine
                            storagebizhelp@gmail.com



                            You only live once, but if you do it right, once is enough!
                            I am not an attorney, just an experienced manager who is willing to share what I have learned. Your thoughts, practices or opinions may vary and neither of us may be right.

                            Comment


                            • #15
                              Did you ever try to call any of your competition in a 10-15 mile radius and ask where they publish?
                              Don't put off until tomorrow, what you can do today.

                              Comment

                              Latest Topics

                              Collapse

                              Working...
                              X