Yes, you can proceed with VP-147 lien sale even if certified mail returns as "undeliverable," "attempted - not known," or "refused." Nevada law requires you to attempt proper notification at the DMV-registered address, but you're not responsible if the owner moved without updating their address or refuses to accept the letter. The key is documenting your good-faith notification attempt.

This is the second most discussed lien sale question on automotive forums and r/legaladvice. Tow operators panic when certified mail comes back weeks after sending, thinking the entire lien sale process must start over. That's not correct. What matters is that you sent notification to the correct address on file with Nevada DMV at the time you mailed it.

📋 How to Document Undeliverable Certified Mail for VP-147:

• Keep the returned envelope: The envelope with USPS markings showing "undeliverable," "moved - no forwarding address," "refused," or "unclaimed" is your proof of notification attempt
• Keep the certified mail receipt: The green receipt showing you sent certified mail on [date] to [address from DMV records]
• Make copies for your VP-147 packet: Include copies of both the receipt and the returned envelope with your notarized VP-147 when submitting to auction or DMV
• Note the return date on your VP-147: In the notification section, write "Certified mail sent [date], returned undeliverable [date] - proof attached"

⚠️ Critical Distinction - Undeliverable vs. Never Sent: Nevada courts and DMV distinguish between "mail returned undeliverable" (proper notification attempt) and "mail never sent" (no notification attempt). If you skip certified mail entirely and claim the owner "couldn't be found," your VP-147 will be rejected and you could face liability for wrongful sale. But if you can prove you sent certified mail to the DMV-registered address and USPS returned it undeliverable, you've met Nevada's notification requirement.

💡 The 30-Day Waiting Period Starts When You Mail It: Confusion exists about when the clock starts. The 30-day waiting period begins on the date you send certified mail, not when it's delivered or returned. Example: You mail certified letters on May 1st to owner and lienholder. Owner's letter is delivered May 4th (signed green card returned). Lienholder's letter returns undeliverable May 8th. You can still proceed with lien sale on June 1st (30 days after May 1st mailing date) because you attempted notification to both parties.

🏢 Real-World Example from Las Vegas Tow Yard: Tow company in Boca Park area towed abandoned vehicle from apartment complex. DMV records showed owner at an address in Henderson. Certified mail sent September 1st, returned "moved - no forwarding address" September 9th. Tow company kept the returned envelope, waited until October 2nd (31 days after mailing), then had VP-147 notarized at their facility. Auction accepted the vehicle because notification attempt was properly documented. The vehicle sold, title transferred to buyer with no issues.

⚠️ When Undeliverable Mail Becomes a Problem: If certified mail to the lienholder (bank) returns undeliverable AND you cannot locate the bank through research (merger, acquisition, failure), consult an attorney before proceeding. While owner notification can be satisfied with undeliverable mail, lienholder notification may require additional steps if the lien is recent and valuable.

Related Questions

• Do I need to notify both the owner AND the lienholder for VP-147?
• After lien sale, do I owe excess auction money to the owner or bank?
• How many certified letters do I actually need to send for Nevada VP-147?

Most title companies require using their own notaries for real estate closings to maintain chain of custody, ensure compliance with specific lender instructions, and manage liability. While your own notary is legally valid in Nevada, title companies contractually mandate their selected notaries. Using an unauthorized notary can lead to rejection, closing delays, or escrow complications.

Why Title Companies Insist on Their Notaries:

Title companies coordinate with lenders, insurers, and county recorders—all of whom have specific requirements. They need notarization consistency and direct communication with the notary handling your closing. They also carry errors & omissions (E&O) insurance that covers their contracted notaries, which may not apply to independent notaries.

🔑 Can You Use Your Own Notary?

In rare cases, yes—but only with prior written approval from:

• The title company (may have exceptions for scheduling conflicts)
• Your lender (may require their approval)
• The seller's title company (if using separate title agents)

📋 Legitimate Reasons for Exception Requests:

• Your notary has existing relationship and coordination history
• Title company's notary has scheduling conflicts or excessive travel costs
• Out-of-state remote notarization is the only practical option
• Your notary is bonded, insured, and Nevada-commissioned

⚠️ Best Practice:

Always disclose your preferred notary to the title company early in the transaction. Get written approval in advance. If they refuse and delays occur, professional notaries in Summerlin and Water Street can coordinate with title company staff to facilitate acceptance or serve as backup if needed.

Related Questions

• What Happens If a Deed Is Notarized Incorrectly—Can It Be Fixed?
• How Do You Close Real Estate When Buyer Is Out of State and Can't Attend Closing in Person?
• Why Do Banks Refuse to Notarize Documents They Prepared?