Source One Financial Corp. v. McCarthy’s Towing, Inc. (2014)
Citation: 2014 Mass. App. Div. 48, 50–51 · Decided: March 17, 2014 · Opinion: Merrick, J.
Facts
A private-property owner arranged removal of a vehicle left by a person who was not his tenant. The tower notified police before removal, after notices had remained on the windshield for a month. Source One, the first lienholder named on the title, sought return without paying charges because police had not ordered the tow. The tower counterclaimed for towing/storage charges. The trial court rejected both claims.
Holding
The Appellate Division affirmed. The private trespass-tow statute, G.L. c. 266, § 120D, governed. The owner could delegate the police-notification task to the tower. The lawful right to retain possession for charges was a possessory lien meeting G.L. c. 106, § 9-333(a), with priority over Source One’s security interest under subsection (b). Source One was not personally liable for the charges, but had no right to possession until they were paid.
Reasoning and limits
The court distinguished private-property towing from police accident/recovered-stolen-vehicle towing. Section 120D creates detention rights despite not using the word lien. The opinion decides possession, conversion and the tower’s counterclaim. It does not authorize a nonjudicial auction, approve a buyer’s title or hold that sale extinguishes the lender’s interest. It is an Appellate Division opinion, not an Appeals Court or SJC ruling.
Practical impact
Identify the legal tow route before applying owner notice, possession or title-transfer rules. A superior possessory lien is different from personal liability of the lender and from power to transfer free-and-clear title. Current RMV instructions require a court order for involuntary tows not ordered by police/public authority.
Good-law status
Full opinion independently retrieved and read on 2026-10-17 in an unofficial MassCasesArchive reporter reproduction. Current §§ 120D and 9-333 were also retrieved. Comprehensive treatment remains needs_verification; proposed towing amendments are not treated as enacted law.
Applies in →
massachusetts · towing-storage-and-mechanics-lien-sales · motor-vehicles
Sources
- Opinion: https://www.masscasesarchive.com/masscases.com/cases/distapp/2014/2014massappdiv48.html — full text retrieved 2026-10-17.
- G.L. c. 266, § 120D: https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter266/Section120D — full current text retrieved 2026-10-17.
- G.L. c. 106, § 9-333: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter106/Section9-333 — full current text retrieved 2026-10-17.
- RMV: https://www.mass.gov/info-details/involuntary-transfers — current instructions retrieved 2026-10-17; separate police/private title packages.
Disclaimer. Legal information, not legal advice. This decision may be limited by later authority. Read the opinion and applicable current law before acting.