Okla. Stat. tit. 42, § 42-91

Foreclosure - Notice - Purchaser - Unpaid checks – Repossession.

A. 1. a. This section applies to every vehicle, all-terrain

vehicle, utility vehicle, manufactured home,

motorcycle, boat, outboard motor, or trailer that has

a certificate of title issued by Service Oklahoma or

by a federally recognized Indian tribe in the State of

Oklahoma, except as otherwise provided in subsection D

of this section. This section does not apply to farm

equipment as defined in Section 91.2 of this title.

The items of personal property to which this section

applies are collectively referred to as “Section 91

Personal Property”. If personal property is

apparently covered both by this section and by

Sections 191 through 200 of this title, the procedures

set out in this section shall apply instead of

Sections 191 through 200 of this title.

b. Salvage pools as defined in Section 591.2 of Title 47

of the Oklahoma Statutes and class AA licensed wrecker

services taking possession of a vehicle pursuant to an

agreement with or at the direction of, or dispatched

by, a state or local law enforcement or government

agency, or pursuant to the abandoned vehicle renewal

provisions of Section 954A of Title 47 of the Oklahoma

Statutes, shall not be subject to the provisions of

this section, but shall be subject to the provisions

of Section 91A of this title. Unless otherwise

provided by this subparagraph, class AA licensed

wrecker services performing consensual tows shall be

subject to the provisions of this section.

2. Any person who, while lawfully in possession of an article

of Section 91 Personal Property, renders any service to the owner

thereof by furnishing storage, rental space, material, labor or

skill for the protection, improvement, safekeeping, towing, right to

occupy space, storage or carriage thereof, has a special lien

Oklahoma Statutes - Title 42. Liens Page 16

thereon, dependent on possession, for the compensation, if any,

which is due to such person from the owner for such service.

3. This special lien shall be subordinate to any perfected

security interest unless the claimant complies with the requirements

of this section. Failure to comply with any requirements of this

section shall result in denial of any title application and cause

the special lien to be subordinate to any perfected lien. Upon such

denial, the applicant shall be entitled to one resubmission of the

title application within fifteen (15) business days of receipt of

the denial, and proceed to comply with the requirements of this

section. In the event of a denial, the Notice of Possessory Lien

and the Notice of Sale may be mailed on the same day in separate

envelopes and storage charges shall only be charged from the date of

resubmission; however, before a Notice of Sale is to be mailed, the

personal property must have been possessed by the possessory lien

claimant for at least twenty-one (21) days. Furthermore, if the

denial was due to error by the party submitting the title

application, then no additional fee for the resubmission shall be

charged to the property owner. “Failure to comply” includes, but is

not limited to:

a. failure to timely provide additional documentation

supporting or verifying any entry on submitted forms

as requested by Service Oklahoma, including but not

limited to United States Postal Service proof of

return receipt requested such as Form 3811 or United

States Postal Service electronic equivalent,

b. failure to provide the documentation supporting lawful

possession as defined in paragraph 3 of subsection H

of this section,

c. claimant or the agent being other than the individual

who provided the service giving rise to the special

lien, as in paragraph 2 of this subsection,

d. claimant not being in possession of the vehicle,

e. notice of lien not filed in accordance with paragraph

4 of this subsection, or

f. foreclosure notification and proceedings not
s defined in paragraph 3 of subsection H

of this section,

c. claimant or the agent being other than the individual

who provided the service giving rise to the special

lien, as in paragraph 2 of this subsection,

d. claimant not being in possession of the vehicle,

e. notice of lien not filed in accordance with paragraph

4 of this subsection, or

f. foreclosure notification and proceedings not

accomplished in accordance with paragraph 6 of this

section.

4. Any person claiming the special lien provided in paragraph 2

of this subsection shall mail a notice of such lien, no later than

sixty (60) days after the first services are rendered, by regular,

first-class United States mail, and by certified mail, return

receipt requested, to all interested parties who reside at separate

locations. If services provided are pursuant to a contract

primarily for the purpose of storage or rental of space, the

beginning date of the sixty-day period provided in the previous

sentence shall be the first day of the first period or partial

Oklahoma Statutes - Title 42. Liens Page 17

period for which rental or storage charges remain unpaid. The

notice shall be in writing and shall contain, but not be limited to,

the following:

a. a statement that the notice is a Notice of Possessory

Lien,

b. the complete legal name, physical and mailing address,

and telephone number of the claimant,

c. the complete legal name, physical and mailing address

of the person who requested that the claimant render

service to the owner by furnishing material, labor or

skill, storage, or rental space, or the date the

property was abandoned if the claimant did not render

any other service,

d. a description of the article of personal property,

including a photograph if the property is Section 91

Personal Property, and the complete physical and

mailing address of the location of the article of

personal property,

e. an itemized statement describing the date or dates the

labor or services were performed and material

furnished, and the charges claimed for each item, the

totals of which shall equal the total compensation

claimed,

f. a statement by the claimant that the materials, labor

or skill furnished, or arrangement for storage or

rental of space, was authorized by the owner of the

personal property and was in fact provided or

performed, and written proof of authority to perform

the work, labor or service, or that the property was

abandoned by the owner if the claimant did not render

any other service, and that storage or rental fees

will accrue as allowed by law, and

g. the signature of the claimant which shall be notarized

and, if applicable, the signature of the claimant’s

attorney. If the claimant is a business, then the

name of the contact person representing the business

must be shown. In place of an original signature and

notary seal, a digital or electronic signature or seal

shall be accepted.

5. For services rendered or vehicles abandoned on or after

November 1, 2005, storage charges or charges for rental of space,

unless agreed to by contract as part of an overall transaction or

arrangement that was primarily for the purpose of storage of the

Section 91 Personal Property or rental of space, may only be

assessed beginning with the day that the Notice of Possessory Lien

is mailed as evidenced by certified mail. Provided, however, in the

case of contractual charges incurred for storage or rental of space

Oklahoma Statutes - Title 42. Liens Page 18

in an overall transaction primarily for the purpose of storage or

rental, charges subject to the special lien may only be assessed

beginning with a date not more than sixty (60) days prior to the day

that the Notice of Possessory Lien is mailed, and shall accrue only

at the regular periodic rate for storage or rental as provided in

the contract, adjusted for partial periods of storage or rental.
an overall transaction primarily for the purpose of storage or

rental, charges subject to the special lien may only be assessed

beginning with a date not more than sixty (60) days prior to the day

that the Notice of Possessory Lien is mailed, and shall accrue only

at the regular periodic rate for storage or rental as provided in

the contract, adjusted for partial periods of storage or rental.

The maximum allowable compensation for storage shall not exceed the

fees established by the Corporation Commission for nonconsensual

tows.

6. The lien may be foreclosed by a sale of such personal

property upon the notice and in the manner following: The Notice of

Sale shall be in writing and shall contain, but not be limited to:

a. a statement that the notice is a Notice of Sale,

b. the names of all interested parties known to the

claimant,

c. a description of the property to be sold, including a

photograph if the property is Section 91 Personal

Property and if the condition of such property has

materially changed since the mailing of Notice of

Possessory Lien required pursuant to paragraph 4 of

this subsection,

d. a notarized statement of the nature of the work, labor

or service performed, material furnished, or storage

or rental of space, and the date thereof, and the name

of the person who authorized the work, labor or

service performed, or the storage or rental

arrangement, and written proof of authority to perform

the work, labor or service, or that the property was

abandoned if the claimant did not render any other

service,

e. the date, time, and exact physical location of sale,

f. the name, complete physical address, mailing address,

and telephone number of the party foreclosing such

lien. If the claimant is a business, then the name of

the contact person representing the business must be

shown. In place of an original signature and notary

seal, a digital or electronic signature or seal shall

be accepted, and

g. itemized charges which shall equal the total

compensation claimed.

7. Such Notice of Sale shall be posted in two public places in

the county where the property is to be sold at least ten (10) days

before the time therein specified for such sale, and a copy of the

notice shall be mailed to all interested parties at their last-known

post office address by regular, first-class United States mail and

by certified mail, return receipt requested, at least ten (10) days

before the date of the sale. If the item of personal property is a

Oklahoma Statutes - Title 42. Liens Page 19

manufactured home, notice shall also be sent by certified mail to

the county treasurer and to the county assessor of the county where

the manufactured home is located.

8. Interested parties shall include all owners of the article

of personal property as indicated by the certificate of title issued

by Service Oklahoma or by a federally recognized Indian tribe in the

State of Oklahoma; lien debtors, if any, other than the owners; any

lienholder whose lien is noted on the face of the certificate of

title; and any other person having any interest in the article of

personal property, of whom the claimant has actual notice.

9. Any interested party shall be permitted to inspect and

verify the services rendered by the claimant prior to the sale of

the article of personal property during normal business hours. The

lienholder shall be allowed to retrieve the Section 91 Personal

Property without being required to bring the title into the

lienholder’s name, if the lienholder provides proof it is a

lienholder and any payment due the claimant for lawful charges where

the claimant has complied with the requirements of this section.

Upon the release of personal property to an insurer or

representative of the insurer, wrecker operators shall be exempt

from all liability and shall be held harmless for any losses or

claims of loss.

10. The claimant or any other person may in good faith become a
nholder and any payment due the claimant for lawful charges where

the claimant has complied with the requirements of this section.

Upon the release of personal property to an insurer or

representative of the insurer, wrecker operators shall be exempt

from all liability and shall be held harmless for any losses or

claims of loss.

10. The claimant or any other person may in good faith become a

purchaser of the property sold.

11. Proceedings for foreclosure under this act shall be

commenced no sooner than ten (10) days and no later than thirty (30)

days after the Notice of Possessory Lien has been mailed as

evidenced by certified mail. The date actually sold shall be within

sixty (60) days from the date of the Notice of Sale as evidenced by

certified mail.

B. 1. a. Any person who is induced by means of a check or other

form of written order for immediate payment of money

to deliver up possession of an article of personal

property on which the person has a special lien

created by subsection A of this section, which check

or other written order is dishonored, or is not paid

when presented, shall have a lien for the amount

thereof upon the personal property.

b. The person claiming such lien shall, within thirty

(30) days from the date of dishonor of the check or

other written order for payment of money, file in the

office of the county clerk of the county in which the

property is situated a sworn statement that:

(1) the check or other written order for immediate

payment of money, copy thereof being attached,

was received for labor, material or supplies for

producing or repairing an article of personal

Oklahoma Statutes - Title 42. Liens Page 20

property, or for other specific property-related

services covered by this section,

(2) the check or other written order was not paid,

and

(3) the uttering of the check or other written order

constituted the means for inducing the person,

one possessed of a special lien created by

subsection A of this section upon the described

article of personal property, to deliver up the

article of personal property.

2. a. Any person who renders service to the owner of an

article of personal property by furnishing storage,

rental space, material, labor, or skill for the

protection, improvement, safekeeping, towing, right to

occupy space, storage, or carriage thereof shall have

a special lien on such property pursuant to this

section if such property is removed from the person’s

possession, without such person’s written consent or

without payment for such service.

b. The person claiming such lien shall, within five (5)

days of such nonauthorized removal, file in the office

of the county clerk of the county in which the

property is located, a sworn statement including:

(1) that services were rendered on or in relation to

the article of personal property by the person

claiming such lien,

(2) that the property was in the possession of the

person claiming the lien but such property was

removed without his or her written consent,

(3) an identifying description of the article of

personal property on which the service was

rendered, and
rn statement including:

(1) that services were rendered on or in relation to

the article of personal property by the person

claiming such lien,

(2) that the property was in the possession of the

person claiming the lien but such property was

removed without his or her written consent,

(3) an identifying description of the article of

personal property on which the service was

rendered, and

(4) that the debt for the services rendered on or in

relation to the article of personal property was

not paid. Provided, if the unpaid total amount

of the debt for services rendered on or in

relation to the article of personal property is

unknown, an approximated amount of the debt due

and owing shall be included in the sworn

statement but such approximated debt may be

amended within thirty (30) days of such filing to

reflect the actual amount of the debt due and

owing.

3. The enforcement of the lien shall be within sixty (60) days

after filing the lien in the manner provided by law for enforcing

the lien of a security agreement and provided that the lien shall

Oklahoma Statutes - Title 42. Liens Page 21

not affect the rights of innocent, intervening purchasers without

notice.

C. If the person who renders service to the owner of an article

of personal property to which this section applies relinquishes or

loses possession of the article due to circumstances described in

subparagraph a of paragraph 1 or subparagraph a of paragraph 2 of

subsection B of this section, the person claiming the lien shall be

entitled to possession of the article until the amount due is paid,

unless the article is possessed by a person who became a bona fide

purchaser. Entitlement to possession shall be in accordance with

the following:

1. The claimant may take possession of an article pursuant to

this subsection only if the person obligated under the contract for

services has signed an acknowledgement of receipt of a notice that

the article may be subject to repossession. The notice and

acknowledgement pursuant to this subsection shall be:

a. in writing and separate from the written contract for

services, or

b. printed on the written contract for services, credit

agreement or other document which displays the notice

in bold-faced, capitalized and underlined type, or is

separated from surrounding written material so as to

be conspicuous with a separate signature line;

2. The claimant may require the person obligated under the

contract for services to pay the costs of repossession as a

condition for reclaiming the article only to the extent of the

reasonable fair market value of the services required to take

possession of the article;

3. The claimant shall not transfer to a third party or to a

person who performs repossession services, a check, money order, or

credit card transaction that is received as payment for services

with respect to an article and that is returned to the claimant

because of insufficient funds or no funds, because the person

writing the check, issuing the money order, or credit cardholder has

no account or because the check, money order, or credit card account

has been closed. A person violating this paragraph shall be guilty

of a misdemeanor; and

4. An article that is repossessed pursuant to this subsection

shall be promptly delivered to the location where the services were

performed. The article shall remain at the services location at all

times until the article is lawfully returned to the record owner or

a lienholder or is disposed of pursuant to this section.

D. 1. If a vehicle, all-terrain vehicle, utility vehicle,

manufactured home, motorcycle, boat, outboard motor, or trailer has

a certificate of title issued by Service Oklahoma or by a federally

recognized Indian tribe in the State of Oklahoma, but there is no

active lien recorded on the certificate of title, Section 91A of

Oklahoma Statutes - Title 42. Liens Page 22
pursuant to this section.

D. 1. If a vehicle, all-terrain vehicle, utility vehicle,

manufactured home, motorcycle, boat, outboard motor, or trailer has

a certificate of title issued by Service Oklahoma or by a federally

recognized Indian tribe in the State of Oklahoma, but there is no

active lien recorded on the certificate of title, Section 91A of

Oklahoma Statutes - Title 42. Liens Page 22

this title will apply instead of this section. Likewise, if there

is an active lien recorded on the certificate of title but the lien

is over fifteen (15) years old and the property is not a

manufactured home, Section 91A of this title will apply instead of

this section.

2. If personal property that otherwise would be covered by this

section has been registered by Service Oklahoma or by a federally

recognized Indian tribe in the State of Oklahoma, and there is a

lien of record but no certificate of title has been issued, Section

91A of this title will apply instead of this section.

3. If personal property otherwise would be covered by this

section, but the services were rendered or the property was

abandoned prior to November 1, 2005, Section 91A of this title will

apply instead of this section.

E. A person who knowingly makes a false statement of a material

fact regarding the furnishing of storage, rental space, material,

labor or skill for the protection, improvement, safekeeping, towing,

right to occupy space, storage or carriage thereof in a proceeding

under this section, or attempts to use or uses the provisions of

this section to foreclose an owner or lienholder’s interest in a

vehicle knowing that any of the statements made in the proceeding

are false, upon conviction, shall be guilty of a felony.

F. Upon receipt of notice of legal proceedings, Service

Oklahoma shall cause the sale process to be put on hold until notice

of resolution of court proceedings is received from the court. If

such notice of commencement of court proceedings is not filed with

Service Oklahoma, the possessory lien sale process may continue.

G. No possessory lien sale shall be held on a Sunday.

H. For purposes of this section:

1. “Possession” includes actual possession and constructive

possession;

2. “Constructive possession” means possession by a person who,

although not in actual possession, does not have an intention to

abandon property, knowingly has both power and the intention at a

given time to exercise dominion or control over the property, and

who holds claim to such thing by virtue of some legal right;

3. “Lawfully in possession” means a person has documentation

from the owner or the owner’s authorized agent, or an insurance

company or its authorized agent, authorizing the furnishing of

material, labor or storage, or that the property was authorized to

be towed to a repair facility. If the person lacks such

documentation, he or she shall not be lawfully in possession of the

Section 91 Personal Property and shall not be entitled to a special

lien as set forth in this section; and

4. “Itemized charges” means total parts, total labor, total

towing fees, total storage fees, total processing fees and totals of

Oklahoma Statutes - Title 42. Liens Page 23

any other fee groups, the sum total of which shall equal the

compensation claimed.

I. For purposes of this section, the United States Postal

Service approved electronic equivalent of proof of return receipt

requested Form 3811 shall satisfy return receipt requested

documentation requirements.

J. If a person claiming a special lien pursuant to this section

fails to comply with any of the requirements of this section, any

interested party may proceed against the person claiming such lien

for all damages arising therefrom, including conversion, if the

article of personal property has been sold. If the notice or

notices required by this section shall be shown to be knowingly

false or fraudulent, the interested party shall be entitled to
s section

fails to comply with any of the requirements of this section, any

interested party may proceed against the person claiming such lien

for all damages arising therefrom, including conversion, if the

article of personal property has been sold. If the notice or

notices required by this section shall be shown to be knowingly

false or fraudulent, the interested party shall be entitled to

treble damages. The prevailing party shall be entitled to all

costs, including reasonable attorney fees.

K. This section shall apply to all actions or proceedings that

commence on or after the effective date of this act.