Okla. Stat. tit. 42, § 42-91A

Certificate of title - Foreclosure - Notice - Purchaser - Unpaid

checks – Repossession.

A. 1. a. This section applies to all types of personal property

other than:

(1) farm equipment as defined in Section 91.2 of this

title, and

(2) “Section 91 Personal Property” as defined in

Section 91 of this title.

b. This section applies to any vehicle, all-terrain

vehicle, utility vehicle, manufactured home,

motorcycle, boat, outboard motor, or trailer that is

excluded from coverage under subsection A of Section

91 of this title because the personal property:

(1) does not have a certificate of title,

(2) has a certificate of title but does not have an

active lien recorded on the certificate of title,

(3) has a certificate of title that is not issued by

Service Oklahoma or by a federally recognized

Indian tribe in the State of Oklahoma, or

(4) is otherwise excluded by subparagraph b of

paragraph 1 of subsection A of Section 91 of this

title or subsection D of Section 91 of this

title.

c. If personal property has a certificate of title, or

would be required to have a certificate of title under

Oklahoma law, and 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. If

personal property without a certificate of title and

not required to be titled under Oklahoma law is

covered both by this section and Sections 191 through

200 of this title, the procedures set out in Sections

191 through 200 of this title shall apply instead of

this section.

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

article of personal property to which this section

applies, 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 thereon, dependent on

possession, for the compensation, if any, which is due

to such person from the owner for such service.

Charges owed under a contract primarily for the

purpose of storage or rental of space shall be accrued

Oklahoma Statutes - Title 42. Liens Page 26

only at the regular periodic rate for storage or

rental as provided in the contract, adjusted for

partial periods of storage or rental.

b. Except for Class AA licensed wrecker towing charges,

the 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 thirty

(30) 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:

(1) failure to timely provide additional

documentation supporting or verifying any entry

on submitted forms as requested by Service

Oklahoma,

(2) failure to provide the documentation supporting

lawful possession as outlined in paragraph 3 of

subsection H of this section,
l fee for the

resubmission shall be charged to the property owner.

“Failure to comply” includes, but is not limited to:

(1) failure to timely provide additional

documentation supporting or verifying any entry

on submitted forms as requested by Service

Oklahoma,

(2) failure to provide the documentation supporting

lawful possession as outlined in paragraph 3 of

subsection H of this section,

(3) claimant being other than the individual who

provided the service giving rise to the special

lien, as in subparagraph a of this paragraph,

(4) claimant not being in possession of the vehicle,

or

(5) notification and proceedings not accomplished in

accordance with subparagraph c of this paragraph,

and paragraph 3 of this subsection.

c. Any person claiming a lien under this section shall

request, within five (5) business days of performing

any service or work on the property, Service Oklahoma

or other appropriate license agency to furnish the

name and address of the current owner of and any

lienholder upon the property. Service Oklahoma or an

Oklahoma Statutes - Title 42. Liens Page 27

appropriate license agency shall respond in person or

by mail to the lien claimant within ten (10) business

days of the receipt of the request for information.

Service Oklahoma shall render assistance to ascertain

ownership, if needed. The lien claimant shall send,

within seven (7) business days of receipt of the

requested information from Service Oklahoma or other

license agency, a notice of the location of the

property by certified mail with return receipt

requested, postage prepaid, to the owner and any

lienholder of the vehicle at the addresses furnished.

The lien claimant may charge not more than Fifty

Dollars ($50.00) for processing plus the cost of

postage if the notice is timely sent pursuant to the

requirements of this subparagraph in addition to fees

regulated by the Corporation Commission for licensed

wreckers. If the lien claimant is unable to meet the

time requirements due to a lack of or an altered

vehicle identification number on the property, the

lien claimant shall proceed diligently to obtain the

proper vehicle identification number and shall meet

the time requirements on the notice once the vehicle

identification number is known. If the lien claimant

is required to send additional notices because of

change of ownership or lienholder after it has timely

complied with the requirements of this subparagraph,

the lien claimant shall remain in compliance if such

additional notices are sent within the required time

periods from the date of discovery of the new owners

or lienholders. The notice shall be in writing and

shall contain, but not be limited to, the following:

(1) a statement that the notice is a Notice of

Possessory Lien,

(2) the complete legal name, physical and mailing

address, and telephone number of the claimant,

(3) 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,

(4) a description of the article of personal

property, and the complete physical and mailing

address of the location of the article of

personal property,

Oklahoma Statutes - Title 42. Liens Page 28

(5) the nature of the work, labor or service

performed, material furnished, or the storage or

rental arrangement, and the date thereof, and

written proof of authority to perform the work,

labor or service provided that, in the case of a

law enforcement directed tow, the logbook entry

prescribed in OAC 595:25-5-5 or the tow ticket as

defined by the Corporation Commission shall serve

as written proof of authority,
ork, labor or service

performed, material furnished, or the storage or

rental arrangement, and the date thereof, and

written proof of authority to perform the work,

labor or service provided that, in the case of a

law enforcement directed tow, the logbook entry

prescribed in OAC 595:25-5-5 or the tow ticket as

defined by the Corporation Commission shall serve

as written proof of authority,

(6) 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, the name of the contact person

representing the business shall be shown. In

place of an original signature and notary seal, a

digital or electronic signature or seal shall be

accepted, and

(7) 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.

The lien claimant shall not be required to send the

notice required in this subparagraph if the property

is released to an interested party before the notice

is mailed and no additional charges or fees continue

to accrue. If a law enforcement agency has the

property towed to a law enforcement facility, the

person claiming a lien under this section shall not be

required to send notice until the property is released

by law enforcement to the claimant or the date which

claimant starts charging storage, whichever is

earlier. A lien claimant shall have an extension of

ten (10) business days to send the notice required in

this subparagraph if a state of emergency has been

declared in the county in which the property is

located.

d. Subparagraphs b and c of this paragraph shall not

apply to salvage pools as defined in Section 591.2 of

Title 47 of the Oklahoma Statutes.

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

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

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

a. the names of the owner and any other known party or

parties who may claim any interest in the property,

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

visual inspection or a photograph if the property is a

Oklahoma Statutes - Title 42. Liens Page 29

motor vehicle, and the physical location of the

property,

c. the nature of the work, labor or service performed,

material furnished, or the storage or rental

arrangement, and the date thereof, and written proof

of authority to perform the work, labor or service

provided. In the case of a law enforcement directed

tow, the logbook entry prescribed in OAC 595:25-5-5 or

the tow ticket as defined by the Corporation

Commission, shall serve as written proof of authority,

d. the time and place of sale,

e. the name, telephone number, physical address and

mailing address of the claimant, and agent or

attorney, if any, 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

f. itemized charges which shall equal the total

compensation claimed.

4. a. 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 the owner and any other party

claiming any interest in the property, if known, at

their last-known post office address, by certified

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

before the time therein specified for such sale. If

the item of personal property is a 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.
st in the property, if known, at

their last-known post office address, by certified

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

before the time therein specified for such sale. If

the item of personal property is a 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.

b. In the case of any item of personal property without a

certificate of title and not required to be titled

under Oklahoma law, a party who claims any interest in

the property shall include all owners of the property;

any secured party who has an active financing

statement on file with the county clerk of Oklahoma

County listing one or more owners of the property by

legal name as debtors and indicating a collateral

description that would include the property; and any

other person having any interest in the personal

property, of whom the claimant has actual notice.

c. In the case of personal property subject to this

section for which a certificate of title has been

Oklahoma Statutes - Title 42. Liens Page 30

issued by any jurisdiction, a party who claims any

interest in the property shall include all owners of

the article of personal property as indicated by the

certificate of title; 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.

d. When the jurisdiction of titling for a vehicle, all-

terrain vehicle, motorcycle, boat, outboard motor, or

trailer that is five (5) model years old or newer, or

a manufactured home that is fifteen (15) model years

old or newer, cannot be determined by ordinary means,

the claimant, the agent of the claimant, or the

attorney of the claimant, shall request, in writing,

that Service Oklahoma ascertain the jurisdiction where

the vehicle or manufactured home is titled. Service

Oklahoma shall, within fourteen (14) days from the

date the request is received, provide information as

to the jurisdiction where the personal property is

titled. If Service Oklahoma is unable to provide the

information, it shall provide notice that the record

is not available.

e. When personal property is of a type that Oklahoma law

requires to be titled, the owner of record of that

property is unknown, and the jurisdiction of titling

and owner of record cannot be determined by ordinary

means and also, if applicable, cannot be determined in

accordance with the preceding subparagraph, then the

special lien may be foreclosed by publication of a

legal notice in a legal newspaper in the county where

the personal property is located, as defined in

Section 106 of Title 25 of the Oklahoma Statutes.

Such notice shall include the description of the

property by year, make, vehicle identification number

if available from the property, the name of the

individual who may be contacted for information, and

the telephone number of that person or the address

where the vehicle is located. The legal notice shall

be published once per week for three (3) consecutive

weeks. As soon as circumstances exist as described in

the first sentence of this subparagraph, the first

date of publication may occur even if the special lien

has not accrued for over thirty (30) days. The first

date available for public sale of the vehicle is the

day following publication of the final notice, but no

fewer than thirty (30) days after the lien has

Oklahoma Statutes - Title 42. Liens Page 31

accrued. When the owner of record is unknown, the

Notice of Sale nevertheless must be completed and

mailed to any known interested party by certified

mail. For purposes of this paragraph, interested

parties shall include all persons described in

subparagraph b or subparagraph c of this paragraph,
no

fewer than thirty (30) days after the lien has

Oklahoma Statutes - Title 42. Liens Page 31

accrued. When the owner of record is unknown, the

Notice of Sale nevertheless must be completed and

mailed to any known interested party by certified

mail. For purposes of this paragraph, interested

parties shall include all persons described in

subparagraph b or subparagraph c of this paragraph,

whichever is applicable, with the exception of any

owner who is unknown. Except in circumstances

described in paragraph 7 of this subsection that

provide for a shorter time period, the 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 the Notice of Sale shall not be mailed until at

least thirty (30) days after the lien has accrued.

5. The lienor or any other person may in good faith become a

purchaser of the property sold.

6. Proceedings for foreclosure under this act shall commence in

twenty (20) days after the lien has accrued, except as provided

elsewhere in Oklahoma law.

7. Notwithstanding any other provision of law, proceedings for

foreclosures for the storage of junk vehicles towed and stored

pursuant to Section 955 of Title 47 of the Oklahoma Statutes by

Class AA wreckers listed with the Motor Vehicle Division of the

Department of Public Safety, may be commenced five (5) days after

the lien has accrued. For purposes of this paragraph, “junk

vehicles” means any vehicle that is more than ten (10) years old if

the cost of a comparable vehicle would be less than Three Hundred

Dollars ($300.00) as quoted in the latest edition of the National

Automobile Dealers Association Official Used Car Guide or latest

monthly edition of any other nationally recognized published

guidebook, adjusting to the condition of the vehicle.

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,

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was received for labor, material or supplies for

producing or repairing an article of personal

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:
ecial 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 or in relation to 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

Oklahoma Statutes - Title 42. Liens Page 33

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

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 acknowledgment of receipt of a notice that

the article may be subject to repossession. The notice and

acknowledgment 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.
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. This section applies if a vehicle, all-terrain vehicle,

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

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

Oklahoma Statutes - Title 42. Liens Page 34

recognized Indian tribe in Oklahoma, but there is no active lien

recorded on the certificate of title.

2. This section applies if a vehicle, all-terrain vehicle,

utility vehicle, motorcycle, boat, outboard motor or trailer has a

certificate of title issued by Service Oklahoma or by a federally

recognized Indian tribe in Oklahoma, and there is an active lien

recorded on the certificate of title, but the lien is over fifteen

(15) years old.

3. This section applies if personal property to which Section

91 of this title otherwise would apply 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.

4. This section applies if personal property to which Section

91 of this title otherwise would apply has not been registered by

either Service Oklahoma or a federally recognized Indian tribe in

the State of Oklahoma, and no certificate of title has been issued,

but there is a lien of record.

5. This section applies to personal property that otherwise

would be covered by Section 91 of this title, except that the

services were rendered or the property was abandoned prior to

November 1, 2005.

6. This section applies to a vehicle, all-terrain vehicle,

utility vehicle, manufactured home, motorcycle, boat, outboard

motor, or trailer for which ownership cannot be determined by

ordinary means or by Service Oklahoma Motor Vehicle Division, as

provided in subparagraphs d and e of paragraph 4 of subsection A of

this section, as applicable.

7. This section applies to items of personal property that are

not required by Oklahoma law to be titled, and that do not have a

certificate of title.

8. This section applies to salvage pools as defined in Section

591.2 of Title 47 of the Oklahoma Statutes.

9. This section applies to 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 removal

provisions of Section 954A of Title 47 of the Oklahoma Statutes with

respect to all types of personal property, regardless of whether

that personal property has a certificate of title.

10. For a vehicle abandoned at a salvage pool, if the cost of

repairing the vehicle for safe operation on the highway does not

exceed sixty percent (60%) of the fair market value of the vehicle

as defined in Section 1111 of Title 47 of the Oklahoma Statutes, a

salvage title shall not be required.

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

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

Oklahoma Statutes - Title 42. Liens Page 35

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
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.

Class AA 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 removal provisions of Section 954A

of Title 47 of the Oklahoma Statutes, shall be considered lawfully

in possession of the vehicle. If the person lacks such

documentation, the procedures established by this section shall not

apply; and

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

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

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

Oklahoma Statutes - Title 42. Liens Page 36

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. Any interested party shall be permitted to visually inspect

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

of the article of property during normal business hours. If the

claimant fails to allow any interested party to inspect the

property, the interested party shall mail a request for inspection

by certified mail, return receipt requested, to the claimant.

Within three (3) business days of receipt of the request for

inspection, the claimant shall mail a photograph of the property, by

certified mail, return receipt requested, and a date of inspection

within five (5) business days from the date of the notice to

inspect. The lienholder shall be allowed to retrieve the 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 this section. Upon the release of personal property

to an insurer or representative of the insurer, wrecker operators
inspect. The lienholder shall be allowed to retrieve the 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 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. In the event any law enforcement

agency places a hold on the property, the party wanting to inspect

or photograph the property shall obtain permission from the law

enforcement agency that placed the hold on the property before

inspecting or photographing.

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

commence on or after August 22, 2014.