710:60-5-116. Possessory liens under Title 42 of the Oklahoma Statutes (a) Prior approval required. Any person who wishes to claim a possessory lien and sell a vehicle for storage fees or work done for which they have not been compensated must comply with the applicable lien filing provisions of Title 42 of the Oklahoma Statutes and submit proper documentation to the Tax Commission for approval. As part of the approval review process, the record will be checked against NCIC files for the presence of a stolen vehicle record. If a stolen vehicle report is on file, the application will be denied and the filer advised of the law enforcement agency responsible for the NCIC report.
(b) Forms and instructions available. A packet of instructions and required forms may be obtained from the Motor Vehicle Division of the Tax Commission or online at www.oktax.state.ok.us. There are two (2) types of possessory lien filings applicable to vehicles under Title 42 of the Oklahoma Statutes:
(1) One process applies to vehicles, all-terrain vehicles, off-road motorcycles, manufactured homes, commercial trailers, boats and outboard motors titled in the State of Oklahoma, or with a federally recognized Indian tribe, and on which an active lien is recorded and for which the lien filers are not either licensed Class AA Wrecker Services or Salvage Pools, as defined in 47 O.S. § 591.2. Excepting manufactured homes, if an active lien is present, but is over fifteen (15) years old, the provisions of #2 below apply.
(2) One process applies to vehicles, all-terrain vehicles, off-road motorcycles, manufactured homes, commercial trailers, boats and outboard motors titled in another state, or which do not have a certificate of title or have a certificate of title on which an active lien is not recorded, or are excluded from the process described under #1 above by 42 O.S. § 91(D), or on which the lien is filed by either a licensed Class AA Wrecker Service or a Salvage Pool, as defined in 47 O.S. § 591.2.
(c) Procedure for completion and submission of forms. Incomplete or altered forms will not be accepted. The forms will provide the applicant with a designated area in which to enter any desired identifying information.
(d) Persons qualified to file possessory liens. Every person who, while lawfully in possession of an article of personal property, renders any service to the owner thereof by furnishing material, labor or skill for the protection, improvement, safekeeping, towing, storage or carriage thereof, has a special lien thereon, dependent on possession, for the compensation, if any, which is due such person from the owner for such service.
(e) Manner of foreclosure. Said lien may be foreclosed by a sale of such personal property, following proper notification to the record owner and all interested parties.
(f) Notice requirements.
(1) General requirements. The type and extent of the notices are outlined by statute and depend upon the status of the vehicle and the lien claimant. All require notification of the record owner and all interested parties. All require the completion and proper posting of a Notice of Sale (OTC 752-A), although some specific information on the Notice is not required under all lien filing situations. Certain situations also require the filing of a Notice of Possessory Lien (OTC 752-D).
(2) Ownership/Lienholder determination for notification purposes. Record ownership and the existence of any lienholders on file with the Oklahoma Tax Commission/Motor Vehicle Division, or the equivalent office in another state, may be established as follows:
(A) If the property has an Oklahoma tag number, any Oklahoma tag agency may be contacted for ownership/lienholder information. Provided the information is available in the computer file, the filer will be asked to complete a Vehicle Information Request (OTC Form 769) and pay the applicable fee.
(B) If there is no current ownership record on file, a Vehicle Information Request (Form OTC 769), requesting a title search for the last record owner is to be completed and submitted to the Oklahoma Tax Commission/Motor Vehicle Division Title Research Section, along with the applicable fee.
(C) If the Research Section has no record on file, interested party notice may be accomplished by publication. Refer to Notice when owner is unknown.
(D) If the property is from another state or an Indian Tribe, the Motor Vehicle Department of that state must be contacted for ownership/lienholder information. Letters or computer file printouts from other states' Motor Vehicle Departments providing that information are acceptable. Teletype printouts from law enforcement agencies are not acceptable.
(E) When the jurisdiction of titling is unknown and the property, unless a manufactured home, is five (5) model years or newer, or, if a manufactured home, is fifteen (15) model years or newer, the claimant or their agent shall request, in writing, that the Oklahoma Tax Commission Motor Vehicle Division ascertain the jurisdiction of titling. Within fourteen (14) days of receipt of the request, the Division will provide either the titling jurisdiction, or notice that no determination was made. If a titling jurisdiction is determined, the claimant must contact that state's Motor Vehicle Division, or equivalent, for information. If no titling jurisdiction determination is made, as confirmed by the Division, notice by publication is required.
(F) When the jurisdiction of titling is unknown and the vehicle/ATV/commercial trailer boat or motor is over five (5) model years old, or manufactured home is over fifteen (15) model years old, notice by publication is required.
(3) Notice when owner is unknown. In the event all applicable ownership/lienholder determination procedures have been followed and resulted in no record found, notice by publication in an authorized newspaper must be performed as follows:
(A) The newspaper must be authorized to publish legal notices pursuant to the provisions of 25 O.S. § 106
and must be published in the county in which the vehicle is located. If no newspaper authorized by law to publish legal notices is published in that county, the notice is to be published in some such newspaper of general circulation which is published in an adjoining county. Eligible newspapers may be verified by contacting the Oklahoma Tax Commission Motor Vehicle Division.
(B) The newspaper notice must identify the vehicle by identification number, year, and make.
(C) The notice must include the name of an individual who may be contacted in reference to the sale, including their telephone number or the address where the property is located.
(D) The notice must run at least (1) day per week for (3) consecutive weeks. The first date available for public sale of the property is the day following publication of the final notice.
(E) Upon completion of the newspaper notification process, an Affidavit of Publication (OTC Form 752-E) must be completed and included with the Title 42 documentation submitted to the Oklahoma Tax Commission / Motor Vehicle Division.
(g) Sale and distribution of proceeds of sale. When the vehicle is sold, the special (possessory) lien holder, upon satisfying the amounts due to him/her must make arrangements for the payment in excess of the amounts due to him to be paid to the secured party or parties and to the owner of the vehicle.
(h) Effect of foreclosure on purchaser's title. The purchaser of the vehicle will receive a Certificate of Title without any liens indicated. [See: 42 O.S. § 91 et seq.]
(i) Abandoned vehicle auction. Any vehicle offered at an abandoned vehicle auction performed by a Class AA wrecker service or lien claimant is exempt from all prior year registration fees, title fees, stop flag fees, and any other fees imposed by the state resulting from the prior ownership of the vehicle. However, if the purchaser is the registered owner of the vehicle prior to towing, any outstanding prior years' fees will be due.
[Source: Added at 8 Ok Reg 3305, eff 7-8-91 (emergency); Added at 9 Ok Reg 2151, eff 6-12-92; Amended at 13 Ok Reg 3113, eff 7-11-96; Amended at 18 Ok Reg 878, eff 2-23-01 (emergency); Amended at 18 Ok Reg 1340, eff 5-11-01; Amended at 21 Ok Reg 1137, eff 5-13-04; Amended at 22 Ok Reg 1549, eff 6-11-05; Amended at 23 Ok Reg 2837, eff 6-25-06; Amended at 24 Ok Reg 2375, eff 6-25-07; Amended at 27 Ok Reg 2293, eff 7-11-10]