Can I sell an abandoned vehicle in Oklahoma that has sold once, but still I have the title?
Full Question:
Sold a travel trailer to a lady 3 years ago. She never transferred title. The trailer got impounded. She contacted me, said I could have the trailer back if I would get it out of impound as long as she could get her belongings out of it. I spent $1100 and retook possession of the trailer from the impound lot. She then has tried to get me arrested for stealing the trailer. It is titled and tagged in my name and up to date. I told her she can get the trailer as long as she pays me back. She won’t come get the trailer. Can I sell it as abandoned?
05/08/2017 |
Category: Abandoned Pr... » Vehicles |
State: Oklahoma |
#36855
Answer:
The statutes in this regard are given below:
47 Okl. St. § 907
Special Liens
Every person lawfully in possession of an abandoned vehicle shall have a special lien thereon for the compensation due him from the owner of such abandoned vehicle for all expenses incurred.
47 Okl. St. § 908
Foreclosure of Lien--Notice
Said lien may be foreclosed by a sale of such abandoned vehicle upon giving notice and in the manner following: The notice shall contain:
(a) The name of the party bringing action and the name of the owner or any person claiming any interest therein.
(b) A full description of the vehicle, giving all available information as to the make, year, serial number, license tag with year and the state from which the tag was issued.
(c) A full statement of all the facts.
(d) The amount of the claim, giving a full description of the work, labor, storage or any other costs involved.
(e) The date, time and place of the sale.
(f) The notice shall be posted in three public places in the county in which the vehicle is to be sold at least ten (10) days before the time specified therein for such sale, and a copy of said notice shall be mailed to the owner and any other person claiming any interest in the abandoned motor vehicle, at their last-known mailing address, by registered mail on the same date of posting said notice.
47 Okl. St. § 909
Time to Commence Proceedings
Proceedings for such sale under this act shall not be commenced until ten (10) days after said lien has accrued.
47 Okl. St. § 910
Return of Sale
A return of such sale shall be made at the time of sale and proof of posting and mailing of the notice of sale of abandoned vehicle.
47 Okl. St. § 911
Disbursement of Proceeds from Sale of Abandoned Vehicle
1. to the reasonable cost incurred in the sale of the abandoned vehicle;
2. to the satisfaction of the special lien provided for in Section 907 of this title;
3. to the satisfaction of any indebtedness secured by a subordinate security interest or lien in the vehicle;
4. to the owner if such owner is known, and if such owner or the address of such owner is not known, to the Oklahoma Tax Commission to be remitted to the State Treasurer and by him deposited in the General Revenue Fund.
