Legal Question in Real Estate Law in Oklahoma

Re: how to file a lien on a mobile home left on my property for cost of move and

Thank you for your question. Oklahoma statues (42 O.S. � 180) provides for a lien to an owner of real property for storage or rental changes pursuant to a contract with the owner and consumer. I would recommed that you review the statute at the below site. It requires that a notice by certified mail return receipt requested be sent to any creditor with a perfected security interest. The notice should state that you are claiming a Possessory Lien on the mobile home; identify the home with serial number, tag number and consumer;include the amount of the monthly storage or rent; accrued total; and date that the consumer abandoned or last made payment. This information should be sent to the address listed on the Lien entry form which the creditor filed to record his lien on the title or on the title itself. It is my belief that a copy of the same notice should be sent to the consumer at the last address known. Any storage/rental charges accruing ten days after the notice is sent has a priority over the lien of the creditor. During the ten days following mailing of notice, the creditor has a right to take the home by repossession. So the answer is that if you come within the statutes protection, you have a lien for storage/rental which is subordinate to that lien of a secured creditor who has a properly perfected security interest until you have provided the notice required. The next issue would be how to foreclose such a lien. Until recently this could be done through the Oklahoma Tax Commission with forms and instructions they would provide. No Longer. There is confusion about how it is to be done now. For the best protection against claims that you didnt foreclose your lien properly, I would suggest a court proceeding using an attorney. That's what I do if you are interested.

LINK: http://www.oscn.net/applications/oscn/index.asp?ftdb=STOKST42&level=1