Oklahoma § 42-180 - Liens against manufactured homes – Repossession - Notice

§ 42-180. Liens against manufactured homes – Repossession - Notice

A. Unless the owner of the real property on which a

manufactured home is located has a possessory lien with priority

over a creditor having a perfected security interest or a lien

recorded on the document of title issued on the manufactured home,

it shall be unlawful for the owner of the real property to refuse to

allow the secured creditor to repossess and move the manufactured

home. If the owner of the real property on which a manufactured

home is located has a possessory lien pursuant to Section 91 or

Section 91A of this title, and a creditor with a perfected security

interest in that manufactured home pays to the owner of real

property that portion of the possessory lien having priority over

the creditor, the owner of the real property must allow the creditor

to repossess and move the manufactured home. If the owner of the

real property refuses to allow the creditor to repossess and move

the manufactured home as required by this subsection, that owner of

real property shall be liable to the creditor for each day that the

owner of the real property unlawfully maintains possession of the

manufactured home at a daily rate equal to one-thirtieth (1/30) of

the monthly rental or storage payment last paid by the consumer to

the owner of the real property, or if no payment has been made, the

payment required pursuant to the contract between the secured

creditor and the consumer. The prevailing party shall be entitled

to reasonable attorney fees and costs.

B. Upon the bankruptcy of a consumer owning a manufactured home

located on real property owned by another person and subject to

rental or storage charges, the secured creditor shall, within five

(5) days after receipt of notice of the bankruptcy, give notice to

the owner of the real estate by certified mail, return receipt

requested, if the location of the manufactured home is known. If

the secured creditor fails to give required notice to the owner of

the real estate, the creditor will be liable for post-bankruptcyfiling storage or rental charges not paid by the trustee in

bankruptcy.

Added by Laws 1988, c. 226, § 1, eff. Nov. 1, 1988. Amended by Laws

1989, c. 366, § 1, eff. Nov. 1, 1989; Laws 2003, c. 409, § 2, eff.

Nov. 1, 2003; Laws 2006, c. 77, § 3, eff. July 1, 2006; Laws 2006,

c. 247, § 4.