Griffin v. Teague

2005 OK CIV APP 40, 115 P.3d 899, 76 O.B.A.J. 1553, 2005 Okla. Civ. App. LEXIS 23, 2005 WL 1524593
CourtCourt of Civil Appeals of Oklahoma
DecidedApril 19, 2005
DocketNo. 100,894
StatusPublished
Cited by1 cases

This text of 2005 OK CIV APP 40 (Griffin v. Teague) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Griffin v. Teague, 2005 OK CIV APP 40, 115 P.3d 899, 76 O.B.A.J. 1553, 2005 Okla. Civ. App. LEXIS 23, 2005 WL 1524593 (Okla. Ct. App. 2005).

Opinion

Opinion by

JOHN F. REIF, Presiding Judge:

¶ 1 This appeal arises from a suit brought by Larry Griffin to recover damages from the owners of Hop & Loc Storage for selling Mr. Griffin’s stored property to collect delinquent rent. Mr. Griffin alternatively alleged that the sale constituted conversion, or unjust enrichment, because it was not done in compliance with the Self-Service Storage Facility Lien Act. 42 O.S.2001 §§ 191 through 200. Mr. Griffin sought summary judgment on the issue of liability, contending the timing and content of Hop & Loc’s mailed notice of sale and published notices of sale did not comply with the provisions of the Act. He has asserted that the deficiencies in these regards denied him the opportunity to redeem his property provided by the Act. In response, Hop & Loc filed a counter-motion for summary judgment that argued that the Act was not exclusive and, in fact, expressly preserved other rights and contractual remedies to the parties. Hop & Loc offered evidentia-ry material that showed it sold the property in accordance with the terms of the storage [901]*901agreement. The trial court denied Mr. Griffin’s motion for summary judgment and granted summary judgment in favor of Hop & Loc. Mr. Griffin appeals.

¶ 2 In reading the Act, it is clear that the legislature provided a lien to owners of self-storage facilities to secure the payment of rent for the storage space, and specified the procedure to foreclose the lien given by the Act. It is equally clear, however, that owners of self-storage facilities who do not seek the lien protection of the Act have other lien protection as may be provided by law or by special contract or agreement.

¶ 3 We observe that the legislature expressly provided: “Nothing in this act shall be construed as in any manner impairing or affecting the right of parties to create liens by special contract or agreement, nor shall it in any manner affect or impair other liens arising at common law[,] in equity, or by any statute of this state.” 42 O.S.2001 § 199. The legislature also said: “If the requirements of this act are not satisfied, if the sale of the personal property is not in conformity with the notice of sale, or if there is a willful violation of this act, nothing in this section [governing enforcement of the lien,] affects the rights and liabilities of the owner, occupant or any other person.” 42 O.S.2001 § 197(N).

¶4 Oklahoma has long recognized that the owner-lessor of a self-storage facility has a lien for unpaid rent under 42 O.S.2001 § 91.1 Security National Bank and Trust Company of Norman v. Reiginger, 1980 OK 70, 610 P.2d 1222. The chief difference (aside from enforcement procedure) between the lien under the Self-Service Storage Facility Lien Act and the lien under section 91 is the date of attachment of the lien. Under section 197(B) of the Act, “the lien attaches as of the date the personal property is brought to the self-service storage facility,” while the lien under section 91 does not attach until the owner-lessor assumes possession of the stored property upon default.

¶ 5 In the case at hand, the contract between Mr. Griffin and Hop & Loc does not purport to have a lien attach as of the date of delivery of the property to the storage facility and, in fact, is silent on the subject of a lien. The contract states the rental unit and property therein are in the possession of the lessee until a default occurs. It is only upon default that Hop & Loc “take[s] immediate possession of the premises together with all property therein.” The contract of the parties clearly evinces an intent that their contract, and any lien rights that may arise thereunder, are outside the ambit of Self-Service Storage Facility Lien Act, a choice reserved to them by the Act.

¶ 6 At the point that Hop & Loc assumed possession of the stored property, however, Hop & Loc became a bailee of the property until Hop & Loc decided to enforce its rights against the property. We make this observation, because title to stored property did not change upon default. (Compare with Tompkins v. Mayers, 209 Ga.App. 809, 434 S.E.2d 798, 800 (1993), where the owner “relinquished all claim to the goods and assigned title to the owner [of the storage facility].”) Mr. Griffin’s title simply became burdened with a lien for further storage of the property.

¶ 7 One point upon which we do agree with Mr. Griffin is that a sale of the property in accordance with terms of the rental contract is not alone sufficient in view of the fact that the rental contract does not assign title or create a lien by “special agreement.” Even though Hop & Loc’s sale of the stored property does not have to comply with the procedure set forth in § 197 of the Act (because Hop & Loc is not foreclosing the lien given by the Act), Hop & Loc did have to comply with the provisions of section 91 in foreclosing its lien by sale of the property.

¶ 8 Section 91 specifies that a lien arising under its provisions may be foreclosed by a sale of the affected personal property upon a notice that contains (1) the names of the owner or any other party who may claim an interest in the property, (2) a description of the property to be sold, (3) the nature of the service performed and the date thereof, (4) the time and place of sale, and (5) the name [902]*902of the party foreclosing the lien. Section 91 also requires the notice to be posted in three public places in the county where the property is to be sold at least ten days before the date of sale specified in the notice. Section 91 further states that a copy of the notice shall be mailed by registered mail to the owner and any other party claiming any interest, at their last known post office address, on the day of the posting of the notice. Finally, Section 91 does not allow proceedings for foreclosure to be commenced until thirty days after the lien has accrued.

¶ 9 The record in the case at hand contains a copy of the notice that Hop & Loc mailed by certified mail return receipt requested on January 17, 2003. The notice was mailed to the last known address for Mr. Griffin but was returned because the forwarding period had expired. The notice contains a bold caption that identifies it as a “LIEN NOTICE” and states that it is based on “failure to pay rent [and] default since 3/21/02.” The notice further advises that Hop & Loc Storage claims a lien on “personal property pursuant to 42 O.S.A. Section 91” and describes the property by reference to “UNIT # K44.” The notice also states “[i]f the claim is not satisfied by 2/1/03, the contents of unit will be sold at public auction as scheduled below.” The notice identifies Larry Griffin as the owner of the property. The notice declares that “[t]he nature of the service performed by Hop & Loc Storage is the protection and storage of the above described property” and itemizes the charges due for such service. The notice advises that the sale of the contents of the unit will take place on February 3, 2003, at the address of Hop & Loc Storage. The notice concludes by advising that it “is being posted at the following three (3) public places in this county” and identifies those places.

¶ 10 Measuring the notice of January 17, 2003, against the requirements set forth in section 91, reveals that Mr. Griffin’s default occurred, and Hop & Log’s lien accrued, March 21, 2002. This is almost eleven months prior to the notice.

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Cite This Page — Counsel Stack

Bluebook (online)
2005 OK CIV APP 40, 115 P.3d 899, 76 O.B.A.J. 1553, 2005 Okla. Civ. App. LEXIS 23, 2005 WL 1524593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffin-v-teague-oklacivapp-2005.