Citifinancial Auto, Inc. v. Mike’s Wrecker Service, Inc.
Citation: 41 Kan.App.2d914,206P.3d63 (2009) · Decided: 2009-05-01 · Court: Kansas Court of Appeals. Full reporter opinion retrieved from the Caselaw Access Project; this is an unofficial host of primary judicial text, with the original JSON preserved.
Source note (2026-10-18):
- Links on this page to
https://static.case.law/kan-app-2d/41/cases/0914-01.jsonare an (unofficial Caselaw Access Project copy, retrieved before 2026-10-18; host disallows automated access); no official or otherwise permitted full-text copy was located on 2026-10-18.
Facts
Police had an un plated Nevada-titled Mustang towed. Kansas verification returned no record. Later February 20 publication advertised a February 21,2006 auction. Tower bought the USD 11,000–12,000 car for a USD 500 credit against USD 870 charges, then resold it. Lender sued for conversion of its USD 8,641.52 lien and in-rem foreclosure. Trial court awarded summary judgment against tower; claims against downstream buyer/credit union were dismissed with prejudice by agreement.
Holding And Reasoning
Reversed/remanded. Then 8-1104 required Kansas verification, not state-by-state search; that statutory requirement was met. Tower own credit bid against greater debt satisfied the cash rule. Late former 8-1107 papers lost presumptive-evidence benefit but did not itself void sale. Due process still required reasonably calculated notice under the circumstances. Record was insufficient to determine whether CARFAX, NCIC, interstate records or documents in car would reasonably disclose owner/lender. Discovery was required; court did not finally decide constitutional adequacy or invalidate every such sale. Sells factually distinguished. Amicus-only federal motor-carrier preemption issue declined as unpreserved.
Practical Impact And Verified Treatment
Current 8-1104 adds specified interstate search with exceptions;8-1109 certification applies from January 1,2024 and 8-1107 is repealed. Old Kansas-only statutory baseline cannot be used as current procedure. Opinion did not decide downstream buyer claims or impose universal CARFAX mandate. Related later primary authority, not a direct citing decision: Sipple Bey v City of Emporia, No 26-4022-JWB, Doc 61(D. Kan. September 10,2026), pp 15–16, dismisses a private-tower section 1983 claim where only police-directed towing and statutory sale notice were adequately alleged, not an actual attempted/completed sale or joint state participation in the challenged act. Trust claims also required counsel; individual pleading defects were independent grounds. The order does not overrule Citifinancial or adjudicate a completed purchaser title. Its other rulings dispose of judicial-immunity, qualified-immunity, Monell and pleading claims; surreply/amendment denied and interim injunctions moot. Full 17 page order recovered from GovInfo after a separate Justia 403 attempt.
Primary decision: 41 Kan.App.2d914,206P.3d63 (2009). Current statutes/later primary treatment: 8-1103, 8-1104, 8-1107, 8-1109, retrieved primary treatment.
Status Boundary
The complete holding and the stated statutory/later-opinion treatment are verified. This is not a comprehensive still-good-law certificate or an assertion that every later citing decision has been reviewed. No negative-treatment conclusion is inferred from an empty search. The cited older provisions apply only to the historical transaction unless current text is separately identified.
Applies In
kansas · court-ordered-administrative-and-creditor-sales
Legal information, not legal advice. Verify the current primary authorities and actual transaction/order before acting.