to consider whether Mike's efforts to notify Citifinancial of the sale were reasonably calculated to satisfy due process.
However, we conclude the evidentiary record was insufficient for the district court to resolve the due process issue on summary judgment. In its memorandum in opposition to Mike's motion for summary judgment, Citifinancial attached the affidavit of its assistant vice president, Jon Markwell. Markwell stated that he requested and obtained a CARFAX report on the Mustang on January 10, 2007, based on the make, model, and VIN of the Mustang. The CARFAX report indicated that the Mustang was titled in Nevada and had a lien on the title. Markwell stated that any individual in possession of the Mustang could have easily made an inquiry with CARFAX and followed up with theNevada division of vehicles to determine the name of the owner and any lienholders. Based only on Markwell's affidavit, the district judge concluded that "Mike's could have determined the previous owner through CARFAX."
On the other hand, Mike's attached an affidavit from the executive director of the KMCA, Thomas A. Whitaker, to its memorandum in opposition to Citifinancial's motion for summary judgment. In the affidavit, Whitaker stated that to the best of his knowledge and belief there is no government system for performing a nationwide search for the owner of a vehicle, other than conducting a search for stolen vehicles through the National Crime Information Center (NCIC).
Here, the record is silent as to whether Mike's was aware of CARFAX and the record is disputed as to whether Mike's could