a newspaper in the city or county where the sale takes place, and Mike's satisfied this statutory requirement.
Citifinancial cites Sells v. Muncie Auto Salvage, Inc., No. 97,835, ___ Kan. ___, 2008 WL 762520 unpublished opinion filed March 21, 2008, and argues that Mike's should have done more than contact the division of vehicles in order to determine the owner of the Mustang and any lienholders. In Sells, the plaintiff notified the Kansas City, Missouri, Police Department that a work truck had been stolen from his place of business. On the same day, the Kansas Highway Patrol (KHP) found the truck on a highway in Kansas City, Kansas, where it had been involved in a collision. At the KHP's request, the defendant towed the truck back to its lotin Kansas City, Kansas.
The next day, the defendant sent a vehicle records request to the division of vehicles, which was returned with the notation "no record." Even though the truck had a Missouri license plate, the defendant did not send any records request to the State of Missouri. A few weeks later, the defendant published notice of its intent to sell the truck to satisfy the storage lien. Prior to the sale, the defendant received notice from an insurance company that the truck had been reported stolen. Nevertheless, the defendant proceeded with an auction, and the defendant made a credit bid on the truck to satisfy the storage lien.
About a month after the auction, the plaintiff learned from the KHP that his truck was at the defendant's lot.