dissenting.
Because I cannot agree that the law authorizes this result, I must respectfully dissent. In my view, the trial court erred in its legal analysis, and we owe the trial court no deference to that ruling. On mixed questions of fact and law, an appellate court accepts the trial court’s findings on disputed facts and witness credibility unless they are clearly erroneous, but independently applies the law to the facts. Morrow v. State, 272 Ga. 691, 693 (1) (532 SE2d 78) (2000).
Applying this standard of review, I find that the trial court placed on GMAC an impermissible burden that is not recognized by our law. The result of the trial court’s reasoning is to “deputize” lien holders as de facto police officers, and once a police authority, apparently no matter how informally, notifies a lien holder that the police believe that the company should exercise its right to repossess a vehicle, the company’s only safe recourse is to do so. I cannot agree with that proposition.
Under the facts of this case, I do not believe that anyone seriously questions that GMAC was an innocent interest holder under OCGA § 16-13-49 (e); thus, in my view, the question presented is whether the State can change that status based on a mere telephone call telling them that GMAC should do what the State, with equal or greater knowledge, refused to do.
I find that State of Ga. v. Tucker, 242 Ga. App. 3 (528 SE2d 523) (2000), and the other nonlien holder cases on which the majority, the State, and the trial court rely, do not apply in this circumstance. For example, the auto dealer in Tucker was an owner, not an interest holder, and thus had a greater right to control the pickup because the truck was its own property. Moreover, it is obvious from the evidence recited in Tucker, that Tucker was a family member of the supposedly innocent owners of the truck. As family members, they undoubtedly knew of Tucker’s criminal history with drug offenses, and apparently knew this information before allowing Tucker to take possession of the truck. Further, because they were the truck’s owners, they could merely refuse to allow Tucker to use the truck and would not face legal consequences for doing so, even if they did so wrongly.
Here, no evidence shows that at the time it acquired its security interest in the truck GMAC had any knowledge, or that it could have reasonably known, that Childrey would later use the truck for purposes which made the vehicles subject to seizure. Further, contrary to the potential liability of an owner, GMAC, as only the holder of a security interest, could expect to be sued for wrongful repossession if it repossessed the vehicles and it was later determined for some reason that the repossession was not authorized.
*479[A] wrongful repossession occurs when the repossession is accompanied by an act that is in contravention of some legal duty owed to the party from whose possession the vehicle is being taken. In the context of a wrongful repossession, a wrongful act means any act which in the ordinary course will infringe upon the rights of another to his damage, unless it is done in the exercise of an equal or superior right. When the term wrongful is used as an element of this tort, it is used in its more comprehensive sense to include that conduct which is in contravention of some legal duty owed to the party from whose possession the vehicle is being taken.
(Punctuation and footnotes omitted.) Corbin v. Regions Bank, 258 Ga. App. 490, 492 (1) (574 SE2d 616) (2002). In any event, I question whether GMAC would be authorized to repossess the truck under the information made known to it by the police officer. This was only a telephone call. The was not a request from the district attorney. Further, even though the officer said that he would follow up with a letter, this was not done. Also, this is not a case in which GMAC did nothing. It investigated, found that Childrey was in jail, and that this pickup was being used allegedly by an employee in Childrey’s business. More persuasively, with the same information available to it, the State refused to seize the vehicle. Thus, if GMAC had repossessed the truck based solely on the telephone call and its investigation and if Childrey sued for wrongful repossession, it would not be impossible for a jury to decide that the repossession was wrongful.
Moreover, I am not certain that GMAC could lawfully repossess the vehicles under the circumstances existing in this case. From the evidence introduced at trial, all of the vehicles were involved in drug possession for which the State executed its search warrant in June 2002. Thus, a repossession would have been contrary to the interests of the State.
“All property declared to be forfeited under OCGA § 16-13-49 vests in this state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time.” OCGA § 16-13-49 (t) (1). In other words, when property is subject to forfeiture for violation of the law, title vests absolutely in the government on the date of the illegal act. Seizure and a subsequent decree of forfeiture merely confirms the forfeiture that has already taken place.
(Citations and punctuation omitted.) English v. State, 202 Ga. App. 751, 753 (2) (415 SE2d 659) (1992). Thus, if GMAC had repossessed *480the truck, the State could have asserted an interest in the proceeds. Additionally, the procedures adopted by the State and ratified by the trial court and the majority are contrary to the State’s interest in forfeiture actions. Even though an economic interest has certainly arisen in these cases, the State’s “interest is only to prevent a guilty party from further misusing the property.” (Citation omitted.) State of Ga. v. Sewell, 155 Ga. App. 734, 735 (2) (272 SE2d 514) (1980); Hallman v. State of Ga., 141 Ga. App. 527, 528 (2) (233 SE2d 839) (1977). In this case, the State’s inaction, apparently while attempting to eliminate GMAC’s innocent holder defense, allowed Childrey to continue to misuse the truck. Also, these procedures are contrary to the two legislative purposes of promptly disposing of property subject to forfeiture under the statute and protecting the property interests of innocent owners, as defined by the statute. State of Ga. v. Jackson, 197 Ga. App. 619, 621 (1) (399 SE2d 88) (1990). This record clearly shows that the police officer subverted the statute’s real goals to one of economic interest only. This subversion is demonstrated by the officer’s testimony that the reason that the State did not seize the other vehicles was that no equity was involved because too much money was owed on them, and his sole reason for calling GMAC was to make them aware of the situation so as to prejudice their status as an innocent owner. Further, the police seized another vehicle because “[i]t was very favorable for the sheriffs office to pay ... off’ the small lien on the car.
Decided July 13, 2004 Sutherland, Asbill & Brennan, Valerie S. Sanders, William D. Barwick, Thomas M. Byrne, McCullough & Payne, John G. McCullough, for appellant. Andrew T. Jones, GaryD. Bergman, Assistant District Attorneys, for appellee.Under these circumstances, as I believe the trial court’s judgment should be reversed, I must respectfully dissent.