Re: [Oama] foreclosure of municipal weeds & trash / delapidated building liens in Oklahoma
No agreement with OK County but they collect at tax sale time and a person purchasing a tax certficate is required to pay all tax liens. This is pursuant to 11 ok stat 22-112 which provides:
. Once certified to the county treasurer, payment may only be made to the county treasurer except as otherwise provided for in this section. The costs shall be levied on the property and collected by the county treasurer as are other taxes authorized by law. Until finally paid, the costs and the interest thereon shall be the personal obligation of the property owner from and after the date of the notice of dilapidation and lien is filed with the county clerk. In addition the cost and the interest thereon shall be a lien against the property from the date the notice of the lien is filed with the county clerk. The lien shall be coequal with the lien of ad valorem taxes and all other taxes and special assessments and shall be prior and superior to all other titles and liens against the property. The lien shall continue until the cost is fully paid.
I believe it to be legally possible for the city to purchase the property at a tax sale and become the owner. Perhaps you could get a local legislator to get an AG opinion if the treasurer refuses to collect.
CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.
s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com
From: Lou Ann Moudy louann@moudylaw.com
Sent: Tuesday, July 7, 2020 2:38 PM
To: Jeff Bryant jbryant@omag.org; david davis ddavislaw@live.com; Steven Holloway hipshot.steven@gmail.com
Subject: RE: [Oama] foreclosure of municipal weeds & trash / delapidated building liens in Oklahoma
Counsel, we cannot get our County Treasurer to collect the liens when there is a tax sale. I would be interested in any agreement you have with your county to collect the liens at the time of tax sale and/or resale. I would also like to know if there are any municipalities that purchase the properties with the liens at the tax sale and then recoup the costs upon a surplus sale or use the property for municipal purposes, like a pocket park, etc.
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Jeff Bryant via Oama
Sent: Tuesday, July 07, 2020 12:58 PM
To: david davis ddavislaw@live.com; Steven Holloway hipshot.steven@gmail.com; oama@lists.imla.org
Subject: Re: [Oama] foreclosure of municipal weeds & trash / delapidated building liens in Oklahoma
Yes,
That was our experience in Norman as well. Once the lien is filed with the County Clerk we just wait for foreclosure, refinance, or transfer of ownership and then the lien get paid.
Jeff Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.orgmailto:jbryant@omag.org
[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.orghttps://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7C%7Cd1eea5ff2f824c064cd908d822ad5d8c%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637297475271697225&sdata=Fxto68mzQxZrtlV1HD4kr9Eh2P%2FgEXCwT2G5%2FYHLoec%3D&reserved=0
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of david davis
Sent: Tuesday, July 7, 2020 12:28 PM
To: Steven Holloway <hipshot.steven@gmail.commailto:hipshot.steven@gmail.com>; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] foreclosure of municipal weeds & trash / delapidated building liens in Oklahoma
In my experience most of the weed abatements get paid in foreclosure of mortgage proceedings or by collection by county treasurer. The dilapidated building liens usually are uncollectable since the costs exceed the value of the vacant lot and in most cases the advalorem taxes havent been paid for at least 3 years. The liens are co-equal in priority to advalorem tax liens and you will likely be served in foreclosure proceedings if you have filed your lien with county clerk.
CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.
s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> on behalf of Steven Holloway <hipshot.steven@gmail.commailto:hipshot.steven@gmail.com>
Sent: Tuesday, July 7, 2020 12:12 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] foreclosure of municipal weeds & trash / delapidated building liens in Oklahoma
To my colleagues;
What are your experiences foreclosing municipal weeds & trash / dilapidated building liens in Oklahoma?
I haven’t located any Oklahoma cities or towns that have pursued this avenue of recourse; probably for good reason.
Pros and cons are appreciated.
Steven L. Holloway
Attorney at Law
P.O. Box 932
Elk City, OK 73648
580-225-0392
I don't recall an agreement with Cleveland County Clerk, but as cited in the statute below the lien is co-equal with a lien for ad valorem taxes. There as a case that dealt with Hotel Motel taxes assessed by OkC that characterized them as "personal taxes" that did not run with the land, but under this statutory section I think that case is distinguishable. (See City of Oklahoma City v. Habana Inn, 1987 OK CIV APP 81)
Jeff Bryant
From: Oama oama-bounces@lists.imla.org On Behalf Of david davis
Sent: Tuesday, July 7, 2020 2:49 PM
To: Lou Ann Moudy louann@moudylaw.com; oama@lists.imla.org
Subject: Re: [Oama] foreclosure of municipal weeds & trash / delapidated building liens in Oklahoma
No agreement with OK County but they collect at tax sale time and a person purchasing a tax certficate is required to pay all tax liens. This is pursuant to 11 ok stat 22-112 which provides:
. Once certified to the county treasurer, payment may only be made to the county treasurer except as otherwise provided for in this section. The costs shall be levied on the property and collected by the county treasurer as are other taxes authorized by law. Until finally paid, the costs and the interest thereon shall be the personal obligation of the property owner from and after the date of the notice of dilapidation and lien is filed with the county clerk. In addition the cost and the interest thereon shall be a lien against the property from the date the notice of the lien is filed with the county clerk. The lien shall be coequal with the lien of ad valorem taxes and all other taxes and special assessments and shall be prior and superior to all other titles and liens against the property. The lien shall continue until the cost is fully paid.
I believe it to be legally possible for the city to purchase the property at a tax sale and become the owner. Perhaps you could get a local legislator to get an AG opinion if the treasurer refuses to collect.
CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.
s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com
From: Lou Ann Moudy <louann@moudylaw.commailto:louann@moudylaw.com>
Sent: Tuesday, July 7, 2020 2:38 PM
To: Jeff Bryant <jbryant@omag.orgmailto:jbryant@omag.org>; david davis <ddavislaw@live.commailto:ddavislaw@live.com>; Steven Holloway <hipshot.steven@gmail.commailto:hipshot.steven@gmail.com>
Subject: RE: [Oama] foreclosure of municipal weeds & trash / delapidated building liens in Oklahoma
Counsel, we cannot get our County Treasurer to collect the liens when there is a tax sale. I would be interested in any agreement you have with your county to collect the liens at the time of tax sale and/or resale. I would also like to know if there are any municipalities that purchase the properties with the liens at the tax sale and then recoup the costs upon a surplus sale or use the property for municipal purposes, like a pocket park, etc.
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Jeff Bryant via Oama
Sent: Tuesday, July 07, 2020 12:58 PM
To: david davis <ddavislaw@live.commailto:ddavislaw@live.com>; Steven Holloway <hipshot.steven@gmail.commailto:hipshot.steven@gmail.com>; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] foreclosure of municipal weeds & trash / delapidated building liens in Oklahoma
Yes,
That was our experience in Norman as well. Once the lien is filed with the County Clerk we just wait for foreclosure, refinance, or transfer of ownership and then the lien get paid.
Jeff Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.orgmailto:jbryant@omag.org
[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.orghttps://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cjbryant%40omag.org%7C874f79da433a45190fe908d822aed81a%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637297481645443753&sdata=A%2Fzuql3b7GYGCEjrHEHYt3hWK9tGqietEnC29qc8UeQ%3D&reserved=0
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of david davis
Sent: Tuesday, July 7, 2020 12:28 PM
To: Steven Holloway <hipshot.steven@gmail.commailto:hipshot.steven@gmail.com>; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] foreclosure of municipal weeds & trash / delapidated building liens in Oklahoma
In my experience most of the weed abatements get paid in foreclosure of mortgage proceedings or by collection by county treasurer. The dilapidated building liens usually are uncollectable since the costs exceed the value of the vacant lot and in most cases the advalorem taxes havent been paid for at least 3 years. The liens are co-equal in priority to advalorem tax liens and you will likely be served in foreclosure proceedings if you have filed your lien with county clerk.
CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.
s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> on behalf of Steven Holloway <hipshot.steven@gmail.commailto:hipshot.steven@gmail.com>
Sent: Tuesday, July 7, 2020 12:12 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] foreclosure of municipal weeds & trash / delapidated building liens in Oklahoma
To my colleagues;
What are your experiences foreclosing municipal weeds & trash / dilapidated building liens in Oklahoma?
I haven't located any Oklahoma cities or towns that have pursued this avenue of recourse; probably for good reason.
Pros and cons are appreciated.
Steven L. Holloway
Attorney at Law
P.O. Box 932
Elk City, OK 73648
580-225-0392
