Greetings All:

Quick question.  My municipality is having an auction this Saturday.  One of the real properties being sold is described in advertising as "Lots 1-6 in Block 38 ..." The correct legal description is "Lots One (1), Two (2), Three (3), Four (4), Five (5) and Six (6) in Block 39 ...".  So in the advertising the Block number is incorrect.  It appears that the common address provided is correct?

Any issues with correcting at auction and proceeding with the sale?

Thanks.

I would require the legal be corrected and new notice and bidding occur.  I believe that the legal description would be considered more important than the address, and that where the two do not match there is at least an ambiguity that could have affected a person's decision on whether or not to bid.  Also, while no warranty will likely be provided in the sale, the incorrect Block reference would likely be enough of an error in the process that a title company would deny issuance of title insurance - both for this transaction and possibly in the future until a new root of title is established -- and therefore it would likely be enough for someone to successfully challenge the legality of the City's sale proceeding.  Ask yourself: If a published notice for rezoning had this same error, would you require correction and publication of new notice before the planning commission rezoned the property?

Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma  73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155

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From: Oama oama-bounces@lists.imla.org On Behalf Of Michael Beason
Sent: Tuesday, September 22, 2020 2:58 PM
To: oama@lists.imla.org
Subject: [Oama] Erroneous Legal Description

Greetings All:

Quick question.  My municipality is having an auction this Saturday.  One of the real properties being sold is described in advertising as "Lots 1-6 in Block 38 ..." The correct legal description is "Lots One (1), Two (2), Three (3), Four (4), Five (5) and Six (6) in Block 39 ...".  So in the advertising the Block number is incorrect.  It appears that the common address provided is correct?

Any issues with correcting at auction and proceeding with the sale?

Thanks.