Liens
Group,
I recall a discussion regarding whether a lien for costs of cleanup of property may or may not exceed for a one year period once it is properly validated and filed of record. Our County Treasurer states the lien is extinguished after one year and will not collect the costs with the annual ad valorem taxes. Can someone enlighten me on this issue?
If the liens do expire and our costs are not recouped through the treasurer, does anyone have any other remedies that might be practical? Our code enforcement folks are discouraged and are basically taking the position filing the lien is worthless and a waste of the filing fee. I will certainly agree this is true on 99% of the properties we have to mow and for demolition of dangerous structures.
Any ideas would be appreciated.
Thanks,
Brad Carter
City of Seminole
Did the treasurer tell you the authority for their position? I don't think it's consistent with 11 O.S. 22-111(A)(6), which includes the following:
In addition the cost and the interest thereon shall be a lien against the property from the date the cost is certified to the county treasurer, coequal with the lien of ad valorem taxes and all other taxes and special assessments and prior and superior to all other titles and liens against the property, and the lien shall continue until the cost shall be fully paid.
The only statute that I can think of that might justify the treasurer's position is 42 OS § 177, but it doesn't apply to your situation based on its language (for a number of reasons).
If the treasurer isn't receptive to this, you might talk with the DA - sometimes the DA will help by advising county officers when they are off base.
Please keep us updated.
Kim Spady
-----Original Message-----
From: Law office via Oama oama@lists.imla.org
Sent: Thursday, July 27, 2023 2:54 PM
To: OAMA Group oama@lists.imla.org
Subject: [Oama] Liens
Group,
I recall a discussion regarding whether a lien for costs of cleanup of property may or may not exceed for a one year period once it is properly validated and filed of record. Our County Treasurer states the lien is extinguished after one year and will not collect the costs with the annual ad valorem taxes. Can someone enlighten me on this issue?
If the liens do expire and our costs are not recouped through the treasurer, does anyone have any other remedies that might be practical? Our code enforcement folks are discouraged and are basically taking the position filing the lien is worthless and a waste of the filing fee. I will certainly agree this is true on 99% of the properties we have to mow and for demolition of dangerous structures.
Any ideas would be appreciated.
Thanks,
Brad Carter
City of Seminole
--
Oama mailing list -- oama@lists.imla.orgmailto:oama@lists.imla.org To unsubscribe send an email to oama-leave@lists.imla.orgmailto:oama-leave@lists.imla.org
We have a problem in Okmulgee that the County Treasurer will not collect the assessments at the tax sale and will only collect the ad valorem taxes then says our lien was extinguished. It is not under the statute Kim cited. There is no statute of limitations -- it is coequal for payment /priority but the statute says LIEN SHALL CONTINUE UNTIL THE COST SHALL BE FULLY PAID.
From: Kimberlee Spady via Oama oama@lists.imla.org
Sent: Thursday, July 27, 2023 3:15 PM
To: Law office bradcarterlawoffice@gmail.com; OAMA Group oama@lists.imla.org
Subject: [Oama] Re: Liens
Did the treasurer tell you the authority for their position? I don't think it's consistent with 11 O.S. 22-111(A)(6), which includes the following:
In addition the cost and the interest thereon shall be a lien against the property from the date the cost is certified to the county treasurer, coequal with the lien of ad valorem taxes and all other taxes and special assessments and prior and superior to all other titles and liens against the property, and the lien shall continue until the cost shall be fully paid.
The only statute that I can think of that might justify the treasurer’s position is 42 OS § 177, but it doesn’t apply to your situation based on its language (for a number of reasons).
If the treasurer isn’t receptive to this, you might talk with the DA – sometimes the DA will help by advising county officers when they are off base.
Please keep us updated.
Kim Spady
-----Original Message-----
From: Law office via Oama oama@lists.imla.org
Sent: Thursday, July 27, 2023 2:54 PM
To: OAMA Group oama@lists.imla.org
Subject: [Oama] Liens
Group,
I recall a discussion regarding whether a lien for costs of cleanup of property may or may not exceed for a one year period once it is properly validated and filed of record. Our County Treasurer states the lien is extinguished after one year and will not collect the costs with the annual ad valorem taxes. Can someone enlighten me on this issue?
If the liens do expire and our costs are not recouped through the treasurer, does anyone have any other remedies that might be practical? Our code enforcement folks are discouraged and are basically taking the position filing the lien is worthless and a waste of the filing fee. I will certainly agree this is true on 99% of the properties we have to mow and for demolition of dangerous structures.
Any ideas would be appreciated.
Thanks,
Brad Carter
City of Seminole
--
Oama mailing list -- oama@lists.imla.orgmailto:oama@lists.imla.org To unsubscribe send an email to oama-leave@lists.imla.orgmailto:oama-leave@lists.imla.org
During the recent tax sale, the Caddo County Clerk sold a property the Town of Hinton had cleaned up and then filed a lien. The town purchased the property at the sale for the amount of the lien and taxes/penalties due. Then, the clerk issued a check for the town's lien amount and reimbursed the penalties and interest as well, if I understood correctly. So the town ended up owning the property for around $1,000 (not including the money already spent to clean it).
Of course, if they want to sell it, a quiet title will be necessary. But now that they have an understanding of the process and a good road map, I think they will be more proactive in cleaning up abandoned and neglected properties.
If your municipality can afford to spend the money to clean up dilapidated properties, it is worth working with the county clerk to help them understand and implement the law.
Kim
From: Lou Ann Moudy louann@moudylaw.com
Sent: Friday, July 28, 2023 12:14 PM
To: Law office bradcarterlawoffice@gmail.com; OAMA Group oama@lists.imla.org; Kimberlee Spady kim@spadylaw.com
Subject: Re: [Oama] Re: Liens
We have a problem in Okmulgee that the County Treasurer will not collect the assessments at the tax sale and will only collect the ad valorem taxes then says our lien was extinguished. It is not under the statute Kim cited. There is no statute of limitations -- it is coequal for payment /priority but the statute says LIEN SHALL CONTINUE UNTIL THE COST SHALL BE FULLY PAID.
From: Kimberlee Spady via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org>
Sent: Thursday, July 27, 2023 3:15 PM
To: Law office <bradcarterlawoffice@gmail.commailto:bradcarterlawoffice@gmail.com>; OAMA Group <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Re: Liens
Did the treasurer tell you the authority for their position? I don't think it's consistent with 11 O.S. 22-111(A)(6), which includes the following:
In addition the cost and the interest thereon shall be a lien against the property from the date the cost is certified to the county treasurer, coequal with the lien of ad valorem taxes and all other taxes and special assessments and prior and superior to all other titles and liens against the property, and the lien shall continue until the cost shall be fully paid.
The only statute that I can think of that might justify the treasurer's position is 42 OS § 177, but it doesn't apply to your situation based on its language (for a number of reasons).
If the treasurer isn't receptive to this, you might talk with the DA - sometimes the DA will help by advising county officers when they are off base.
Please keep us updated.
Kim Spady
-----Original Message-----
From: Law office via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org>
Sent: Thursday, July 27, 2023 2:54 PM
To: OAMA Group <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Liens
Group,
I recall a discussion regarding whether a lien for costs of cleanup of property may or may not exceed for a one year period once it is properly validated and filed of record. Our County Treasurer states the lien is extinguished after one year and will not collect the costs with the annual ad valorem taxes. Can someone enlighten me on this issue?
If the liens do expire and our costs are not recouped through the treasurer, does anyone have any other remedies that might be practical? Our code enforcement folks are discouraged and are basically taking the position filing the lien is worthless and a waste of the filing fee. I will certainly agree this is true on 99% of the properties we have to mow and for demolition of dangerous structures.
Any ideas would be appreciated.
Thanks,
Brad Carter
City of Seminole
--
Oama mailing list -- oama@lists.imla.orgmailto:oama@lists.imla.org To unsubscribe send an email to oama-leave@lists.imla.orgmailto:oama-leave@lists.imla.org
I wanted to also add to this there is a new lien bill that will go into effect Nov. 1. Details below.
http://www.oklegislature.gov/BillInfo.aspx?Bill=HB2361&Session=2300
From: Kimberlee Spady via Oama oama@lists.imla.org
Sent: Friday, July 28, 2023 2:08 PM
To: Lou Ann Moudy louann@moudylaw.com; Law office bradcarterlawoffice@gmail.com; OAMA Group oama@lists.imla.org
Subject: [Oama] Re: Liens
During the recent tax sale, the Caddo County Clerk sold a property the Town of Hinton had cleaned up and then filed a lien. The town purchased the property at the sale for the amount of the lien and taxes/penalties due. Then, the clerk issued a check for the town's lien amount and reimbursed the penalties and interest as well, if I understood correctly. So the town ended up owning the property for around $1,000 (not including the money already spent to clean it).
Of course, if they want to sell it, a quiet title will be necessary. But now that they have an understanding of the process and a good road map, I think they will be more proactive in cleaning up abandoned and neglected properties.
If your municipality can afford to spend the money to clean up dilapidated properties, it is worth working with the county clerk to help them understand and implement the law.
Kim
From: Lou Ann Moudy <louann@moudylaw.commailto:louann@moudylaw.com>
Sent: Friday, July 28, 2023 12:14 PM
To: Law office <bradcarterlawoffice@gmail.commailto:bradcarterlawoffice@gmail.com>; OAMA Group <oama@lists.imla.orgmailto:oama@lists.imla.org>; Kimberlee Spady <kim@spadylaw.commailto:kim@spadylaw.com>
Subject: Re: [Oama] Re: Liens
We have a problem in Okmulgee that the County Treasurer will not collect the assessments at the tax sale and will only collect the ad valorem taxes then says our lien was extinguished. It is not under the statute Kim cited. There is no statute of limitations -- it is coequal for payment /priority but the statute says LIEN SHALL CONTINUE UNTIL THE COST SHALL BE FULLY PAID.
From: Kimberlee Spady via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org>
Sent: Thursday, July 27, 2023 3:15 PM
To: Law office <bradcarterlawoffice@gmail.commailto:bradcarterlawoffice@gmail.com>; OAMA Group <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Re: Liens
Did the treasurer tell you the authority for their position? I don't think it's consistent with 11 O.S. 22-111(A)(6), which includes the following:
In addition the cost and the interest thereon shall be a lien against the property from the date the cost is certified to the county treasurer, coequal with the lien of ad valorem taxes and all other taxes and special assessments and prior and superior to all other titles and liens against the property, and the lien shall continue until the cost shall be fully paid.
The only statute that I can think of that might justify the treasurer's position is 42 OS § 177, but it doesn't apply to your situation based on its language (for a number of reasons).
If the treasurer isn't receptive to this, you might talk with the DA - sometimes the DA will help by advising county officers when they are off base.
Please keep us updated.
Kim Spady
-----Original Message-----
From: Law office via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org>
Sent: Thursday, July 27, 2023 2:54 PM
To: OAMA Group <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Liens
Group,
I recall a discussion regarding whether a lien for costs of cleanup of property may or may not exceed for a one year period once it is properly validated and filed of record. Our County Treasurer states the lien is extinguished after one year and will not collect the costs with the annual ad valorem taxes. Can someone enlighten me on this issue?
If the liens do expire and our costs are not recouped through the treasurer, does anyone have any other remedies that might be practical? Our code enforcement folks are discouraged and are basically taking the position filing the lien is worthless and a waste of the filing fee. I will certainly agree this is true on 99% of the properties we have to mow and for demolition of dangerous structures.
Any ideas would be appreciated.
Thanks,
Brad Carter
City of Seminole
--
Oama mailing list -- oama@lists.imla.orgmailto:oama@lists.imla.org To unsubscribe send an email to oama-leave@lists.imla.orgmailto:oama-leave@lists.imla.org