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
hipshot.steven@gmail.com
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.org on behalf of Steven Holloway hipshot.steven@gmail.com
Sent: Tuesday, July 7, 2020 12:12 PM
To: oama@lists.imla.org 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
hipshot.steven@gmail.com
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://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0
From: Oama oama-bounces@lists.imla.org On Behalf Of david davis
Sent: Tuesday, July 7, 2020 12:28 PM
To: Steven Holloway hipshot.steven@gmail.com; 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
hipshot.steven@gmail.commailto:hipshot.steven@gmail.com
In my case the property had already been foreclosed by the mortgage company
when we filed our lien. The mortgage company abandoned it, and a third
party bought it at a tax sale. She has now filed a quiet title suit. The
notice from the county treasurer when she sold the property for taxes said
that our lien would be extinguished (however, obviously she is not a
judge). From our point of view, it seems inequitable for the plaintiff to
benefit from our tearing this structure down at public expense. 68 O.S.
3127 seems fuzzy on this to me. Any thoughts?
On Tue, Jul 7, 2020 at 12:58 PM Jeff Bryant via Oama oama@lists.imla.org
wrote:
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.org jbryant@omag.org
[image: OMAG Small Logo Smooth]
3650 S. Boulevard
https://www.google.com/maps/search/3650+S.+Boulevard+%0D%0AEdmond,+Oklahoma+73013?entry=gmail&source=g
Edmond, Oklahoma
https://www.google.com/maps/search/3650+S.+Boulevard+%0D%0AEdmond,+Oklahoma+73013?entry=gmail&source=g
73013
https://www.google.com/maps/search/3650+S.+Boulevard+%0D%0AEdmond,+Oklahoma+73013?entry=gmail&source=g
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.org
https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0
From: Oama oama-bounces@lists.imla.org *On Behalf Of *david davis
Sent: Tuesday, July 7, 2020 12:28 PM
To: Steven Holloway hipshot.steven@gmail.com; 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
https://www.google.com/maps/search/4312+N.+Classen+Blvd.+%0D%0A+OKLAHOMA+CITY,+OK+73118?entry=gmail&source=g
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.
https://www.google.com/maps/search/4312+N.+Classen+Blvd.+%0D%0A+OKLAHOMA+CITY,+OK+73118?entry=gmail&source=g
OKLAHOMA CITY, OK 73118
https://www.google.com/maps/search/4312+N.+Classen+Blvd.+%0D%0A+OKLAHOMA+CITY,+OK+73118?entry=gmail&source=g
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.com
From: Oama oama-bounces@lists.imla.org on behalf of Steven Holloway <
hipshot.steven@gmail.com>
Sent: Tuesday, July 7, 2020 12:12 PM
To: oama@lists.imla.org 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
hipshot.steven@gmail.com
Oama mailing list
Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org
State law says that your lien has a co-equal status with the property taxes. When the land was sold, did you get part of the proceeds. (this may be one of the most violated state laws by any county official)
Mike V
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Debbie and Lee Card
Sent: Tuesday, July 07, 2020 1:38 PM
To: Jeff Bryant
Cc: oama@lists.imla.org
Subject: Re: [Oama] foreclosure of municipal weeds & trash / delapidated building liens in Oklahoma
CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe.
In my case the property had already been foreclosed by the mortgage company when we filed our lien. The mortgage company abandoned it, and a third party bought it at a tax sale. She has now filed a quiet title suit. The notice from the county treasurer when she sold the property for taxes said that our lien would be extinguished (however, obviously she is not a judge). From our point of view, it seems inequitable for the plaintiff to benefit from our tearing this structure down at public expense. 68 O.S. 3127 seems fuzzy on this to me. Any thoughts?
On Tue, Jul 7, 2020 at 12:58 PM Jeff Bryant via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org> wrote:
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. Boulevardhttps://www.google.com/maps/search/3650+S.+Boulevard+%0D%0AEdmond,+Oklahoma+73013?entry=gmail&source=g
Edmond, Oklahomahttps://www.google.com/maps/search/3650+S.+Boulevard+%0D%0AEdmond,+Oklahoma+73013?entry=gmail&source=g 73013https://www.google.com/maps/search/3650+S.+Boulevard+%0D%0AEdmond,+Oklahoma+73013?entry=gmail&source=g
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.orghttps://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%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 https://www.google.com/maps/search/4312+N.+Classen+Blvd.+%0D%0A+OKLAHOMA+CITY,+OK+73118?entry=gmail&source=g 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.https://www.google.com/maps/search/4312+N.+Classen+Blvd.+%0D%0A+OKLAHOMA+CITY,+OK+73118?entry=gmail&source=g
OKLAHOMA CITY, OK 73118https://www.google.com/maps/search/4312+N.+Classen+Blvd.+%0D%0A+OKLAHOMA+CITY,+OK+73118?entry=gmail&source=g
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
hipshot.steven@gmail.commailto:hipshot.steven@gmail.com
Oama mailing list
Oama@lists.imla.orgmailto:Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org
Sent from Mail for Windows 10
From: Michael R. Vanderburg
Sent: Tuesday, July 7, 2020 6:58 PM
To: Debbie and Lee Card; Jeff Bryant
Cc: oama@lists.imla.org
Subject: Re: [Oama] foreclosure of municipal weeds & trash / delapidated building liens in Oklahoma
State law says that your lien has a co-equal status with the property taxes. When the land was sold, did you get part of the proceeds. (this may be one of the most violated state laws by any county official)
Mike V
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Debbie and Lee Card
Sent: Tuesday, July 07, 2020 1:38 PM
To: Jeff Bryant
Cc: oama@lists.imla.org
Subject: Re: [Oama] foreclosure of municipal weeds & trash / delapidated building liens in Oklahoma
CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe.
In my case the property had already been foreclosed by the mortgage company when we filed our lien. The mortgage company abandoned it, and a third party bought it at a tax sale. She has now filed a quiet title suit. The notice from the county treasurer when she sold the property for taxes said that our lien would be extinguished (however, obviously she is not a judge). From our point of view, it seems inequitable for the plaintiff to benefit from our tearing this structure down at public expense. 68 O.S. 3127 seems fuzzy on this to me. Any thoughts?
On Tue, Jul 7, 2020 at 12:58 PM Jeff Bryant via Oama <oama@lists.imla.org> wrote:
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
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.orgFrom: Oama <oama-bounces@lists.imla.org> On Behalf Of david davis
Sent: Tuesday, July 7, 2020 12:28 PM
To: Steven Holloway <hipshot.steven@gmail.com>; oama@lists.imla.org
Subject: Re: [Oama] foreclosure of municipal weeds & trash / delapidated building liens in OklahomaIn 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.com
From: Oama <oama-bounces@lists.imla.org> on behalf of Steven Holloway <hipshot.steven@gmail.com>
Sent: Tuesday, July 7, 2020 12:12 PM
To: oama@lists.imla.org <oama@lists.imla.org>
Subject: [Oama] foreclosure of municipal weeds & trash / delapidated building liens in OklahomaTo 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
--
Oama mailing list
Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org
Weighing in.
Brad, I believe the liens continue with no statute of limitations. The relevant statute says: “The lien shall continue until the cost is fully paid.” 11 OS 22-112.
Our experience has been that the foreclosing company names the city as a lien holder, and the city receives its lien amount (and attorney fees) after the sale is conducted. So far, I have not had anyone challenge that the lien is co-equal with taxes or that the City is entitled to recover its attorney fees. I have not dealt with a tax sale, though, but it would seem that the same would apply (equal status with other taxes).
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
From: Oama oama-bounces@lists.imla.org On Behalf Of Brad Carter
Sent: Wednesday, July 8, 2020 7:51 AM
To: Michael R. Vanderburg vandemr@poncacityok.gov; Debbie and Lee Card lee.debbiecard@gmail.com; Jeff Bryant jbryant@omag.org
Cc: oama@lists.imla.org
Subject: Re: [Oama] foreclosure of municipal weeds & trash / delapidated building liens in Oklahoma
Do these liens expire in one year? If so, does foreclosure have to be initiated by the City before they become dormant?
Sent from Mailhttps://go.microsoft.com/fwlink/?LinkId=550986 for Windows 10
From: Michael R. Vanderburgmailto:vandemr@poncacityok.gov
Sent: Tuesday, July 7, 2020 6:58 PM
To: Debbie and Lee Cardmailto:lee.debbiecard@gmail.com; Jeff Bryantmailto:jbryant@omag.org
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] foreclosure of municipal weeds & trash / delapidated building liens in Oklahoma
State law says that your lien has a co-equal status with the property taxes. When the land was sold, did you get part of the proceeds. (this may be one of the most violated state laws by any county official)
Mike V
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Debbie and Lee Card
Sent: Tuesday, July 07, 2020 1:38 PM
To: Jeff Bryant
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] foreclosure of municipal weeds & trash / delapidated building liens in Oklahoma
CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe.
In my case the property had already been foreclosed by the mortgage company when we filed our lien. The mortgage company abandoned it, and a third party bought it at a tax sale. She has now filed a quiet title suit. The notice from the county treasurer when she sold the property for taxes said that our lien would be extinguished (however, obviously she is not a judge). From our point of view, it seems inequitable for the plaintiff to benefit from our tearing this structure down at public expense. 68 O.S. 3127 seems fuzzy on this to me. Any thoughts?
On Tue, Jul 7, 2020 at 12:58 PM Jeff Bryant via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org> wrote:
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. Boulevardhttps://www.google.com/maps/search/3650+S.+Boulevard+%0D%0AEdmond,+Oklahoma+73013?entry=gmail&source=g
Edmond, Oklahomahttps://www.google.com/maps/search/3650+S.+Boulevard+%0D%0AEdmond,+Oklahoma+73013?entry=gmail&source=g 73013https://www.google.com/maps/search/3650+S.+Boulevard+%0D%0AEdmond,+Oklahoma+73013?entry=gmail&source=g
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.orghttps://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%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 https://www.google.com/maps/search/4312+N.+Classen+Blvd.+%0D%0A+OKLAHOMA+CITY,+OK+73118?entry=gmail&source=g 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.https://www.google.com/maps/search/4312+N.+Classen+Blvd.+%0D%0A+OKLAHOMA+CITY,+OK+73118?entry=gmail&source=g
OKLAHOMA CITY, OK 73118https://www.google.com/maps/search/4312+N.+Classen+Blvd.+%0D%0A+OKLAHOMA+CITY,+OK+73118?entry=gmail&source=g
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
hipshot.steven@gmail.commailto:hipshot.steven@gmail.com
Oama mailing list
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I have been privy to a few title opinions that have specifically referred to these liens as dormant. They considered them much like a mechanic’s lien as I recall. So if the property is sold at a tax sale, the lien amounts have to be added to the delinquent taxes, correct? In other words, they are not extinguished?
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On Jul 7, 2020, at 6:58 PM, Michael R. Vanderburg vandemr@poncacityok.gov wrote:
State law says that your lien has a co-equal status with the property taxes. When the land was sold, did you get part of the proceeds. (this may be one of the most violated state laws by any county official)
Mike V
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Debbie and Lee Card
Sent: Tuesday, July 07, 2020 1:38 PM
To: Jeff Bryant
Cc: oama@lists.imla.org
Subject: Re: [Oama] foreclosure of municipal weeds & trash / delapidated building liens in Oklahoma
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In my case the property had already been foreclosed by the mortgage company when we filed our lien. The mortgage company abandoned it, and a third party bought it at a tax sale. She has now filed a quiet title suit. The notice from the county treasurer when she sold the property for taxes said that our lien would be extinguished (however, obviously she is not a judge). From our point of view, it seems inequitable for the plaintiff to benefit from our tearing this structure down at public expense. 68 O.S. 3127 seems fuzzy on this to me. Any thoughts?
On Tue, Jul 7, 2020 at 12:58 PM Jeff Bryant via Oama oama@lists.imla.org wrote:
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.org
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3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.org
From: Oama oama-bounces@lists.imla.org On Behalf Of david davis
Sent: Tuesday, July 7, 2020 12:28 PM
To: Steven Holloway hipshot.steven@gmail.com; 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.
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From: Oama oama-bounces@lists.imla.org on behalf of Steven Holloway hipshot.steven@gmail.com
Sent: Tuesday, July 7, 2020 12:12 PM
To: oama@lists.imla.org 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
hipshot.steven@gmail.com
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