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Okla. Stat. tit. 68, § 3131

Filing of resale return with county clerk - Issuance of deed - Payment of sale expenses - Remaining funds, disposition

Official textoscn.netlast amended Jul 01, 202310 subsections

# A.

Within thirty (30) days after resale of property, the county treasurer shall file in the office of the county clerk a return, and retain a copy thereof in the county treasurer's office, which shall show or include, as appropriate:

# 1.

Each tract or parcel of real estate so sold;

# 2.

The date upon which it was resold;

# 3.

The name of the purchaser;

# 4.

The price paid therefor;

# 5.

A copy of the notice of such resale with an affidavit of its publication or posting; and

# 6.

The complete minutes of sale, and that the same was adjourned from day to day until the sale was completed.
Such notice and return shall be presumptive evidence of the regularity, legality and validity of all the official acts leading up to and constituting such resale. Within such thirty (30) days, the county treasurer shall execute, acknowledge and deliver to the purchaser or the purchaser's assigns, or to the board of county commissioners where such property has been bid off in the name of the county, a deed conveying the real estate thus resold. The issuance of such deed shall effect the cancellation and setting aside of all delinquent taxes, assessments, penalties and costs previously assessed or existing against the real estate, and of all outstanding individual and county tax sale certificates, and shall vest in the grantee an absolute and perfect title in fee simple to the real estate, subject to all claims which the state may have had on the real estate for taxes or other liens or encumbrances; provided, that all such claims which the state, municipality or both the state and the municipality may have had on the real estate for taxes or other liens or encumbrances shall be canceled and extinguished with respect to any deed conveying title to the board of county commissioners where such property was bid off in the name of the county. Twelve (12) months after the deed shall have been filed for record in the county clerk's office, no action shall be commenced to avoid or set aside the deed. Provided, that persons under legal disability shall have one (1) year after removal of such disability within which to redeem the real estate.

# B.

Any number of lots or tracts of land may be included in one deed, for which deed the county treasurer shall collect from the purchaser the fees provided for in Section 43 of Title 28 of the Oklahoma Statutes. The county treasurer shall also charge and collect from the purchaser at such sale an amount in addition to the bid placed on such real estate, sufficient to pay all expenses incurred by the county in preparing, listing and advertising the lot or tract purchased by such bidder, which sums shall be credited and paid into the resale property fund hereinafter provided, to be used to defray to that extent the costs of resale.

# C.

When any tract or lot of land sells for more than the taxes, penalties, interest and cost due thereon, the county treasurer shall notify the Oklahoma Tax Commission within thirty (30) days after the resale, and shall include in such notification all information necessary for the Oklahoma Tax Commission to determine whether a tax lien exists on the subject property.

# D.

Within sixty (60) days of receipt of the notification described in subsection C of this section, the Oklahoma Tax Commission shall provide notice to the county treasurer of any outstanding tax liabilities, including tax, penalty and interest, attached to each tract or lot of land, regardless of whether a tax warrant has been filed. Upon timely notice of a liability from the Oklahoma Tax Commission, the county treasurer shall remit to the Tax Commission the amount of the outstanding tax liabilities or the excess proceeds, whichever is less. Any remaining proceeds shall be held in the separate fund for the record owner of such land, as shown by the county records as of the date the county resale begins, to be withdrawn any time within one (1) year. No assignment of this right to excess proceeds shall be valid which occurs on or after the date on which the county resale began. At the end of one (1) year, if such money has not been withdrawn or collected from the county, it shall be credited to the county resale property fund.

Amendment history

Added by Laws 1965, c. 501, § 2. Renumbered from § 24335 of this title by Laws 1988, c. 162, § 161, eff. Jan. 1, 1992, as amended by Laws 1991, c. 249, § 1, eff. Jan. 1, 1992. Amended by Laws 1994, c. 278, § 33, eff. Sept. 1, 1994; Laws 1999, c. 187, § 4, eff. Nov. 1, 1999; Laws 2004, c. 447, § 17, emerg. eff. June 4, 2004; Laws 2009, c. 191, § 3, eff. Nov. 1, 2009; Laws 2014, c. 156, § 2, emerg. eff. April 25, 2014; Laws 2021, c. 161, § 1, eff. Nov. 1, 2021; Laws 2023, c. 113, § 12, eff. July 1, 2023.

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