Oklahoma § 19-1251 - Action to foreclose lien - Petition - Summons - Parties Judgments - Surety bond or deposit

§ 19-1251. Action to foreclose lien - Petition - Summons - Parties Judgments - Surety bond or deposit

Any holder of any road improvement bond issued pursuant to the

provisions of Sections 1230 through 1262 of this title shall have

the right to institute, in the name of the county issuing such bond,

an action in the district court of the county in which said property

is located to foreclose the lien of such assessment whenever such

assessment, or any installment thereof, is delinquent for a period

of at least twelve (12) months. The petition shall state generally

the ownership of such bond, describing the property assessed, the

nature of the improvement, the amount of the unpaid delinquent

assessment and penalty thereon at the rate of fifteen percent (15%)

per annum, and praying for the foreclosure of such lien. Summons

shall be issued on such petition as in other civil actions and the

cause tried in the district court. Judgment may be entered on such

petition for the amount of such unpaid assessment or installment

together with interest thereon at the rate of fifteen percent (15%)

per annum from the date such assessment or installment was due and

payable up to the time of the institution of such action and for the

sum of fifteen percent (15%) interest on said judgment from the time

of the institution of such action until said judgment is paid. In

the event said judgment, together with interest and costs, is not

paid within six (6) months after the date the judgment was rendered,

an order of sale shall be issued by the clerk of said court

directing the sheriff of the county to sell said real estate in

Oklahoma Statutes - Title 19. Counties and County Officers

manner and form as in the case of sale of real estate under

execution. The judgment shall carry the costs of such action

together with the costs of such sale. Upon the payment of such

judgment, the amount of the payment, exclusive of costs, shall be

paid to the county treasurer and become a part of the fund to pay

such outstanding bonds and interest. The judgment shall provide for

the sale of the real estate subject to existing general or ad

valorem taxes and special assessments. All record title holders or

encumbrancers shall be made parties defendant in such suit. Upon

the institution of an action to collect delinquent and unpaid

assessments in any improvement district within one (1) year of the

completion of any improvement, county commissioners of any county

shall require the contractor performing such work or improvement to

make and execute a good and sufficient surety bond or deposit

sufficient securities or obligations of the United States of

America, of this state, or some municipality subdivision thereof, to

be approved by said board of county commissioners in the sum to be

determined by the board of county commissioners, in no case to be

less than ten percent (10%) of the contract price, conditioned that

the contractor will immediately reimburse the county for the

maintenance of said improvements against any failure due to

defective workmanship or materials for a period of one (1) year from

the time of its completion and acceptances.

Added by Laws 1978, c. 208, § 23, eff. Jan. 1, 1979. Amended by

Laws 1983, c. 148, § 12, operative July 1, 1983; Laws 1984, c. 43, §

13, emerg. eff. March 27, 1984.