Oklahoma § 60-127 - Trial and judgment

§ 60-127. Trial and judgment

If it shall be determined upon the trial of any such foreclosure

proceedings that lands are held contrary to the provisions of this

article, or the Constitution of this state, the court trying such

cause shall render judgment condemning such lands, and order the

same to be sold under the order of court, at such time, terms, and

conditions as to the court may seem best; the proceeds of such sale,

after deducting the cost of the proceeding, shall be paid to any

lienholders of the property if applicable, then the rest shall be

paid to the clerk of the court rendering the judgment where the same

shall remain for one (1) year from the date of such payment, subject

to the order of the alien owner of such lands, his or her heirs and

legal representatives, and if not claimed within the period of one

(1) year, such clerk shall pay the same into the State Treasury for

the benefit of the available school fund of the state. Provided,

that when any money shall have been paid to the State Treasurer as

hereinabove provided, an alien or his or her heirs may procure the

same to be returned by applying for and procuring an order from the

court condemning the property showing that such judgment foreclosing

the property was procured by fraud, or mistake, or that there was

material irregularity in the proceedings; this application, however,

must be made within two (2) years from the date such monies were

turned over into the State Treasury; and in no event shall the state

be liable or called on to refund any further sum than the actual

cash transmitted and delivered to such Treasurer. Provided further,

that the defendant in such foreclosure proceedings may at any time

before final judgment suggest and prove to the court that he or she

has conformed to or complied with the law, under and by which he or

Oklahoma Statutes - Title 60. Property

she will be entitled to hold such estate; which, it being admitted

or proved, the suit shall be dismissed on payment by defendant of

the costs and reasonable attorney fees, to be fixed by the court.

R.L. 1910, § 6652. Amended by Laws 2024, c. 373, § 5, eff. Nov. 1,

2024.