Oklahoma § 68-3131 - Filing of resale return with county clerk - Issuance of

§ 68-3131. Filing of resale return with county clerk - Issuance of

deed - Payment of sale expenses - Remaining funds, disposition.

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

Oklahoma Statutes - Title 68. Revenue and Taxation

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.

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.