Okla. Stat. tit. 11, § 11-36-312
This is the official text of Okla. Stat. tit. 11, § 11-36-312, part of Oklahoma’s Stat. tit. 11, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 11,." Browse the sections below, each linked to its official government source.
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Limitation of actions to enforce lien of bonds by
Official statutory text
holder not receiving refunding bonds.
The right of any bondholder, who has filed with the municipal
clerk an "Agreement to Accept Street Improvement Refunding Bonds"
but who has not been issued street improvement refunding bonds, to
enforce the lien of any street improvement bond or street
improvement refunding bond by foreclosure, mandamus, tax sale and
resale, refunding, or otherwise, shall be barred upon the expiration
of three (3) years after the date of the filing of his "Agreement to
Accept Street Improvement Refunding Bonds". The running of the
three-year period of limitation shall be an absolute bar to any
action or proceeding brought thereafter, whether the same be plead
as a defense or not, and the property against which the bonds
represented a lien shall thereafter be absolved of any lien or
liability on account of the bonds or "Agreement to Accept Street
Improvement Refunding Bonds". A certificate issued by the municipal
clerk certifying that no holder of any such bonds has either
1. filed his "Agreement to Accept Street Improvement Refunding
Bonds";
2. commenced foreclosure, mandamus, refunding or otherwise,
within the three-year period as prescribed herein; or
3. commenced foreclosure within the three-year period
prescribed in Section 36-310 of this title,
Oklahoma Statutes - Title 11. Cities and Towns Page 346
shall operate to remove any cloud upon the title of any property
created by the street improvement bond, the street improvement
refunding bond, or "Agreement to Accept Street Improvement Refunding
Bonds", and the liens represented thereby. Nothing contained in this
section shall be construed to give a remedy where no remedy of any
type or nature previously existed in any bondholder or owner, or to
revive a lien or right where no remedy previously existed.
The right of any bondholder, who has filed with the municipal
clerk an "Agreement to Accept Street Improvement Refunding Bonds"
but who has not been issued street improvement refunding bonds, to
enforce the lien of any street improvement bond or street
improvement refunding bond by foreclosure, mandamus, tax sale and
resale, refunding, or otherwise, shall be barred upon the expiration
of three (3) years after the date of the filing of his "Agreement to
Accept Street Improvement Refunding Bonds". The running of the
three-year period of limitation shall be an absolute bar to any
action or proceeding brought thereafter, whether the same be plead
as a defense or not, and the property against which the bonds
represented a lien shall thereafter be absolved of any lien or
liability on account of the bonds or "Agreement to Accept Street
Improvement Refunding Bonds". A certificate issued by the municipal
clerk certifying that no holder of any such bonds has either
1. filed his "Agreement to Accept Street Improvement Refunding
Bonds";
2. commenced foreclosure, mandamus, refunding or otherwise,
within the three-year period as prescribed herein; or
3. commenced foreclosure within the three-year period
prescribed in Section 36-310 of this title,
Oklahoma Statutes - Title 11. Cities and Towns Page 346
shall operate to remove any cloud upon the title of any property
created by the street improvement bond, the street improvement
refunding bond, or "Agreement to Accept Street Improvement Refunding
Bonds", and the liens represented thereby. Nothing contained in this
section shall be construed to give a remedy where no remedy of any
type or nature previously existed in any bondholder or owner, or to
revive a lien or right where no remedy previously existed.
Status: in_force · Read it on the official government site
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