Okla. Stat. tit. 60, § 60-127
This is the official text of Okla. Stat. tit. 60, § 60-127, part of Oklahoma’s Stat. tit. 60, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 60,." Browse the sections below, each linked to its official government source.
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Trial and judgment
Official statutory text
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 Page 42
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.
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 Page 42
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.
Status: in_force · Read it on the official government site
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