Okla. Stat. tit. 68, § 68-3105
This is the official text of Okla. Stat. tit. 68, § 68-3105, part of Oklahoma’s Stat. tit. 68, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 68,." Browse the sections below, each linked to its official government source.
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Real property to be sold for delinquent taxes and special
Official statutory text
assessments - Exemption.
A. The county treasurer shall in all cases, except those
provided for in subsection B of this section and except for periods
governed by the provisions of subsection C of Section 3148 of this
title, where taxes are a lien upon real property and have been
unpaid for a period of three (3) years or more as of the date such
taxes first became due and payable, advertise and sell such real
estate for such taxes and all other delinquent taxes, special
assessments and costs at the tax resale provided for in Section 3125
of this title, which shall be held on the second Monday of June each
year in each county. The county treasurer shall not be bound before
so doing to proceed to collect by sale all personal taxes on
personal property which are by law made a lien on realty, but shall
include such personal tax with that due on the realty, and shall
sell the realty for all of the taxes and special assessments.
B. In counties with a population in excess of one hundred
thousand (100,000) persons according to the most recent Federal
Decennial Census, the county treasurer shall not conduct a tax sale
of such real estate where taxes are a lien upon real property if the
following conditions are met:
1. The real property contains a single-family residential
dwelling;
2. The individual residing on the property is sixty-five (65)
years of age or older or has been classified as totally disabled, as
defined in subsection C of this section, and such individual owes
the taxes due on the real property;
3. The real property is not currently being used as rental
property;
4. The individual living on the property has an annual income
that does not exceed the HHS Poverty Guidelines as established each
year by the United States Department of Health and Human Services
that are published in the Federal Register and in effect at the time
that the proposed tax sale is to take place; and
5. The fair market value of the real property as reflected on
the tax rolls in the office of the county assessor does not exceed
One Hundred Eighty Thousand Dollars ($180,000.00).
C. As used in this section, a person who is "totally disabled"
means a person who is unable to engage in any substantial gainful
activity by reason of a medically determined physical or mental
impairment which can be expected to last for a continuous period of
twelve (12) months or more. Proof of disability may be established
by certification by an agency of state government, an insurance
company, or as may be required by the county treasurer. Eligibility
to receive disability benefits pursuant to a total disability under
the Federal Social Security Act shall constitute proof of disability
for purposes of this section.
Oklahoma Statutes - Title 68. Revenue and Taxation Page 1327
D. It shall be the duty of the individual owning property
subject to the provisions of subsection B of this section to make
application to the county treasurer for an exemption from a tax sale
prior to the property being sold. It shall also be the duty of the
individual to provide evidence to the county treasurer that the
individual meets the financial requirements outlined in paragraph 4
of subsection B of this section and all other requirements of this
section to qualify for the exemption. Any individual claiming the
exemption provided in this section shall establish eligibility for
the exemption each year the exemption is claimed.
E. Taxes, interest and penalties will continue to accrue while
the exemption is claimed. The exemption from sale of property
described in this section shall no longer be applicable and the
county treasurer shall proceed with the sale of such real estate if
any of the conditions prescribed in this section are no longer met.
F. Every notice of tax resale shall contain language approved
by the Office of the State Auditor and Inspector informing the
taxpayer of the provisions of this section.
A. The county treasurer shall in all cases, except those
provided for in subsection B of this section and except for periods
governed by the provisions of subsection C of Section 3148 of this
title, where taxes are a lien upon real property and have been
unpaid for a period of three (3) years or more as of the date such
taxes first became due and payable, advertise and sell such real
estate for such taxes and all other delinquent taxes, special
assessments and costs at the tax resale provided for in Section 3125
of this title, which shall be held on the second Monday of June each
year in each county. The county treasurer shall not be bound before
so doing to proceed to collect by sale all personal taxes on
personal property which are by law made a lien on realty, but shall
include such personal tax with that due on the realty, and shall
sell the realty for all of the taxes and special assessments.
B. In counties with a population in excess of one hundred
thousand (100,000) persons according to the most recent Federal
Decennial Census, the county treasurer shall not conduct a tax sale
of such real estate where taxes are a lien upon real property if the
following conditions are met:
1. The real property contains a single-family residential
dwelling;
2. The individual residing on the property is sixty-five (65)
years of age or older or has been classified as totally disabled, as
defined in subsection C of this section, and such individual owes
the taxes due on the real property;
3. The real property is not currently being used as rental
property;
4. The individual living on the property has an annual income
that does not exceed the HHS Poverty Guidelines as established each
year by the United States Department of Health and Human Services
that are published in the Federal Register and in effect at the time
that the proposed tax sale is to take place; and
5. The fair market value of the real property as reflected on
the tax rolls in the office of the county assessor does not exceed
One Hundred Eighty Thousand Dollars ($180,000.00).
C. As used in this section, a person who is "totally disabled"
means a person who is unable to engage in any substantial gainful
activity by reason of a medically determined physical or mental
impairment which can be expected to last for a continuous period of
twelve (12) months or more. Proof of disability may be established
by certification by an agency of state government, an insurance
company, or as may be required by the county treasurer. Eligibility
to receive disability benefits pursuant to a total disability under
the Federal Social Security Act shall constitute proof of disability
for purposes of this section.
Oklahoma Statutes - Title 68. Revenue and Taxation Page 1327
D. It shall be the duty of the individual owning property
subject to the provisions of subsection B of this section to make
application to the county treasurer for an exemption from a tax sale
prior to the property being sold. It shall also be the duty of the
individual to provide evidence to the county treasurer that the
individual meets the financial requirements outlined in paragraph 4
of subsection B of this section and all other requirements of this
section to qualify for the exemption. Any individual claiming the
exemption provided in this section shall establish eligibility for
the exemption each year the exemption is claimed.
E. Taxes, interest and penalties will continue to accrue while
the exemption is claimed. The exemption from sale of property
described in this section shall no longer be applicable and the
county treasurer shall proceed with the sale of such real estate if
any of the conditions prescribed in this section are no longer met.
F. Every notice of tax resale shall contain language approved
by the Office of the State Auditor and Inspector informing the
taxpayer of the provisions of this section.
Status: in_force · Read it on the official government site
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