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OK SB798

Bill

Status

Passed

5/26/2011

Primary Sponsor

Chuck Hoskin

Click for details

Origin

Senate

2011 Regular Session

AI Summary

  • Authorizes lenders to file a motion to protect and preserve abandoned or vacated property pending foreclosure proceedings if the property is deteriorating, poses health/safety risks, or risks additional legal liability.

  • Requires the sheriff to physically inspect the property within 3 days of receiving a certified copy of the motion, post notice if abandoned, or serve notice on occupants; sheriff receives a fee not to exceed $150.00 per inspection.

  • Mandates at least 15 days' notice before hearing and allows the court to order the lender to take possession and secure the property if the defendant fails to appear and the property appears abandoned or deteriorating.

  • Permits the court to deny the motion and instead order the defendant to protect the property if they appear and demonstrate they are occupying it or can properly maintain it; violation of such order constitutes contempt of court.

  • Allows any issued preservation order to be vacated upon proof that the property was not abandoned or was lawfully occupied, provided there was no intentional destruction by the defendant.

Legislative Description

Mortgaged property; remedy for abandoned property. Effective date.

Property

Last Action

Approved by Governor 05/26/2011

5/26/2011

Committee Referrals

Judiciary2/8/2011

Full Bill Text

No bill text available