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ENGROSSED HOUSE
BILL NO. 3407 By: Patzkowsky of the House
and
Wingard of the Senate
An Act relating to property; creating right to sell,
salvage, or remove abandoned manufactured home and
its contents for certain real property owners;
defining term; requiring written notice to be sent
via certified mail; requiring publication if
certified mail is not delivered or is unclaimed;
establishing requirements of the contents of the
written notice; providing for notice to Oklahoma Tax
Commission; requiring real property owner to document
condition of the abandoned manufactured home via
photographs; mandating commercially reasonable sale;
allowing for abandoned manufactured home to be
redeemed; providing for how the proceeds from the
sale are to be distributed; removing liability of
real property owner if good faith is exercised;
providing this act to apply to abandoned manufactured
homes located on leased lots, private real property,
or manufactured home park property; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 690 of Title 60, unless there is
created a duplication in numbering, reads as follows:
A. As used in this act, "abandoned manufactured home" means a
manufactured home left on real property where the owner has failed
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for a period of one hundred eighty (180) consecutive days to pay for
the use of the property or otherwise communicate with the real
property owner regarding possession or removal of the manufactured
home.
B. In the absence of any other agreement between the real
property owner and the owner of a manufactured home, any person,
firm, or corporation that allows an individual to use or occupy real
property in order to utilize a manufactured home shall have the
right to sell, salvage, or remove the manufactured home and its
contents if the owner of the manufactured home has failed to contact
the real property owner or to provide payment for the use of the
real property for one hundred eighty (180) days; provided, however,
that prior to exercising such right, the real property owner shall:
1. Within thirty (30) days after the failure of the
manufactured homeowner to make payment or otherwise contact the real
property owner, send by certified mail, return receipt requested,
written notice to all recorded lienholders and to the last-known
address of the manufactured homeowner stating the intent of the real
property owner to exercise the right to sell, salvage, or remove the
manufactured home and its contents if payment for use and occupying
the real property is not made. The written notice shall include a
description sufficient to identify the manufactured home that is
subject of the notice, including, if available, the manufacturer's
serial number, vehicle identification number (VIN), title number,
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lot number, or other identifying characteristics, and the physical
location of the manufactured home. If certified mail is returned
unclaimed or undeliverable, the real property owner shall also
provide notice by posting notice on the manufactured home and
publishing said notice once a week for two (2) consecutive weeks in
a newspaper of general circulation in the county where the
manufactured home is located;
2. If, thirty (30) days after the mailing of the first notice,
payment or contact has not been made, send a second written notice
by certified mail, return receipt requested, to all recorded
lienholders and to the last-known address of the manufactured
homeowner restating the intent to exercise such right and including
the same identifying information required by paragraph 1 of this
subsection. The real property owner shall also provide written
notice to the Oklahoma Tax Commission Motor Vehicle Division if the
manufactured home is titled property; and
3. Upon the expiration of one hundred twenty (120) days after
mailing the second notice, if payment or contact has not been made,
proceed to exercise the right to sell, salvage, or remove the
abandoned manufactured home and its contents in accordance with this
act. Prior to sale, salvage, or removal, the real property owner
shall document the condition of the abandoned manufactured home with
photographs.
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C. Any sale conducted pursuant to this act shall be a
commercially reasonable sale, either public or private, after
reasonable notice to all parties previously notified under this act.
A bill of sale executed pursuant to this act shall be sufficient
documentation for the Oklahoma Tax Commission to issue a new
certificate of title.
D. A recorded lienholder may redeem the abandoned manufactured
home by paying all amounts owed for the use of the property and
reasonable costs incurred by the real property owner prior to the
sale, salvage, or removal of the abandoned manufactured home.
E. Proceeds from the sale shall be distributed in the following
order:
1. Costs of notice, removal, storage, and sale;
2. Amounts owed to the real property owner for use of the
property;
3. Payment of any recorded liens in order of priority; and
4. Any remaining funds shall be remitted to the abandoned
manufactured homeowner or held for one (1) year before being treated
as abandoned property.
F. A real property owner who acts in good-faith compliance with
this act shall not be liable for damages arising from the sale,
salvage, or removal of the abandoned manufactured home.
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G. This act shall apply to abandoned manufactured homes located
on leased lots, private real property, or manufactured home park
property.
SECTION 2. This act shall become effective November 1, 2026.
Passed the House of Representatives the 26th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2026.
Presiding Officer of the Senate