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Estate of Wynn v. Tulsa County Treasurer

Court of Civil Appeals of Oklahoma, Division No. 1

December 21, 2018

The ESTATE OF May Gregory WYNN, Melissa Wynn, an individual, and Gregory Wynn, an individual, Plaintiffs/Appellants,
v.
TULSA COUNTY TREASURER, J. Dennis Semler, in his official capacity, Defendant/Appellee, and Charles Patterson and Tracie Patterson, Intervening Defendants/Counter-Claimants/Third-Party Plaintiffs/Appellees,
v.
The Estate of Glynn Ehrhardt Wynn, Third-Party Defendant.

          Mandate Issued: 10/30/2019

         THIS OPINION HAS BEEN RELEASED FOR PUBLICATION BY ORDER OF THE COURT OF CIVIL APPEALS, Division 1

         APPEAL FROM THE DISTRICT COURT OF TULSA COUNTY, OKLAHOMA; HONORABLE MARY FITZGERALD, JUDGE

         James C. Thomas, William D. Thomas, Tulsa, Oklahoma, for Appellants,

          Kim M. Hall, Tulsa, Oklahoma, for Appellee,

         Thomas M. Askew, Sharon K. Weaver, Tulsa, Oklahoma, for Third-Party Plaintiffs/Appellees.

         OPINION

         Larry Joplin, Judge

Page 925

         [¶1] The Plaintiffs/Appellants, The Estate of May G. Wynn, Melissa Wynn, and Gregory Wynn, seek review of the August 1, 2017 summary judgment order granting the summary judgment motion of the Tulsa County Treasurer, as well as the grant of partial summary judgment in favor of Charles and Tracie Patterson and the denial of Appellants’ motion for summary judgment.

         [¶2] This case arises from the tax sale of property in Tulsa County, once owned by Glynn and May Wynn.[1] The property was sold at the Tulsa County Treasurer’s tax resale auction on June 13, 2016 for delinquent and unpaid 2012 taxes, pursuant to 68 O.S.Supp.2008 § 3105 and § 3125.[2] Glynn and May Wynn owned the property in joint tenancy with right of survivorship. Glynn Wynn passed away in 2013, after which time the property belonged to May Wynn as a result of the joint tenancy ownership. Their daughter, Melissa Wynn, was named personal representative of Glynn Wynn’s estate. Gregory Wynn is the son of Glynn and May Wynn.

         [¶3] There were two tax sale notifications, listed as "Early Notification of 2016 Tax Resale Auction" dated July 9, 2015 and November 12, 2015.[3] These notices were sent to "Glenn" and May Wynn at their Tulsa, Oklahoma address. Both notices listed an amount due if paid by a certain date. Neither resulted in payment by then owner, May Wynn. A posted notice was posted to the property on March 2, 2016, listing the legal description, contact information for the treasurer’s office and notice the property would be sold at the tax resale auction on June 13, 2016 unless the "unpaid taxes and/or special assessments" were paid. A certified mail, final notice was sent to May Wynn on March 8, 2016, with a certified mail return receipt signed by May Wynn dated March 17, 2016. 68 O.S.Supp.2010 § 3127.[4] In addition, a final notice was

Page 926

sent via certified mail to Appellant/Melissa Wynn’s attorney, William D. Thomas, who was listed as the attorney of record with respect to Glynn Wynn’s estate. The March 8, 2016 certified mail was signed for by Michael Thomas and the return receipt was dated March 18, 2016. Also on March 8, 2016, a notice was mailed to Melissa Wynn at an address on 21st Street in Tulsa Oklahoma; this notice was returned to the County Treasurer’s office, stating "unable to forward." The auction of the subject property was also published in the Tulsa Beacon on May 19 and 26, 2016 and June 2 and 9, 2016. May Wynn testified she was aware of the tax sale.

         [¶4] Oakley Properties, L.L.C. was the successful bidder for the property at the June 13, 2016 auction and Oakley obtained the County Treasurer’s Resale Deed the next day, June 14, ...


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