Okla. Stat. tit. 16, sec 23.9
Title Examination Standards
Chapter 1, App.
Chapter 23. Judgment Liens, Execution and Attachment
§23.9. Property Acquired by Farm Service Agency, aka Farmers Home Administration; Right of First Refusal.
B. The examiner should be furnished satisfactory evidence that, in compliance with the applicable statutes, regulations and cases, the Farm Service Agency has either obtained waivers from the borrower and other protected entities, or has complied with the appropriate notice procedures, and that all administrative appeal rights, if any, have been exhausted.
Authority: 7 U.S.C.A. § 1985 (Consolidated Farm and Rural Development Act, Pub. L. No. 87-128 (August 8, 1961), tit. VII, § 335(c), 75 Stat. 315, as amended by Agricultural Credit Act of 1987, Pub. L. No. 100-233 (January 6, 1988), tit. VII, § 610, 101 Stat. 1568); 7 C.F.R. § 1951.911; Food, Agricultural, Conservation and Trade Act of 1990, Pub. L. No. 101-624 (November 28, 1990), 103 Stat. 3359. Comment: Because of the nature of problems and possible variations of Indian land titles which might be involved with the Farm Service Agency, the examiner should rely on the usual methods for examining titles to Indian lands as well as on the applicable statutes, regulations and cases. The examiner may wish to obtain an affidavit with appropriate copies of notices appended, from the local county Farm Service Agency supervisor. A possible form of affidavit is as follows:
PRESERVATION RIGHTS AFFIDAVIT
STATE OF OKLAHOMA,
COUNTY OF ___________, ss.:
I, ___________ am the Farm Service Agency (FmHA) County Supervisor for ___________ County, Oklahoma. I am personally familiar with the administrative servicing of the account of ___________.
The above mentioned account was serviced as directed by Farm Service Agency regulations found at 7 C.F.R. part 1951, sub-part S, and in conformance with 7 U.S.C.A. §§ 1985, 2000 et seq.
The United States of America, acting through the Farm Service Agency, acquired title to the real property described in Exhibit A, attached hereto, on____________, 19__.
This office sent Notice of Availability of Lease Back/Buy Back Rights to the above individual by certified mail on __________.
A copy of the Notice is attached hereto as Exhibit B.
The property apparently contained the former owner's homestead so Notice of Availability of Homestead Protection was sent to the former owner by certified mail on ______________. A copy of the Notice is attached hereto as Exhibit C.
(or) ___________ applied for preservation of rights and did not qualify.
Immediate Previous Farm Operator:
I am not aware of any immediate previous farm operator
(or) Responded to the Notice but did not qualify.
To my knowledge, no other parties, individuals or entities are entitled to Notice under the provisions of the above cited statutes and regulations. The time for requesting preservation rights has passed and the time to appeal any adverse decision concerning preservation rights has passed.
Notice of availability for sale of the property described in Exhibit A was: posted in the Farm Service Agency county office, and mailed to the previous owner, and immediate previous farm operator (tenant),if any, and published for 3 consecutive weeks, between the dates of ___ and ___ in the ___________ , a newspaper regularly published in ___________ County. A copy of the form of publication notice is attached hereto as Exhibit E.
There was no other applicant to purchase the property except ___________ , the purchaser.
(or) All unsuccessful applicants to purchase the property were notified of denial of their applications and the time to appeal such adverse decisions has passed.
County Supervisor Farm Service Agency
Subscribed and sworn to before me this ___ day of ___________19__.
History: The Food Security Act of 1985, P.L. 99-198, and the Agricultural Credit Act of 1987, P.L. 100-233, created certain rights in borrowers from the Farmers Home Administration (FmHA), later known as the Farm Service Agency, to repurchase property foreclosed by, or deeded in lieu of foreclosure to said agency. The 1991 Report of the Title Examination Standards Committee proposed new standards 12.8 and 12.9 to deal with such situations in the chain of title, 62 O.B.A.J. 3269 (1991). The proposal was approved by the Real Property Section November 14, 1991, and adopted by the House of Delegates November 15, 1991, 62 O.B.A.J. 3531 (1991).