warranty deeds as trust funds for payment of lienable claims. (1) The amount payable under any building or remodeling contract shall, upon receipt by any contractor or subcontractor, be held as trust funds for the payment of all lienable claims due and owing or to become due and owing by such contractors or subcontractors by reason of such building or remodeling contract. (2) The monies received under any mortgage given for the purpose of construction or remodeling any structure shall upon receipt by the mortgagor be held as trust funds for the payment of all valid lienable claims due and owing or to become due and owing by such mortgagor by reason of such building or remodeling contract. (3) The amount received by any vendor of real property under a warranty deed shall, upon receipt by the vendor, be held as trust funds for the payment of all valid lienable claims due and owing or to become due and owing by such vendor or his predecessors in title by reason of any improvements made upon such property within four (4) months prior to the delivery of said deed. Laws 1965, c. 58, § 1; Laws 1968, c. 174, § 1, emerg. eff. April 15, 1968.
Notes of Decisions
Murphy Oil USA Inc v. Trivental Inc, 438 F.3d 1008 (10th Cir. 2006).
· cites it 7× “Murphy further argued that Trivental had misappropriated trust funds paid by Murphy, intended for the benefit of the subcontractors, in violation of Okla. Stat. Ann. tit. 42, §§ 152 , 153. Trivental counterclaimed, arguing that Murphy had failed to fully compensate Trivental for…”
Stevens v. Harris, 2002 OK 35 (Okla. 2002).
· cites it 4× “Claiming protection under 42 O.S.1971 §§ 152 and 158, 13 the owners sued to recover the amounts paid to the subcontractor.”
Disc. Home Ctr., Inc. v. Turner (In Re Turner), 134 B.R. 646 (Bankr. N.D. Okla 1991).
· cites it 5× “” Discount asserts that a “fiduciary capacity” arises under 42 O.S. §§ 152, 153. Those statutes currently provide in pertinent part as follows: § 152.”
Bryan v. Manley (In Re Manley), 135 B.R. 137 (Bankr. N.D. Okla 1992).
· cites it 4× “The Bryans assert that Manley’s “fiduciary capacity” arose under 42 O.S. § 152, which requires that (1) The amount payable under any building or remodeling contract shall, upon receipt by any contractor or subcontractor, be held as trust funds for the payment of all lienable…”
Sandpiper North Apts., Ltd. v. Am. Nat'l Bank & Trust Co. of Shawnee, 680 P.2d 983 (Okla. 1984).
· cites it 3× “OPALA, Justice: The questions to be decided on certiorari are: (1) May the construction trust fund doctrine of our statutory law, 42 O.S.1981 §§ 152 and 153, be invoked to impose liability for misapplied trust funds upon persons not specifically charged therein with fiduciary…”
Manley v. Brown, 1999 OK 79 (Okla. 1999).
“The pertinent provisions of 42 O.S.1991 § 152 are: (1) The amount payable under any building or remodeling contract shall, upon receipt by any contractor or subcontractor, be held as trust funds for the payment of-all lienable claims due and owing or to become due and owing by…”
McGlumphy v. Jetero Const. Co., Inc., 593 P.2d 76 (Okla. 1978).
· cites it 2× “4 However, those decisions were prior to or did not consider the construction trust fund statutes, 42 O.S.1971, §§ 152, 153. 5 With Bohn v. Divine, Okl.”
Bohn v. Divine, 544 P.2d 916 (Okla. Civ. App. 1975).
· cites it 2× “Appellants contend that substantial controversy exists as to material facts and that the trial court construed improperly 42 O.S.1971 §§ 152, 153, the statutes under which appellee sought to hold liable the contractor and it managing officers.”
Duncan v. Neal (In Re Neal), 324 B.R. 365 (Bankr. W.D. Okla. 2005).
“Okla. Stat. tit. 42 §§ 152 & 153. Section 152(1) requires that: The amount payable under any building or remodeling contract shall, upon receipt by any contractor or subcontractor, be held as trust funds for the payment of all lienable claims due and owing or to become due and…”
Shawver & Son, Inc. v. Tefertiller, 772 P.2d 396 (Okla. 1989).
· cites it 2× “1981 § 143 is required to assert a claim upon construction trust funds under 42 O.S.1981 §§ 152, 153. We answer affirmatively.”
— Okla. Stat. tit. 42, § 152(1) — 7 cases
Disc. Home Ctr., Inc. v. Turner (In Re Turner), 134 B.R. 646 (Bankr. N.D. Okla 1991).
“” Discount asserts that a “fiduciary capacity” arises under 42 O.S. §§ 152, 153. Those statutes currently provide in pertinent part as follows: § 152.”
Bryan v. Manley (In Re Manley), 135 B.R. 137 (Bankr. N.D. Okla 1992).
“The Bryans assert that Manley’s “fiduciary capacity” arose under 42 O.S. § 152, which requires that (1) The amount payable under any building or remodeling contract shall, upon receipt by any contractor or subcontractor, be held as trust funds for the payment of all lienable…”
Shawver & Son, Inc. v. Tefertiller, 772 P.2d 396 (Okla. 1989).
“1981 § 143 is required to assert a claim upon construction trust funds under 42 O.S.1981 §§ 152, 153. We answer affirmatively.”
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