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Oklahoma
Recording Information |
Real estate deeds that transfer property in Oklahoma can be recorded to provide constructive notice of the transfer. In most cases deed documents are recorded in the County where the property is located.
A. Effect of Recording:
No acknowledgment or recording is necessary to the validity of any deed, mortgage, or contract relating to real estate as between the parties thereto; but no deed, mortgage, contract, bond, lease, or other instrument relating to real estate other than a lease for a period not exceeding one year and accompanied by actual possession, shall be valid as against third persons unless acknowledged and recorded as herein provided.
Every conveyance of real property that is acknowledged or proved, certified and recorded as required by law from the time it is filed with the register of deeds for record is constructive notice of the contents thereof to subsequent purchasers, mortgagees, encumbrancers, or creditors.
B. Requirements for Recording Compliant Documents
• A deed or other instrument related to real estate is not valid unless it is in writing and subscribed by the grantors.
• Submit an original or a certified copy of an original. A document should be clearly legible and in the English language and should use ink that is dark enough to be reproduced on copy equipment used by the county clerk. For best results, use black ink on white paper. Paper size should not measure larger than 8.5 x 14 inches. Letter sized paper (8.5 x 11 inches) is also acceptable.
• All documents should provide an area free of printed information sufficient in size to accommodate the placement of documentary stamps, any certification of the payment of mortgage taxes, and the recording information affixed by the county clerk upon acceptance of the document. If sufficient space is not provided without covering language contained in the instrument, the county clerk will attach an additional page, for which extra fees will apply. Aside from these guidelines, the top margin of all documents should be at least 1 inch; side and bottom margins should be at least ½ an inch.
• No subscribing witness is necessary to the validity of any deed, mortgage, or any other instrument conveying, affecting, or relating to real estate.
• Provide the mailing address of the grantee or other designated party to which the instrument is to be returned after recording.
• Describe the real property by its specific legal description and provide such information necessary for indexing.
• If an instrument contains more than twenty-five legal descriptions requiring separate entries in the index, the descriptions shall be sorted by block and lot if the property is platted. If the property is unplatted, the descriptions shall be sorted by township, range, and section. Any instrument offered to a county clerk for recording that contains more than twenty-five legal descriptions per page, counted as each description which could require a separate line entry in the numerical index should be accompanied by an additional filing fee of $1 per legal description over twenty-five.
• In a county that has adopted a land parcel identifier system to designate tracts of property, the county clerk may not accept an instrument for filing or recording unless the land parcel identifiers for all the parcels described and affected are on the face of the instrument.
• The consideration paid for the property should be listed in the form of the deed.
The county clerk will record free of charge all certificates designating and describing lands situated in the respective counties owned by the Five Civilized Tribes and their heirs, which lands are shown by said certificates to be exempt from taxation. These will be recorded without charge, provided that when the certificate is presented for recording, it bears the approval of the Secretary of the Interior. |
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