Oklahoma Affidavit of Cancellation of Lien
County Forms
Where is the property is located?
Adair CountyAlfalfa CountyAtoka CountyBeaver CountyBeckham CountyBlaine CountyBryan CountyCaddo CountyCanadian CountyCarter CountyCherokee CountyChoctaw CountyCimarron CountyCleveland CountyCoal CountyComanche CountyCotton CountyCraig CountyCreek CountyCuster CountyDelaware CountyDewey CountyEllis CountyGarfield CountyGarvin CountyGrady CountyGrant CountyGreer CountyHarmon CountyHarper CountyHaskell CountyHughes CountyJackson CountyJefferson CountyJohnston CountyKay CountyKingfisher CountyKiowa CountyLatimer CountyLe Flore CountyLincoln CountyLogan CountyLove CountyMajor CountyMarshall CountyMayes CountyMcclain CountyMccurtain CountyMcintosh CountyMurray CountyMuskogee CountyNoble CountyNowata CountyOkfuskee CountyOklahoma CountyOkmulgee CountyOsage CountyOttawa CountyPawnee CountyPayne CountyPittsburg CountyPontotoc CountyPottawatomie CountyPushmataha CountyRoger Mills CountyRogers CountySeminole CountySequoyah CountyStephens CountyTexas CountyTillman CountyTulsa CountyWagoner CountyWashington CountyWashita CountyWoods CountyWoodward CountyAffidavit of Cancellation of Lien for Real Estate Located in Oklahoma
Liens are pesky creatures and if your property is plagued by one, you probably are looking for methods to remove it. Sometimes liens can be erroneously placed on your property or the claimant neglects to ever enforce the lien. Therefore, by filing an Affidavit of Lien Cancellation, you swear to the court that the facts behind the lien justify its cancellation.
If any lien is filed, and no action to foreclose the lien has commenced, the owner of the land may file a petition in the district court of the county in which the land is situated, naming the lien claimants as defendants, and requesting the court for an decision of the lien, and if the lien claimant fails establish a lien, the court may tax against the claimant the whole, or a portion of the costs of the action as may be just. O.S. 42-177.
Liens also can be cancelled by becoming time-barred. If no action to foreclose or settle the lien is filed within one (1) year from the filing of the lien, the lien is canceled by limitation of law. Id. If a lien is canceled by limitation of law, the owner of the land may file an affidavit proving its cancellation with the county clerk of the county in which the land is located. Id. Upon receipt of the affidavit, the county clerk will attach the affidavit to the original lien document in the lien docket file and enter a notation of the filing in the mechanics' lien journal. Id.
This article is provided for informational purposes only and should not be relied upon as a substitute for the advice from a legal professional. If you have questions about cancelling a lien, or any other issue related to liens in Oklahoma, please contact an attorney.