| My Account |  |
Memorandum of Trust Form - Garvin County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 2/19/2021
Memorandum of Trust Guide - Garvin County
Line by line guide explaining every blank on the form.
Included document last updated 3/1/2021
Completed Example of the Memorandum of Trust Document - Garvin County
Example of a properly completed form for reference.
Included document last updated 3/22/2021
*The Following Oklahoma and Garvin County supplemental forms are included as a courtesy with your order.
Affidavit - Documentary Stamp Tax
If purchase price or exemption number are not stated on the deed, this affidavit must be submitted to determine stamp tax or document exemption.
Documentary Stamp Tax Exemptions
This informational document excerpts relevant sections of the statutes and lists Oklahoma's transfer tax exemptions with explanations.
Documentary Stamp Tax Reference
This document answers any questions regarding Oklahoma Documentary Stamp Tax. It also contains a list of statutory exemptions (pp. 3-5).
Homestead Exemption
A homestead exemption is an exemption of $1,000 of the assessed valuation of the homestead property. Homestead exemption is granted to the homeowner who resides in the property on a permanent basis on January 1.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
In Oklahoma, the memorandum of trust is codified at 60 O.S. 175.6a. Executed by a trustee, the memorandum of trust is a recorded document pertaining to real property acquisitions and transfers by an express private trust.
An express private trust refers to any trust that is "created with the settlor's express intent, usually declared in writing," and is not a business trust [1]. In a trust arrangement, a settlor conveys property to another person (the trustee) to be held for a third (the beneficiary). The trust is administered pursuant to the terms of a written document executed by the settlor. This document, called the trust instrument, designates the trustee and trust beneficiaries and outlines the provisions of the trust and the scope of the trust's assets. In some cases, the trust instrument may be recorded, but it is generally a private document.
In lieu of providing parties outside of the trust arrangement with the full trust instrument, a trustee may provide a memorandum when entering into real property transactions. The memorandum is an abstract of the trust instrument that is recorded when the trust acquires real property or when the trustee is conveying real property held in the trust. The document contains only essential information about the trust, allowing the settlor to keep his estate plans and other information irrelevant to the transaction at hand private. It is similar to a certification of trust (under the Uniform Trust Code), the major difference being that the certification is generally not recorded.
There are differences of opinion among title examiners on when a memorandum is required [2]. Oklahoma Title Standard 15.2 states that when real property is transferred to or by the name of a trustee as trustee of a named express private trust, a memorandum of trust is not required. Where a settlor makes a conveyance to a trust using the trust's name alone as the grantee, the Title Standards require a memorandum of trust (see also 60 O.S. 175.6a) [3].
The memorandum of trust provides the name of the trust and the name and address of each trustee of the trust, as well as the date the trust was created. Because the document pertains to real property, a legal description of the parcel subject to the transaction for which the memorandum is being recorded may be required.
A memorandum of trust is sometimes recorded alongside a conveyance by trustee as part of the deed as evidence of the trust's existence and the trustee's authority (as the trust instrument is generally not a matter of public record). The form should be signed by the trustees of a trust in the presence of a notary public before recording in the county in which the real property is located.
Consult a lawyer with questions about express private trusts and memoranda of trust in Oklahoma.
[1] Black's Law Dictionary, 8th ed.
[2] http://www.jhbpc.com/Estate-Planning-In-Depth/memotrust.htm
[3] http://eppersonlaw.com/wp-content/uploads/2013/05/1-ORIGINAL-2016-TES-HANDBOOK-Final-160111.pdf
Get your Garvin County Memorandum of Trust form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the Garvin County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
4.8 out of 5 (2973 Reviews) September 17th, 2021
Name: JOSEPH W.
Review: Easy peezy!
Reply from Staff on September 17th, 2021
Thank you!
September 16th, 2021
Name: George S.
Review: Excellent product- very easy to use. Will use again...
Reply from Staff on September 17th, 2021
Thank you for your feedback. We really appreciate it. Have a great day!
September 16th, 2021
Name: Arletta B.
Review: Fantastic service, saved me a ton of time and running around. Thanks!
Reply from Staff on September 16th, 2021
Thank you!
September 16th, 2021
Name: Jon W.
Review: Useless for me. My deed could not be pulled. After investigation, I got a copy online directly from WV for $3. No one but editors of this will ever see this. Shame.
Reply from Staff on September 16th, 2021
Thank you for your feedback. We really appreciate it. Have a great day!
September 16th, 2021
Name: DAVID F.
Review: excellent experience with this product. Well worth the cost to save time running down forms
Reply from Staff on September 16th, 2021
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
September 16th, 2021
Name: Gwen N.
Review: Easy to use
Reply from Staff on September 16th, 2021
Thank you!
September 15th, 2021
Name: Carlos T.
Review: Site was easy to use and forms were exactly what I needed. Will use this in the future for other needed forms. A+
Reply from Staff on September 15th, 2021
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
September 15th, 2021
Name: Margaret F.
Review: They were very responsive although not able to find the document I was requesting. Will be checking to make sure they refunded the fee on my credit card
Reply from Staff on September 15th, 2021
Thank you for your feedback. We really appreciate it. Have a great day!
September 15th, 2021
Name: Curtise L.
Review: Excellent experience. Quickly responded and was able to get us exactly what we needed!
Reply from Staff on September 15th, 2021
Thank you!
September 15th, 2021
Name: Renee M.
Review: My sister in law is in a hospital ICU with Covid, so we were trying to get her affairs in order. Deeds.com made this difficult situation so much better by making this process very easy to understand and do.
Reply from Staff on September 15th, 2021
Glad we could help Renee, hoping the very best for you and your family.
Price: $21.97
Important Notice:
You understand and agree that you are ordering, and will receive, blank forms for creating a deed. You are NOT ordering a copy of your existing deed. Click Here for information on getting a copy of your existing deed.
Placing an order constitutes your explicit agreement with our Terms of Use