Delaware County Notice of Bond to Discharge Lien Form

Delaware County Notice of Bond to Discharge Lien Form
Fill in the blank Notice of Bond to Discharge Lien form formatted to comply with all Oklahoma recording and content requirements.

Delaware County Notice of Bond to Discharge Lien Guide
Line by line guide explaining every blank on the form.

Delaware County Completed Example of the Notice of Bond to Discharge Lien Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Oklahoma and Delaware County documents included at no extra charge:
Where to Record Your Documents
Delaware County Clerk
Jay, Oklahoma 74346
Hours: 8:00 to 4:30 Monday through Friday
Phone: (918) 253-4520
Recording Tips for Delaware County:
- White-out or correction fluid may cause rejection
- Documents must be on 8.5 x 11 inch white paper
- Avoid the last business day of the month when possible
- Ask for certified copies if you need them for other transactions
Cities and Jurisdictions in Delaware County
Properties in any of these areas use Delaware County forms:
- Colcord
- Eucha
- Grove
- Jay
- Kansas
- Oaks
- Twin Oaks
Hours, fees, requirements, and more for Delaware County
How do I get my forms?
Forms are available for immediate download after payment. The Delaware County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Delaware County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Delaware County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Delaware County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Delaware County?
Recording fees in Delaware County vary. Contact the recorder's office at (918) 253-4520 for current fees.
Questions answered? Let's get started!
Discharging an Oklahoma Lien by Posting Bond
Property owners feel a strong motivation to prevent and remove any liens from their land. Liens interfere with ownership interests and can interfere with obtaining refinancing, selling property, or using it as collateral for a loan. Therefore, in order to remove or prevent a lien from being placed on your land, owners may deposit a bond as security. The bond lets the lien claimant know that a lien won't be necessary because the bond is available if payment ever becomes an issue.
Any property owner or other interested party, including but not limited to mortgagees, contractors, subcontractors and others against whom a lien claim is filed under the provisions of the law relating to mechanics' and materialmen's liens, may at any time discharge the lien by depositing with the county clerk in whose office the lien claim has been filed either: an amount of money equal to one hundred twenty-five percent (125%) of the lien claim amount; or a corporate surety bond with a penal amount equal to one hundred twenty-five percent (125%) of the lien claim amount. O.S. 42-147.1.
Within three (3) business days after the deposit of money or bond is made, the county clerk must serve upon the lien claimant, at the address shown on the lien claim, written notice setting forth: (1) the assigned number of the lien claim; (2) the name of the lien claimant; (3) the name of the property owner; (4) the name of the alleged debtor, if someone other than the property owner; (5) the property description shown on the lien claim; and (6) the amount of cash deposited or, if a bond is filed, the names of the principal and surety and the bond penalty. Id.
The party seeking to discharge the lien must prepare and deliver the notice to the county clerk and pay the appropriate fee. Id. If cash is deposited, the county clerk must immediately show the lien released of record. Id. If a bond is deposited, the lien claimant will have ten (10) days after the notice is mailed within which to file a written objection with the county clerk and if a written objection is not timely filed, the county clerk shall immediately show the lien released of record. Id. If an objection is timely made, the county clerk will set a hearing within ten (10) days thereafter and notify by ordinary mail both the lien claimant and the party making the deposit of the date and time thereof. Id.
The only possible grounds for an objection include: (1) the surety is not authorized to transact business in this state; (2) the bond is not properly signed; (2) the penal amount is less than one hundred twenty-five percent (125%) of the claim; (3) the power of attorney of the surety's attorney-in-fact does not authorize the execution; (4) there is no power of attorney attached if the bond is executed by anyone other than the surety's president and attested by its secretary; or (5) a cease and desist order has been issued against the surety either by the Insurance Commissioner or a court of competent jurisdiction. Id.
Within two (2) business days following the hearing the county clerk will either sustain (grant) or overrule (deny) the objections and notify the parties of the county clerk's ruling by ordinary mail. Id. If the objections are granted, the ruling of the county clerk will be conclusive for lien release purposes unless appealed within ten (10) days to the district court. Id. If the objections are overruled, the county clerk shall immediately show the lien released of record. Id.
This article is provided for informational purposes only and should not be relied upon as a substitute for the advice of a legal professional. Please consult with an Oklahoma attorney with questions about mechanic's liens or discharging a lien by posting a bond.
Important: Your property must be located in Delaware County to use these forms. Documents should be recorded at the office below.
This Notice of Bond to Discharge Lien meets all recording requirements specific to Delaware County.
Our Promise
The documents you receive here will meet, or exceed, the Delaware County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
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August 31st, 2021
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