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Oklahoma Special Warranty Deed Form

Title to real property in Oklahoma can be transferred by a deed in writing. Real property in this state is defined as land, that which is affixed to land, that which is incidental or appurtenant to land, and that which is immovable by law (60 5). A special warranty deed can be used to transfer title to real property in this state. The Oklahoma Statutes do not provide a form for a special warranty deed. A special warranty deed provides some of the same covenants as a general warranty deed, but does not offer as much protection. The covenants from a grantor to a grantee in a special warranty deed are as follows: at the time of the making of the deed, the grantor is legally seized of an indefeasible estate in fee simple of the premises described and has good right and full power to convey the same; that the property is clear of all encumbrances and liens; and that he warrants to the grantee the quiet and peaceable possession thereof, and will defend the title thereto against all persons who may lawfully claim the same by, through, or under the grantor.

A county recorder in Oklahoma will not receive a special warranty deed for recording unless it has been executed and acknowledged in compliance with the Oklahoma Statutes. A special warranty deed that has not been properly executed and acknowledged but is nonetheless recorded will not be effective for any purpose (16 26). An acknowledgment of a special warranty deed can be in substantially the same form provided in 16-33 of the Oklahoma Statutes or in a form provided by the Uniform Law on Notarial Acts. An acknowledgment must be under the seal of the officer taking such acknowledgment. Acknowledgments taken in Oklahoma can be made before a notary public, county clerk, clerk of a district or county court, or a county judge. If taken out-of-state, acknowledgments can be taken before any of the officers listed in 16 35 of the Oklahoma Statutes. Special warranty deeds acknowledged in another state will be valid in Oklahoma.

The act of recording a special warranty deed that has been acknowledged or proved, certified, and recorded will allow it to serve as constructive notice of the contents thereof to subsequent purchasers, mortgagees, encumbrancers, or creditors from the time it is filed with the register of deeds for recording (16 16). Although no acknowledgment or recording is necessary to the validity of a special warranty deed as between the parties to the instrument, the deed will not be valid against third persons unless it has been acknowledged and recorded as provided by statute (16 15). A special warranty deed is recorded in the county where the property is located. When real property is situated in more than one county and the deed has been recorded in either of such counties, a certified copy of the recorded deed may be recorded in the other county and it will be as if the original had been recorded (16 43). Oklahoma Special Warranty Deed Forms Have Been Updated as Recently as Monday February 5, 2018