State Summary—Oklahoma Basic Information Format of Documents

State Summary--Oklahoma

Basic Information

Local Organization: 77 counties; one recording office per county Head Official Title: County Clerk Latest Amendments to Real Estate Recording Statutes Effective: July 1, 2001 Types of Real Estate Liens: Mortgage/Trust Deed ? Release

Format of Documents

New format requirements summarized below are effective by statute as of July 1, 1997, amending requirements effective November 1, 1996. Items marked with an asterisk (*) are not covered by statute, but rather are the suggestions of the editors for assuring that your documents are legibly reproducible by any micrographic or imaging equipment. See page 3 for a definition of "nonconforming document." Paper:

Quality: xerographically reproducible (white, 20 lb.*) First Page:

Size: up to 8?" by 14" Margins: 1" top margin; ?" other margins. (A conflicting statutory requirement calls for sufficient

space for stamps and recording information; therefore, we recommend a 3" top margin to avoid an extra page fee with the return-to address on the left hand side below the top 1". Also, some counties have asked for 1" side margins.*) Other Pages: Clearly mark and cross reference all exhibits Size: up to 8?" by 14" Margins: 1" top margin; ?" other margins. Print: Typed; computer generated (dot matrix or laser) in clear typeface; or legibly handwritten Minimum Size: None, but must be clearly legible Color: Dark ink (Black ink*) Title/Caption: Include a caption briefly stating the nature of the instrument* Legibility Standard: Clearly legible and xerographically reproducible.

Content of Documents

Legal Description of Property: A legal description must be included in all instruments. Effective July 1, 1997, the acceptable forms of specific legal description are no longer stated, and probably includes one of these four types: lot/block/addition/town; metes and bounds; nearest quarter section; government survey description including the numerical section, township, range and county. Also include book & page and original document date on all subsequent documents referencing the original recording. If more than 25 legal descriptions are contained in one document, they must be listed in order by addition, block, and lot, or by township range and section.

Signatures: All names and titles should be typed beneath original signatures. Corporate seal no longer required. All instruments executed by a corporation must be signed by an attorney-in-fact, president, or vice-president; or chairman or vice-chairman of the board of directors (Added 1/97).

Addresses: Include mailing address of buyer, grantee, mortgagee, assignee, etc.. Notarization/Acknowledgment: Notarial certificate including signature, date of acknowledgment, date of

expiration, and seal or stamp. Witnesses: No requirement. Preparer/Return-to: All documents must include a return-to address. Reference Number: Generally, book & page plus docket or instrument number. Many recording offices

request all previously recorded document references be included on subsequent related documents. Other: Deeds submitted must include a "proof of purchase" affidavit stating purchase price or documentary

tax exemption code.

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State Summary--Oklahoma

Most Common Reasons For Rejection

1. Legal description missing/incomplete/illegible 2. Fee incorrect/missing 3. Improper notarial certificate, especially seal missing 4. Address of buyer not on face of deed 5. Address of grantee, mortgagee, assignee, etc. not on other documents 6. Documentary stamps or exemption statement missing from deeds 7. Reference to original document missing from subsequent documents 8. Submitted to wrong county. 9. Non-original documents not certified

Fee Structure

Records Management and Preservation Fund: Effective July 1, 2001, add $5.00 to all basic fees. First Page Fee: $13.00 (Includes records management and preservation fee.) Additional Pages Fee: $2.00 per page Penalty Fees: If there is not enough space for recorder stamp and documentary tax stamp, an additional page

fee may be charged by most counties. Some, however, will reject these documents. Effective January 1, 1998, a "nonconforming document," incurs a fee of $25.00 for the first page (rather than $8.00) and $10.00 (rather than $2.00) for each additional page. A nonconforming document is one that does not meet the format requirements listed above, does not contain a specific legal description, is not an original or certified copy, does not contain information sufficient for indexing, does not contain a return-to address, or does not contain sufficient space for stamps and recording information. See page 3 for more details Some counties may charge an extra page fee for each page larger than 8?" by 14". Special Fees: If more than 25 legal descriptions are listed on one page, fee is $1.00 for each additional section listed on that page. Taxes: Documentary Stamp Tax on deeds is $0.75 per $500 or fraction thereof based on consideration, not including liens and encumbrances. Pay this tax to the County Clerk. Mortgage Tax is $0.10 per $100 or fraction thereof of debt for mortgage terms of five (5) years or more. The mortgage tax is as follows for other mortgage terms: (1) $.08 per $100 or fraction thereof of the amount of the mortgage for a mortgage with a term of four years or more but less than five years; (2) $.06 per $100 or fraction thereof of the amount of the mortgage for a mortgage with a term of three years or more but less than four years; (3) $.04 per $100 or fraction thereof of the amount of the mortgage for a mortgage with a term of two years or more but less than three years; (4) $.02 per $100 or fraction thereof of the amount of the mortgage for a mortgage with a term of less than two years. Where the amount of the mortgage is less than $100, a flat tax of $.10 per $100 or fraction thereof of the amount of the mortgage is collected. Add $5.00 certification fee to the computed mortgage tax and make the check payable to the County Treasurer.

Recording Practices

Blanket Assignments: Most recording offices will accept blanket assignments generally at no extra fee per additional assignment, as noted on detail pages.

Blanket Releases: Many recording offices will accept blanket releases generally at no extra fee per additional release, as noted on detail pages.

Self Addressed Stamped Envelope: Most recording offices request, and a few require, as noted on detail pages.

Turnaround Time: From one day to two weeks in most counties. Indexing System: Generally a combined index of all documents called "Grantor/Grantee" although there are

various other names used. Counties may also have an index by tract. Some counties maintain separate grantor/grantee and mortgagor/mortgagee indexes.

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State Summary--Oklahoma

Nonconforming Document

The amendment to 19 O.S. 1991, Section 298 defines a "nonconforming document" as one that fails to meet any one of the following criteria for a document that conforms to the state's requirements: 1. Document is an original or certified copy. 2. Document is "clearly legible." (Any specific type size limitation has been eliminated.) 3. Document describes property by "its specific legal description." 4. Document includes all information necessary to indexing. 5. Document lists the mailing address of the entity to which it is to be returned. 6. If document contains more than 25 legal descriptions, they must be listed in order by addition, block and

lot if platted, or by township, range and section if described by government survey description. 7. Document must be in English. 8. Document must use a reproducible using dark ink on appropriate paper. 9. Document must be no larger than 8?" x 14" (with the exception of plats). 10. Document must have "sufficient [blank] space" for documentary stamps and recording information (see

more below about this requirement). 11. Top margin must be at least 1" and other margins at least ?" on all pages (see more below about this

requirement). WHAT IS "SUFFICIENT SPACE"? The statute allows a county that receives a document without sufficient space per item 10 above to add a blank page for stamps and recording information. Most counties also charge $2.00 for the added extra page rather than the nonconforming fee. But how do you determine if your document meets the sufficient space standard when each county may have a different definition of this term, depending on the type of stamping method and equipment used.

If you wish to standardize your Oklahoma forms, we suggest using a 3" top margin on the first page of your documents, with the return-to address on the left hand side 1" below the top, and 1" side and bottom margins (some counties request this).

Nonconforming Document Fees

Documents recorded in Oklahoma must have, among other requirements under a 1997 statute, "sufficient space" for document stamps and recording information, or else a significant penalty fee ($25.00 total for the first page, and $10.00 total for each additional page) is supposed to be charged.

We asked our staff to survey the Oklahoma recording offices to find out how they charge for the failure of a preparer to provide enough space. They found four answers, depending on the county:

(1) The hard liners--These offices charge the $25.00 plus $10.00 per additional page, including the page they need to add for the stamps. Thus, a one-page document without sufficient space will cost $35.00. These offices include Caddo, Carter, Coal, Comanche, Cotton, Dewey, Greer, Harper, Johnston, Logan, Love, McClain, Muskogee, Oklahoma, Pottawatomie, Rogers, Texas, Washington, and Woodward.

(2) The alternative hard liners--These offices charge the $25.00 non-conforming fee, but only $2.00 extra for the page they need to add for stamps. These offices include Beckham, Bryan, Cherokee, Ellis, Garvin, Grady, Grant, Harmon, Kingfisher, Le Flore, Ottawa, Payne, Pittsburg and Tulsa.

(3) The second alternative hard liners--These offices still want the $25.00 for failure to provide sufficient space, but they do not charge for the extra page required for stamps. They are Adair, Alfalfa, Atoka, Beaver, Blaine, Cleveland, Craig, Custer, Jefferson, Murray, Stephens and Washita.

(4) The easy-to-please offices--The remaining 28 offices do not consider the lack of space to constitute nonconformance. They only charge the extra $2.00 for the stamp page on the theory that adding the page makes the document conform.

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State Summary--Oklahoma

UCC Filing--Equipment Collateral

Forms Designations: UCC-1, UCC-3 (amendment, continuation, termination); UCC-11 (search request).

Central Filing Office Mailing Address: UCC Recorder Oklahoma County Clerk County Office Building, Rm 107 320 Robert S. Kerr Avenue Oklahoma City, OK 73102

Telephone:

405-713-1521 (CST)

Basic Filing Fee (standard form UCC-1, no attachments, one debtor, one secured party: $10.00

Notes: (1) Real estate financing instruments that include fixture collateral are sufficient as to that collateral only as

a fixture if the requirements of Article 9 of the UCC are met. If the fixture collateral could also be construed as equipment, an equipment filing under the UCC may be required to perfect an interest in that collateral. (2) Certain types of equipment collateral may require local filing. (3) See The Uniform Commercial Code Filing Guide for complete information on UCC filing practices.

Disclaimer

The Real Estate Recording Guide is not a legal manual. Rather, it is designed to be used as a tool by real estate documentation specialists to facilitate the recording of real estate related documents. All summaries of law and local practices included herein are based upon responses to inquiries of local recording officials, are presented for basic informational purposes, and do not purport to be statements of or interpretation of law. Real estate law is a complex subject with significant variations from state to state. The publisher, Legal Publications, LLC., and the editors are not engaged in rendering legal, accounting, or other professional services. Questions regarding the legal sufficiency of any document should be referred to an attorney with competency in real estate law. Legal Publications, LLC. and the editors specifically disclaim any liability for claims, damages, loss or risk which may arise as a consequence, directly or indirectly, of the use of information provided herein.

Use Restriction

IMPORTANT NOTICE: Our agreement to provide The Real Estate Recording Guide to you is expressly conditioned upon your agreement not to copy or download information from The Real Estate Recording Guide and not to use information from The Real Estate Recording Guide for such purposes as the maintenance of databases or incorporation in products that you might control (for which purposes a separate license is required). The Real Estate Recording Guide is being furnished solely to assist in the performance of internal or client services.

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As published by the Oklahoma counties:

State Summary--Oklahoma

? 2007 The Real Estate Recording Guide. All rights reserved.

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