Oklahoma § 16-26 - Acknowledgment before recording

§ 16-26. Acknowledgment before recording

No deed, mortgage or other instrument affecting the real estate

shall be received for record or recorded unless executed and

acknowledged in substantial compliance with this chapter; and the

recording of any such instrument not so executed and acknowledged

shall not be effective for any purpose.

R.L.1910, § 1169.

§16-27a. Instruments recorded for five (5) years valid

notwithstanding defects - Evidence.

A. When any instrument shall have been recorded in the office

of the county clerk in the proper county for the period of five (5)

years, and the instrument contains any of the following defects:

1. It has not been signed by the proper representative of a

legal entity;

2. The representative is not authorized to execute the

instrument on behalf of the legal entity;

3. A power of attorney has not been filed of record for an

attorney in fact executing the instrument;

4. The seal of the legal entity has not been impressed on such

instrument or the record does not show such seal;

5. The instrument is not acknowledged;

6. A deed or conveyance does not bear endorsement of approval

by the appropriate governmental planning authority having

jurisdiction; or

7. Any defect in the execution, acknowledgment, recording or

certificate of recording the same,

such instrument shall, from and after the expiration of five (5)

years from the filing thereof for record, be valid as though such

instrument had, in the first instance, been in all respects duly

executed, acknowledged, approved by the appropriate planning

authority having jurisdiction, and certified. Such instrument or

the record thereof or a duly-authenticated copy thereof shall be

competent evidence without requiring the original to be produced or

accounted for to the same extent that written instruments, duly

executed and acknowledged, or the record thereof, are competent.

However, nothing herein contained shall be construed to affect any

Oklahoma Statutes - Title 16. Conveyances

rights acquired by grantees, assignees or encumbrancers subsequent

to the filing of such instrument for record and prior to the

expiration of five (5) years from the filing of such instrument for

record.

B. This section shall apply to instruments recorded before or

after November 1, 1995. However, with respect to those recorded

before such date, the five-year period specified above shall not

expire until one (1) year after the effective date of this act.

Added by Laws 1941, p. 56, § 1. Amended by Laws 1947, p. 81, § 1;

Laws 1988, c. 168, § 1, eff. Nov. 1, 1988; Laws 1995, c. 232, § 3,

eff. Nov. 1, 1995.