Oklahoma § 12-1141.3 - Procedures alternative to quiet title action to remove

§ 12-1141.3. Procedures alternative to quiet title action to remove

cloud on title.

A. Any person or any entity having an interest or claiming an

interest with respect to any parcel of real property who in good

faith asserts that there is an instrument filed in the real property

records of the county in which the real property, or some portion of

the real property, is located and who would otherwise be required to

file a quiet title action with respect to the parcel pursuant to the

provisions of Section 1141 of Title 12 of the Oklahoma Statutes, may

use the procedures authorized by this act to attempt to remove a

cloud or an apparent cloud on the title of the real property by

requesting a respondent to prepare a curative instrument or to take

corrective action.

B. The provisions of this act are permissive and shall not be

required as a condition precedent to the filing of a petition to

quiet title pursuant to Section 1141 of Title 12 of the Oklahoma

Statutes.

C. If making a request pursuant to this act, the requestor

shall send a notice to the respondent which shall include:

1. The specific identity of the person or entity requesting the

respondent to execute or to execute and deliver a curative

instrument or take other corrective action the purpose of which is

to remove a cloud or an apparent cloud on the title of the subject

parcel;

2. A specific identification of the conveyance, instrument or

other document, by reference to:

a.

the county or counties in which the instrument or

document is filed for record,

b.

the book and page number in which the instrument or

other document is recorded,

c.

the identity of the grantor or the person or entity

subscribing the instrument, (if different than the

identified grantor),

d.

the identity of the grantee or grantees,

e.

the legal description of the real property contained

in the instrument,

f.

the date the instrument was executed,

g.

the date the instrument was filed for record, and

h.

such other information as may be required in order for

the respondent to know with reasonable certainty the

exact instrument or instruments to which the requestor

is referring;

3. The nature of the assertion by the requestor regarding the

effect of the instrument or document as a cloud or an apparent cloud

upon the title of the subject parcel; and

Oklahoma Statutes - Title 12. Civil Procedure

4. The nature of the corrective action sought by the requestor,

including, but not limited to, the exact instrument or conveyance

which the requestor would accept from the respondent as a curative

instrument or other corrective action.

D. The requestor shall prepare and send with the notice the

exact instrument or conveyance which the requestor would accept from

the respondent as a curative instrument or other corrective action.

Added by Laws 2000, c. 147, § 3, eff. Nov. 1, 2000.