Oklahoma § 12-1141.5 - Liability for damages, costs and attorney fees

§ 12-1141.5. Liability for damages, costs and attorney fees

A. If a requestor prepares a notice pursuant to Section 3 of

this act, and:

1. The respondent receives the notice and fails to respond, or

2. The respondent requests clarification or additional

information and then subsequently refuses to execute and deliver a

curative instrument or to take the corrective action identified in

the notice, or

3. The respondent refuses to claim the notice, or

4. The respondent receives the notice and refuses to take the

action requested in the notice,

then in the event that the requestor files an action to quiet title

to the subject parcel pursuant to Section 1141 of Title 12 of the

Oklahoma Statutes, and the civil action results in a judgment for

the plaintiff which could have been accomplished through the

execution and delivery of a curative instrument or the taking of

corrective action identified in a notice, the plaintiff in the quiet

title action, in addition to any other requested relief, shall be

entitled to recover damages equal to the actual expenses incurred by

the plaintiff in identifying the relevant instrument, preparing the

notice to the respondent pursuant to Section 3 of this act, and the

expenses of litigation directly related to obtaining judgment

quieting title in the plaintiff with respect to the interest or

apparent interest forming the basis of the action against the

respondent, including costs and reasonable attorney fees.

B. If a defendant in the quiet title action who either failed

to respond to a notice pursuant to Section 4 of this act or who

refused to execute and deliver a curative instrument or take

corrective action identified in the notice prevails in the quiet

title action, the defendant in the quiet title action, in addition

to any other requested relief, shall be entitled to recover damages

equal to the actual expenses incurred by the defendant in responding

to the notice from the requestor pursuant to Section 4 of this act,

and the expenses of litigation directly related to obtaining

judgment quieting title in the defendant or asserting an affirmative

defense with respect to the interest or apparent interest forming

the basis of the action against the defendant, including costs and

reasonable attorney fees.

Added by Laws 2000, c. 147, § 5, eff. Nov. 1, 2000.

Oklahoma Statutes - Title 12. Civil Procedure