Oklahoma § 16-311 - Notice of fraudulent conveyance

§ 16-311. Notice of fraudulent conveyance

A. A person who is the victim of title theft as defined in

Section 2 of this act may file of record a notice of fraudulent

conveyance, duly verified by oath, setting forth the nature of the

fraudulent conveyance. Such notice may be filed of record by the

victim or by any other person acting on behalf of the victim who is

under a disability or otherwise unable to assert the claim on his or

her own behalf. Such notice shall serve as constructive notice that

the conveyance is alleged to be fraudulent.

B. To be effective and entitled to be recorded, notice of a

fraudulent conveyance shall contain an accurate and full description

of the real property affected by the recorded fraudulent conveyance.

Such notice of fraudulent conveyance shall be filed for record in

the county clerk’s office of the county or counties where the real

Oklahoma Statutes - Title 16. Conveyances

property is situated. Except as provided in subsection D of this

section, the county clerk shall accept any notice presented that

describes real property located in the county and shall enter,

record, and index such notice in the same manner that a deed is

recorded. A county clerk may charge fees for the recording of the

notice in accordance with the county clerk fee schedule set forth in

Section 32 of Title 28 of the Oklahoma Statutes. The name or names

of any victim appearing in such notice shall be entered as a grantee

or grantees in such indexes.

C. Upon the filing of a notice of fraudulent conveyance, the

county clerk shall deliver a copy of the notice to the district

attorney for investigation and potential prosecution.

D. The county clerk may refuse to file a notice of fraudulent

conveyance provided for in subsection B of this section if the clerk

has a reasonable belief that the notice constitutes sham legal

process as defined in subsection H of Section 1533 of Title 21 of

the Oklahoma Statutes, or if the clerk has a reasonable belief that

the notice is being presented as a slander of title to the real

property. If the county clerk refuses to file a notice of

fraudulent conveyance, the aggrieved party may petition the district

court for a writ of mandamus to compel the county clerk to record

the notice pursuant to the provisions of Section 75 of Title 16 of

the Oklahoma Statutes.

Added by Laws 2025, c. 109, § 1, eff. Nov. 1, 2025.