Oklahoma § 19-267 - Sham legal process

§ 19-267. Sham legal process

A. The county clerk may refuse to file any instrument presented

for filing if the clerk believes that the instrument constitutes

sham legal process, as defined by Section 1533 of Title 21 of the

Oklahoma Statutes.

B. 1. Any person aggrieved by the refusal of a county clerk to

file an instrument may petition the district court for a writ of

mandamus to compel the county clerk to record the instrument.

2. At the time of refusal, the person aggrieved shall file a

notice of refusal with the county clerk for the purpose of

preserving priority of filing in the event the person prevails in

any action so commenced, if the person wishes to preserve priority

of filing. The refusal notice shall be submitted on a form provided

by the county clerk, but must be filled out by the aggrieved party.

A copy of the instrument that the clerk refused to file must be

attached to the notice of refusal. The county clerk shall stamp the

date of refusal on the notice of refusal.

3. The refusal notice shall be in the following form:

STATE OF OKLAHOMA

__________ COUNTY

NOTICE OF REFUSAL

The Office of County Clerk of __________ County, Oklahoma, has

on __________ (date) refused to file a document designated

___________ (title of document or brief description of document).

The document constitutes a claim or lien on the following property:

______________ _______________________________________________

(Description of property. In case of real property, description

must be the legal description for the property.) A copy of the

refused document must be attached to this notice of refusal or the

clerk cannot accept it for filing.

Signed:_____________

Signed: ________________________

County Clerk

Aggrieved party or attorney

for aggrieved party

_______County, Oklahoma

Address:__________________

__________________________

4. The action for mandamus must be filed with the district

court within twenty (20) days after the notice of refusal is filed

with the county clerk. If the writ of mandamus is granted, the

court clerk shall refund the fee for filing the action. Notice of

the pendency of a mandamus action filed pursuant to this section

shall be filed in accordance with Section 2004.2 of Title 12 of the

Oklahoma Statutes. A file-stamped copy of the notice of the

pendency of the action, identifying the case and the court in which

Oklahoma Statutes - Title 19. Counties and County Officers

the action is pending and the legal description of the land affected

by the action shall be filed with the county clerk. If the court

determines that the instrument is not sham legal process or is not

for the purpose of slandering title, the court shall order the

county clerk to record the instrument. The court order shall

include a notation of the book and page number of the index in which

the notice of refusal is located and a statement that abstractors

shall not show the pages on which the attachment to the notice of

refusal is located in any abstract. For any instrument which the

court orders to be filed pursuant to this subsection, the date of

filing shall be retroactive to the date the notice of refusal was

filed.

5. If the court determines that the instrument is sham legal

process, the court shall issue an order that abstractors shall not

show the pages of the index on which the attachment to the notice of

refusal is located in any abstract.

C. If a county clerk files an instrument that is sham legal

process or refuses to file an instrument because the clerk believes

the instrument is sham legal process, the clerk shall be immune from

liability for such action in any civil suit.

D. A clerk shall post a sign, in letters at least one (1) inch

in height, that is clearly visible to the general public in or near

the clerk's office stating that it is a felony to intentionally or

knowingly file or attempt to file sham legal process with the clerk.

Failure of the clerk to post such a sign shall not create a defense

to any criminal or civil action based on sham legal process.

Added by Laws 1997, c. 405, § 3, emerg. eff. June 13, 1997.