Oklahoma § 19-298 - Recordable instruments - Filing

§ 19-298. Recordable instruments - Filing

A. Every county clerk in this state shall require that the

mandates of the Legislature be complied with, as expressed in

Sections 287 and 291 of this title, and for that purpose, every

instrument offered which may be accepted by the county clerk for

recording, affecting specific real property whether of conveyance,

encumbrance, assignment, or release of encumbrance, lease,

assignment of lease or release of lease, shall be an original or

certified copy of an original instrument and clearly legible in

accordance with the provisions of subsection B of this section, and

shall by its own terms describe the property by its specific legal

description, and provide such information as is necessary for

indexing as required in Sections 287 and 291 of this title, and on

each such instrument shall be listed the mailing address of the

grantee, mortgagee, assignee or other designated party to which the

instrument is to be delivered after recording. If an instrument

offered to a county clerk for recording contains more than twentyfive legal descriptions requiring separate entries in the indexes

required by Sections 287 and 291 of this title, the descriptions

shall be sorted by addition, block, and lot if platted property, or

by township, range, and section if described by governmental survey

description. Any instrument offered to a county clerk for recording

containing more than twenty-five legal descriptions per page,

counted as each description which could require a separate line

entry in the numerical index, shall be accompanied by an additional

filing fee of One Dollar ($1.00) per legal description in excess of

twenty-five legal descriptions per page to be paid to the county

clerk. Unless the person offering a nonconforming instrument for

filing is willing to reform the instrument to conform to statutory

requirements, for which purpose it may be withdrawn and refiled

during the same business day, the county clerk may refuse to record

the same in the records of deeds, leases or mortgages or to index

the same upon the index records referred to in Section 287 or 291 of

Oklahoma Statutes - Title 19. Counties and County Officers

this title, or to file or record the same in the office of the

county clerk.

B. All documents filed of record in the office of the county

clerk pursuant to subsection A of this section or pursuant to any

other law shall be an original or a certified copy of an original

document. Such documents shall be clearly legible, in the English

language, using xerographically reproducible dark ink, on paper of a

color that is xerographically reproducible by the copying equipment

in use by the county clerk. Unless otherwise provided by law, such

documents shall measure no larger than eight and one-half (8 1/2)

inches by fourteen (14) inches. All documents shall provide an area

free of printed information sufficient in size to accommodate

affixation of the documentary stamps required by Section 3201 of

Title 68 of the Oklahoma Statutes, any certification of the payment

of mortgage taxes required by Section 1901 et seq. of Title 68 of

the Oklahoma Statutes, and the recording information affixed by the

county clerk upon acceptance of a document for recordation. Any

part of a signature or any stray markings within the margin shall

not void the requirements for accepting and filing any document by

any county within the state, provided there remains sufficient space

for the affixation of stamps and recording information without

covering language contained in the instrument. If an instrument

submitted to the county clerk for recording does not contain

sufficient space for the affixation of such stamps and recording

information without covering language contained in the instrument,

the county clerk shall attach an additional page to the document to

provide for the affixation of such stamps and recording information.

A county clerk shall not charge any additional fee or fine for stray

markings within the margin of a document. The top margin of all

documents shall be at least two (2) inches and all other margins

shall be at least one (1) inch.

C. Despite any provision in this section to the contrary, the

county clerk shall accept for filing any document that fails to meet

the requirements of subsection B of this section if:

1. The document is an original or a certified copy of an

original;

2. The document is legible without the aid of magnification or

other enhancement of the text;

3. The document is xerographically reproducible by the copying

equipment in use by the county clerk;

4. The document meets all other statutory requirements for

recordation; and

5. The person offering the instrument for recording pays the

additional fee provided in Section 32 of Title 28 of the Oklahoma

Statutes for nonconforming documents.

D. Despite any provision in this section to the contrary, a

digitized image or electronic copy of an original or certified copy

Oklahoma Statutes - Title 19. Counties and County Officers

of an original instrument or document shall satisfy the requirement

that the document be an original or certified copy of an original

instrument or document, provided that the digitized image or

electronic copy is submitted for recording electronically pursuant

to the Uniform Real Property Electronic Recording Act in Title 16 of

the Oklahoma Statutes and all other rules promulgated pursuant to

that act.

E. This section shall not apply to plats, filings under the

Uniform Commercial Code, or any other instruments that may be filed

pursuant to any other law.

F. All documents accepted for filing, including all documents

filed before February 18, 1997, shall be deemed to comply with the

requirements of this section and, except as otherwise provided by

law, impart constructive notice of the contents of such document to

third parties unless a person claiming adversely to any such

document files an affidavit setting forth the basis of such claim in

the office of the county clerk of the county where the property is

located within six (6) months from February 18, 1997.

Added by Laws 1951, p. 43, § 1, emerg. eff. May 26, 1951. Amended

by Laws 1965, c. 417, § 1, emerg. eff. July 7, 1965; Laws 1974, c.

91, § 1; Laws 1979, c. 146, § 1, eff. Oct. 1, 1979; Laws 1989, c. 9,

§ 1, eff. Nov. 1, 1989; Laws 1996, c. 195, § 1, eff. Nov. 1, 1996;

Laws 1997, c. 1, § 2, emerg. eff. Feb. 18, 1997; Laws 1997, c. 233,

§ 2, eff. July 1, 1997; Laws 1998, c. 310, § 4, eff. Nov. 1, 1998;

Laws 2012, c. 36, § 1, eff. Nov. 1, 2012; Laws 2015, c. 176, § 1,

eff. Nov. 1, 2015; Laws 2024, c. 250, § 1, eff. Nov. 1, 2024.