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Requirements
§19-298. Recordable interests.
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 twenty-five
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be withdrawn and refiled during the same business day, the county clerk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
Sections 287 or 291 of 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. 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.
The top margin of all documents shall be at least one (1) inch and
all other margins shall be at least one-half (1/2) 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.
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.
E.
All documents accepted for filing, including all documents filed
before
the effective
date of this act, 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 the effective
date of this act.
Fee Schedule
§28-32. County
clerk - Fees.
A. Notwithstanding any other
provision of law county clerks shall charge and
collect the following flat fees to be uniform throughout the state
regardless of the recording method used, and the county clerks
shall
not be required to itemize or charge these fees pursuant to any
other
schedule, except as specifically provided by law:
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For recording the first page of deeds,
mortgages and any other instruments not subject to the fee imposed
by Section 1-9-525 of Title 12A
of the Oklahoma Statutes
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$8.00
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For recording each additional page of
same instrument
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$2.00
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For furnishing hard copies of
microfilmed records to bonded abstractor only, per page
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$1.00
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For furnishing photographic copies of
photographic records, or typewritten script or printed records, per
page
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$1.00
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For recording Plat of one Block or less
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$10.00
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For recording Plat of more than one
Block
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$25.00
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For certifying to any copy per page
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$1.00
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For recording an assignment of Tax Sale
Certificate to be paid by the party purchasing
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$5.00
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For recording of any mark or brand and
giving certificate for same
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$5.00
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For recording each certificate for
strays and forwarding description of same, as required by law
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$1.00
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a.
For recording and filing of Mechanics’ or materialmen’s liens which
includes the release thereof
b.
For preparing and mailing notice of mechanics’ or materialmen’s
lien
plus the actual cost of postage
c.
For each additional page or exhibit
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$10.00
$8.00
$5.54
$2.00
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For recording and filing of fictitious
name partnership certificates.
To this fee shall be added the fees
required by Sections 81 through 86 of Title 54 of the Oklahoma
Statutes.
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$5.00
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For recording the first page of deed,
mortgages, and other instruments which are nonconforming pursuant to
subsection C of Section 298 of Title 19 of the Oklahoma Statutes
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$25.00
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For Recording each additional page of
an instrument which is non conforming pursuant to subsection C of
Section 298 of Title 19 of the
Oklahoma Statutes
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$10.00
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B. The fees prescribed in paragraph 4 of
subsection A of this section shall
be deposited into the County Clerk’s Lien Fee Account, created
pursuant to
Section 265 of Title 19 of the Oklahoma Statutes.
C. For the purpose of preserving,
maintaining, and archiving recorded
instruments including, but not limited to, records management,
records
preservation, automation, modernization, and related lawful
expenditures,
in addition to all other fees required by law, the county clerk
shall
collect Five Dollars ($5.00) for each instrument recorded with the
Registrar of Deeds.
D. There is hereby created a fund to be
known as the “County Clerk’s Records
Management and Preservation Fund”.
The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of the
fees and
monies accruing to the fund, as prescribed in subsection C of this
section
with all monies accruing to the fund to be expended by the clerk
and not
transferred to any other fund.
The intent of this section is to increase
the net funding level available to the county clerk to maintain
and
preserve public records.
E.
The fees and costs prescribed in this section shall not apply to
child
support enforcement offices operated by or on behalf of the
Department of
Human Services’ Child Support Enforcement Division. County clerks shall
not charge any fees or costs to such offices, the Division, or the
Department.
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