Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 925 By: Hamilton
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6 AS INTRODUCED
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7 An Act relating to frauds; creating a criminal
7 penalty and providing for certain imprisonment or
8 fine; requiring county clerk to post certain signage;
8 providing for filing of certain acknowledgement and
9 affidavit; providing for certain judicial process;
9 providing certain form order; providing for
10 codification; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. NEW LAW A new section of law to be codified
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15 in the Oklahoma Statutes as Section 1534 of Title 21, unless there
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16 is created a duplication in numbering, reads as follows:
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17 A. A person commits deed theft when he or she:
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18 1. Intentionally alters, falsifies, forges, or misrepresents a
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19 property document such as a residential or commercial deed or title,
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20 with the intent to deceive, defraud, or unlawfully transfer or
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21 encumber the ownership rights of residential or commercial property;
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22 2. With intent to defraud, misrepresents himself or herself as
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23 the owner or authorized representative of a residential or
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24 commercial real property to induce others to rely on such false
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1 information in order to obtain ownership or possession of such real
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2 property; or
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3 3. With intent to defraud, takes, obtains, steals, or transfers
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4 title or ownership of real property by fraud, forgery, larceny, or
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5 any other fraudulent or deceptive practice.
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6 B. A person that procures or places upon record any conveyance
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7 of real estate with intent to deceive any person as to the veracity
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8 of the document recorded is guilty of a felony punishable by
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9 imprisonment in the custody of the Department of Corrections for not
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10 more than three (3) years, or a fine not more than Five Thousand
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11 Dollars ($5,000.00), or by both such imprisonment and fine.
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12 C. A person that knowingly and willfully drafts or submits a
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13 document to be filed and recorded with a register of deeds in this
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14 state with intent to defraud the owner of real estate or the owner
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15 of an interest in real estate is guilty of a felony punishable by
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16 imprisonment in the custody of the Department of Corrections for not
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17 more than ten (10) years, or a fine not more than Five Thousand
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18 Dollars ($5,000.00), or by both such imprisonment and fine.
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19 SECTION 2. NEW LAW A new section of law to be codified
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20 in the Oklahoma Statutes as Section 1534.1 of Title 21, unless there
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21 is created a duplication in numbering, reads as follows:
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22 A county clerk shall post a sign, in letters at least one inch
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23 in height, that is clearly visible to the general public in or near
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24 the clerk's office stating that it is a crime to intentionally or
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Req. No. 1017 Page 2
1 knowingly file a fraudulent court record or a fraudulent instrument
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2 with the clerk.
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3 SECTION 3. NEW LAW A new section of law to be codified
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4 in the Oklahoma Statutes as Section 1534.2 of Title 21, unless there
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5 is created a duplication in numbering, reads as follows:
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6 A. A person against whom a purported document was rendered who
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7 has reason to believe that a document previously filed or recorded
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8 or submitted for filing or for filing and recording is fraudulent
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9 may complete and file with the court clerk a motion, verified by
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10 affidavit by a completed form for ordinary certificate of
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11 acknowledgement. The form and affidavit shall be substantially as
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12 follows:
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13 Cause No.______
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14 IN RE: A PURPORTED FRAUDULENT LIEN/CLAIM ON PROPERTY
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15 Name of Purported Debtor:______
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16 In the District Court of ______, Oklahoma
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17 Now Comes ______ (Name) and files this motion requesting a
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18 judicial determination of the status of documentation or an
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19 instrument purporting to create an interest in real or personal
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20 property or a lien or claim on real or personal property or an
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21 interest in real or personal property filed in the office of the
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22 County Clerk of ______ County, Oklahoma, and in support of the
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23 motion would show the court as follows:
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24 I.
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1 ______(Name), hereafter movant, is the purported obligor or
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2 debtor or person who owns the real or personal property or the
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3 interest in real or personal property described in the documentation
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4 or instrument.
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5 II.
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6 On ______ (Date), in the exercise of the county clerk's official
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7 duties as County Clerk of ______ County, Oklahoma, the county clerk
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8 received and filed and recorded the documentation or instrument
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9 attached hereto containing ______ number of pages. The
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10 documentation or instrument purports to have created a lien on real
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11 or personal property or an interest in real or personal property
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12 against one ______ (Name of Purported Debtor).
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13 Additional Purported Debtors, if any: ______
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14 III.
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15 Movant alleges that the documentation or instrument attached
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16 hereto is fraudulent, and that the documentation or instrument
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17 should therefore not be accorded lien status.
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18 IV.
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19 Movant attests that assertions herein are true and correct.
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20 Movant does not request the court to make a finding as to any
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21 underlying claim of the parties involved and acknowledges that this
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22 motion does not seek to invalidate a legitimate lien. Movant
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23 further acknowledges that movant may be subject to sanctions if this
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24 motion is determined to be frivolous.
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1 PRAYER
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2 Movant requests the court to review the attached documentation
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3 or instrument and enter an order determining whether the property
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4 should be accorded lien status, together with such other orders as
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5 the court deems appropriate.
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6 Respectfully submitted,
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7 Signature:_______
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8 Print Name:______
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9 Address:______
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10 Phone Number:______
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11 AFFIDAVIT
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12 The State of Oklahoma
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13 County of ______
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14 BEFORE ME, the undersigned authority, personally appeared
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15 ______, who, being by me duly sworn, deposed as follows:
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16 "My name is ______. I am over 21 years of age, of sound mind,
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17 with personal knowledge of the following facts, and fully competent
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18 to testify.
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19 I further attest that the assertions contained in the
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20 accompanying motion are true and correct."
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21 SUBSCRIBED AND SWORN TO before me, this ______ day of
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22 ______, ______.
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23 ______
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24 NOTARY PUBLIC, State of Oklahoma
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1 ______
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2 Notary's Printed Name
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3 My Commission Expires:______
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4 ______, of lawful age, first being duly sworn, upon oath deposes
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5 and says: That such person is a citizen of the United States, is
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6 over 18 years of age, that such person has been a bona fide resident
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7 of the state for one year, of such county six months and in _____
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8 precinct thirty (30) days next preceding this date; that such person
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9 came to his or her present residence from _________, and is a
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10 legally qualified elector in the precinct on this day and has not
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11 voted in the election.
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12 Subscribed and sworn to before me this _____ day of _________
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13 A.D. (year).
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15 Special Election Commissioner.
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16 B. A motion under this section may be ruled on by a district
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17 judge having jurisdiction over real property matters in the county
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18 such document was filed. The court's finding may be made solely on
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19 review of the documentation or instrument attached to the motion and
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20 without hearing any testimonial evidence. The court's review may be
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21 made ex parte without delay or notice of any kind. An appellate
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22 court shall expedite review of a court's finding under this section.
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23 C. The court clerk shall not collect a filing fee for filing a
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24 motion under this section.
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1 D. After reviewing the documentation or instrument attached to
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2 a motion under this section, the district judge shall enter an
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3 appropriate finding of fact and conclusion of law, which must be
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4 filed and indexed in the same class of records in which such
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5 document was originally filed. A copy of the finding of fact and
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6 conclusion of law shall be sent, by first class mail, to the movant
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7 and to the person who filed the fraudulent lien or claim at the last
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8 known address of each person within seven (7) days of the date that
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9 the finding of fact and conclusion of law is issued by the judge.
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10 E. The court clerk shall not collect a fee for filing a
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11 district judge's finding of fact and conclusion of law under this
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12 section.
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13 F. A suggested form order appropriate to comply with this
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14 section is as follows:
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15 CAUSE NO.______
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16 IN RE: A PURPORTED FRAUDULENT LIEN/CLAIM ON PROPERTY
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17 Name of Purported Debtor:______
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18 In the District Court of ______, Oklahoma
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19 JUDICIAL FINDING OF FACT AND CONCLUSION OF LAW REGARDING A
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20 DOCUMENTATION OR INSTRUMENT PURPORTING TO CREATE A FRAUDULENT LIEN
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21 OR CLAIM ON PROPERTY
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22 On the ______ day of ______, in the above entitled and numbered
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23 cause, this court reviewed a motion, verified by affidavit, of
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24 ______ and the documentation attached thereto. No testimony was
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1 taken from any party, nor was there any notice of the court's
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2 review, the court having made the determination that a decision
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3 could be made solely on review of the documentation under the
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4 authority vested in the court.
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5 The court finds as follows (only an item checked and initialed
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6 is a valid court ruling):
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7 ______ The documentation or instrument attached to the motion
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8 herein IS asserted against real or personal property or an interest
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9 in real or personal property and:
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10 ______(1) IS provided for by specific state or federal statutes
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11 or constitutional provisions;
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12 ______(2) IS created by implied or express consent or agreement
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13 of the obligor, debtor, or the owner of the real or personal
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14 property or an interest in the real or personal property, if
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15 required under the laws of this state, or by consent of an agent,
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16 fiduciary, or other representative of that person; or
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17 ______(3) IS an equitable, constructive, or other lien imposed
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18 by a court of competent jurisdiction created or established under
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19 the constitution or laws of this state or of the United States.
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20 ______ The (Purported Fraudulent Document or Instrument)
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21 attached to this motion herein:
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22 _____(1) IS NOT provided for by specific state or federal
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23 statutes or constitutional provisions;
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1 ______(2) IS NOT created by implied or express consent or
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2 agreement of the obligor, debtor, or the owner of the real or
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3 personal property or an interest in the real or personal property,
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4 if required under the law of this state or by implied or express
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5 consent or agreement of an agent, fiduciary, or other representative
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6 of that person;
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7 ______(3) IS NOT an equitable, constructive, or other lien
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8 imposed by a court of competent jurisdiction created by or
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9 established under the constitution or laws of this state or the
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10 United States; or
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11 ______(4) IS NOT asserted against real or personal property or
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12 an interest in real or personal property. There is no valid lien or
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13 claim created by this documentation or instrument.
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14 This court makes no finding as to any underlying claims of the
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15 parties involved, and expressly limits its finding of fact and
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16 conclusion of law to the review of a ministerial act. The county
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17 clerk shall file this finding of fact and conclusion of law in the
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18 same class of records as such documentation or instrument as was
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19 originally filed, and the court directs the county clerk to index it
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20 using the same names that were used in indexing the subject
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21 documentation or instrument.
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22 SIGNED ON THIS THE ______ DAY OF ______, ______
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23 ______
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24 Presiding Judge
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1 SECTION 4. This act shall become effective November 1, 2025.
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3 60-1-1017 MSBB 1/19/2025 5:46:06 AM
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Req. No. 1017 Page 10Every fact on this page links to its source, starting with the official bill record.