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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 978 By: Howard
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6 AS INTRODUCED
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7 An Act relating to recordable instruments; amending
7 19 O.S. 2021, Section 298, as amended by Section 1,
8 Chapter 250, O.S.L. 2024 (19 O.S. Supp. 2024, Section
8 298), which relates to filing of recordable
9 instruments; modifying certain margin requirements;
9 providing an effective date; and declaring an
10 emergency.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 19 O.S. 2021, Section 298, as
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15 amended by Section 1, Chapter 250, O.S.L. 2024 (19 O.S. Supp. 2024,
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16 Section 298), is amended to read as follows:
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17 Section 298. A. Every county clerk in this state shall require
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18 that the mandates of the Legislature be complied with, as expressed
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19 in Sections 287 and 291 of this title, and for that purpose, every
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20 instrument offered which may be accepted by the county clerk for
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21 recording, affecting specific real property whether of conveyance,
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22 encumbrance, assignment, or release of encumbrance, lease,
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23 assignment of lease or release of lease, shall be an original or
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24 certified copy of an original instrument and clearly legible in
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Req. No. 1500 Page 1
1 accordance with the provisions of subsection B of this section, and
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2 shall by its own terms describe the property by its specific legal
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3 description, and provide such information as is necessary for
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4 indexing as required in Sections 287 and 291 of this title, and on
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5 each such instrument shall be listed the mailing address of the
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6 grantee, mortgagee, assignee or other designated party to which the
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7 instrument is to be delivered after recording. If an instrument
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8 offered to a county clerk for recording contains more than twenty-
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9 five legal descriptions requiring separate entries in the indexes
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10 required by Sections 287 and 291 of this title, the descriptions
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11 shall be sorted by addition, block, and lot if platted property, or
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12 by township, range, and section if described by governmental survey
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13 description. Any instrument offered to a county clerk for recording
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14 containing more than twenty-five legal descriptions per page,
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15 counted as each description which could require a separate line
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16 entry in the numerical index, shall be accompanied by an additional
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17 filing fee of One Dollar ($1.00) per legal description in excess of
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18 twenty-five legal descriptions per page to be paid to the county
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19 clerk. Unless the person offering a nonconforming instrument for
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20 filing is willing to reform the instrument to conform to statutory
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21 requirements, for which purpose it may be withdrawn and refiled
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22 during the same business day, the county clerk may refuse to record
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23 the same in the records of deeds, leases or mortgages or to index
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24 the same upon the index records referred to in Section 287 or 291 of
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Req. No. 1500 Page 2
1 this title, or to file or record the same in the office of the
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2 county clerk.
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3 B. All documents filed of record in the office of the county
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4 clerk pursuant to subsection A of this section or pursuant to any
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5 other law shall be an original or a certified copy of an original
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6 document. Such documents shall be clearly legible, in the English
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7 language, using xerographically reproducible dark ink, on paper of a
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8 color that is xerographically reproducible by the copying equipment
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9 in use by the county clerk. Unless otherwise provided by law, such
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10 documents shall measure no larger than eight and one-half (8 1/2)
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11 inches by fourteen (14) inches. All documents shall provide an area
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12 free of printed information sufficient in size to accommodate
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13 affixation of the documentary stamps required by Section 3201 of
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14 Title 68 of the Oklahoma Statutes, any certification of the payment
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15 of mortgage taxes required by Section 1901 et seq. of Title 68 of
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16 the Oklahoma Statutes, and the recording information affixed by the
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17 county clerk upon acceptance of a document for recordation. Any
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18 part of a signature or any stray markings within the margin shall
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19 not void the requirements for accepting and filing any document by
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20 any county within the state, provided there remains sufficient space
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21 for the affixation of stamps and recording information without
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22 covering language contained in the instrument. If an instrument
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23 submitted to the county clerk for recording does not contain
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24 sufficient space for the affixation of such stamps and recording
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Req. No. 1500 Page 3
1 information without covering language contained in the instrument,
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2 the county clerk shall attach an additional page to the document to
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3 provide for the affixation of such stamps and recording information.
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4 A county clerk shall not charge any additional fee or fine for stray
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5 markings within the margin of a document. The top margin of the
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6 first page of all documents shall be at least two (2) inches and all
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7 other margins shall be at least one (1) inch.
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8 C. Despite any provision in this section to the contrary, the
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9 county clerk shall accept for filing any document that fails to meet
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10 the requirements of subsection B of this section if:
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11 1. The document is an original or a certified copy of an
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12 original;
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13 2. The document is legible without the aid of magnification or
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14 other enhancement of the text;
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15 3. The document is xerographically reproducible by the copying
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16 equipment in use by the county clerk;
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17 4. The document meets all other statutory requirements for
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18 recordation; and
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19 5. The person offering the instrument for recording pays the
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20 additional fee provided in Section 32 of Title 28 of the Oklahoma
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21 Statutes for nonconforming documents.
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22 D. Despite any provision in this section to the contrary, a
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23 digitized image or electronic copy of an original or certified copy
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24 of an original instrument or document shall satisfy the requirement
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1 that the document be an original or certified copy of an original
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2 instrument or document, provided that the digitized image or
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3 electronic copy is submitted for recording electronically pursuant
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4 to the Uniform Real Property Electronic Recording Act in Title 16 of
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5 the Oklahoma Statutes and all other rules promulgated pursuant to
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6 that act.
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7 E. This section shall not apply to plats, filings under the
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8 Uniform Commercial Code, or any other instruments that may be filed
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9 pursuant to any other law.
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10 F. All documents accepted for filing, including all documents
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11 filed before February 18, 1997, shall be deemed to comply with the
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12 requirements of this section and, except as otherwise provided by
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13 law, impart constructive notice of the contents of such document to
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14 third parties unless a person claiming adversely to any such
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15 document files an affidavit setting forth the basis of such claim in
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16 the office of the county clerk of the county where the property is
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17 located within six (6) months from February 18, 1997.
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18 SECTION 2. This act shall become effective July 1, 2025.
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19 SECTION 3. It being immediately necessary for the preservation
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20 of the public peace, health or safety, an emergency is hereby
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21 declared to exist, by reason whereof this act shall take effect and
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22 be in full force from and after its passage and approval.
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24 60-1-1500 TEK 1/19/2025 5:47:04 AM
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Req. No. 1500 Page 5Every fact on this page links to its source, starting with the official bill record.