Bulletin: OK000003

Dear Associates:

The Oklahoma Legislature has revised the requirements for recording instruments relating to real property. House Bill 2011 amends 16 Oklahoma Statutes ("O.S.") 1991, Section 28; 19 O.S. 1991, Section 298; and 28 O.S. 1991, Section 32. The changes became effective July 1, 1997.

Requirements

As of July 1, 1997 all instruments submitted for recording must:

• be an original or certified copy;
  
  
• be in the English language;
  
  
• be plainly printed, typed, or handwritten so as to be clearly legible without "magnification or other enhancement" of the text;
  
  
• be capable of being copied by whatever copier the County Clerk is using . The color of the ink and paper must be such that the instrument can be reproduced. This standard will vary from one county to another. It may even vary within the same office if there is more than one copier or if the copier is in varying states of repair. Too light a color of ink or too dark a color of paper may make an instrument "nonconforming";
  
  
• list the mailing address of the grantee, mortgage, assignee or other designated party to which the instrument is to be delivered after recording;
  
  
• meet all other requirements for recording (such as being acknowledged, etc.);
  
  
• if the instrument contains more than twenty-five legal descriptions, it must be sorted by Addition, Block and Lot (if platted) or by Township, Range, and Section (if described by governmental survey description). An additional $1.00 per legal description must be paid for each legal description in excess of twenty-five descriptions;
  
  
• describe the property with a specific legal description adequate to allow indexing;
  
  
• use paper size no larger than 8½ by 14 inches (except for plats or otherwise provided by law);
  
  
• provide the minimum margins which are one inch at the top of the instrument and one-half inch on all other margins; and
  
  
• provide a sufficient margin or space for filing information adequate to allow the Clerk to stamp recording information, and affix deed stamps. If there is not enough space for this information, the Clerk may attach an additional page and charge the filing fee for the additional page. Oklahoma County, for example, requires a 1½" by 1½" square for filing information.

The County Clerk may refuse to record instruments that do not comply with these minimum requirements if they are not reformed and refiled during the same business day. However, the County Clerk may accept nonconforming instruments for filing and after January 1. 1998 charge the additional fees set forth below.

Filing Fees for Nonconforming Instruments

For the balance of 1997, the filing fees will be the same for conforming and nonconforming instruments. After January 1, 1998, the filing fees for instruments will be as shown below:

Constructive Notice

The new act provides that any instrument that is actually recorded will impart constructive notice.

Applicability

The act does not apply to plats, Uniform Commercial Code filings, general judgment liens, or other instruments that may be filed under other specific statutes. It does apply to all instruments affecting specific pieces of property such as deeds, mortgages, assignments, etc.