Bulletin: OK2023002

Dear Associates:

Effective November 1, 2023, any deed must have attached as an exhibit an affidavit executed by each grantee in the deed to be accepted for recording. The law also provides that the Attorney General promulgate affidavit forms for individual and entity grantees to comply with the law. The promulgated affidavits can be found here.

Underwriting Requirements

1. Effective immediately all commitments for title insurance must include the following requirement in Schedule B, Part 1:

“Any deed required to convey the Title to be insured on or after November 1, 2023, must have attached as an exhibit the affidavits required by 60 O.S. §121 and must be recorded in the Public Records.”

2. For any transaction in which a deed is being offered for recording on or after November 1, 2023, any policy may only be issued if the deed complies with all requirements of 60 O.S. §121, including having attached as an exhibit a properly executed affidavit by each grantee, and is recorded in the Public Records.

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

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