Okla. Stat. tit. 12, § 12-1141.5
This is the official text of Okla. Stat. tit. 12, § 12-1141.5, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Liability for damages, costs and attorney fees
Official statutory text
A. If a requestor prepares a notice pursuant to Section 3 of
this act, and:
1. The respondent receives the notice and fails to respond, or
2. The respondent requests clarification or additional
information and then subsequently refuses to execute and deliver a
curative instrument or to take the corrective action identified in
the notice, or
3. The respondent refuses to claim the notice, or
4. The respondent receives the notice and refuses to take the
action requested in the notice,
then in the event that the requestor files an action to quiet title
to the subject parcel pursuant to Section 1141 of Title 12 of the
Oklahoma Statutes, and the civil action results in a judgment for
the plaintiff which could have been accomplished through the
execution and delivery of a curative instrument or the taking of
corrective action identified in a notice, the plaintiff in the quiet
title action, in addition to any other requested relief, shall be
entitled to recover damages equal to the actual expenses incurred by
the plaintiff in identifying the relevant instrument, preparing the
notice to the respondent pursuant to Section 3 of this act, and the
expenses of litigation directly related to obtaining judgment
quieting title in the plaintiff with respect to the interest or
apparent interest forming the basis of the action against the
respondent, including costs and reasonable attorney fees.
B. If a defendant in the quiet title action who either failed
to respond to a notice pursuant to Section 4 of this act or who
refused to execute and deliver a curative instrument or take
corrective action identified in the notice prevails in the quiet
title action, the defendant in the quiet title action, in addition
to any other requested relief, shall be entitled to recover damages
equal to the actual expenses incurred by the defendant in responding
to the notice from the requestor pursuant to Section 4 of this act,
and the expenses of litigation directly related to obtaining
judgment quieting title in the defendant or asserting an affirmative
defense with respect to the interest or apparent interest forming
the basis of the action against the defendant, including costs and
reasonable attorney fees.
this act, and:
1. The respondent receives the notice and fails to respond, or
2. The respondent requests clarification or additional
information and then subsequently refuses to execute and deliver a
curative instrument or to take the corrective action identified in
the notice, or
3. The respondent refuses to claim the notice, or
4. The respondent receives the notice and refuses to take the
action requested in the notice,
then in the event that the requestor files an action to quiet title
to the subject parcel pursuant to Section 1141 of Title 12 of the
Oklahoma Statutes, and the civil action results in a judgment for
the plaintiff which could have been accomplished through the
execution and delivery of a curative instrument or the taking of
corrective action identified in a notice, the plaintiff in the quiet
title action, in addition to any other requested relief, shall be
entitled to recover damages equal to the actual expenses incurred by
the plaintiff in identifying the relevant instrument, preparing the
notice to the respondent pursuant to Section 3 of this act, and the
expenses of litigation directly related to obtaining judgment
quieting title in the plaintiff with respect to the interest or
apparent interest forming the basis of the action against the
respondent, including costs and reasonable attorney fees.
B. If a defendant in the quiet title action who either failed
to respond to a notice pursuant to Section 4 of this act or who
refused to execute and deliver a curative instrument or take
corrective action identified in the notice prevails in the quiet
title action, the defendant in the quiet title action, in addition
to any other requested relief, shall be entitled to recover damages
equal to the actual expenses incurred by the defendant in responding
to the notice from the requestor pursuant to Section 4 of this act,
and the expenses of litigation directly related to obtaining
judgment quieting title in the defendant or asserting an affirmative
defense with respect to the interest or apparent interest forming
the basis of the action against the defendant, including costs and
reasonable attorney fees.
Status: in_force · Read it on the official government site
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