Okla. Stat. tit. 16, § 16-27a
This is the official text of Okla. Stat. tit. 16, § 16-27a, part of Oklahoma’s Stat. tit. 16, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 16,." Browse the sections below, each linked to its official government source.
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Instruments recorded for five (5) years valid
Official statutory text
notwithstanding defects - Evidence.
A. When any instrument shall have been recorded in the office
of the county clerk in the proper county for the period of five (5)
years, and the instrument contains any of the following defects:
1. It has not been signed by the proper representative of a
legal entity;
2. The representative is not authorized to execute the
instrument on behalf of the legal entity;
3. A power of attorney has not been filed of record for an
attorney in fact executing the instrument;
4. The seal of the legal entity has not been impressed on such
instrument or the record does not show such seal;
5. The instrument is not acknowledged;
6. A deed or conveyance does not bear endorsement of approval
by the appropriate governmental planning authority having
jurisdiction; or
7. Any defect in the execution, acknowledgment, recording or
certificate of recording the same,
such instrument shall, from and after the expiration of five (5)
years from the filing thereof for record, be valid as though such
instrument had, in the first instance, been in all respects duly
executed, acknowledged, approved by the appropriate planning
authority having jurisdiction, and certified. Such instrument or
the record thereof or a duly-authenticated copy thereof shall be
competent evidence without requiring the original to be produced or
accounted for to the same extent that written instruments, duly
executed and acknowledged, or the record thereof, are competent.
However, nothing herein contained shall be construed to affect any
Oklahoma Statutes - Title 16. Conveyances Page 11
rights acquired by grantees, assignees or encumbrancers subsequent
to the filing of such instrument for record and prior to the
expiration of five (5) years from the filing of such instrument for
record.
B. This section shall apply to instruments recorded before or
after November 1, 1995. However, with respect to those recorded
before such date, the five-year period specified above shall not
expire until one (1) year after the effective date of this act.
A. When any instrument shall have been recorded in the office
of the county clerk in the proper county for the period of five (5)
years, and the instrument contains any of the following defects:
1. It has not been signed by the proper representative of a
legal entity;
2. The representative is not authorized to execute the
instrument on behalf of the legal entity;
3. A power of attorney has not been filed of record for an
attorney in fact executing the instrument;
4. The seal of the legal entity has not been impressed on such
instrument or the record does not show such seal;
5. The instrument is not acknowledged;
6. A deed or conveyance does not bear endorsement of approval
by the appropriate governmental planning authority having
jurisdiction; or
7. Any defect in the execution, acknowledgment, recording or
certificate of recording the same,
such instrument shall, from and after the expiration of five (5)
years from the filing thereof for record, be valid as though such
instrument had, in the first instance, been in all respects duly
executed, acknowledged, approved by the appropriate planning
authority having jurisdiction, and certified. Such instrument or
the record thereof or a duly-authenticated copy thereof shall be
competent evidence without requiring the original to be produced or
accounted for to the same extent that written instruments, duly
executed and acknowledged, or the record thereof, are competent.
However, nothing herein contained shall be construed to affect any
Oklahoma Statutes - Title 16. Conveyances Page 11
rights acquired by grantees, assignees or encumbrancers subsequent
to the filing of such instrument for record and prior to the
expiration of five (5) years from the filing of such instrument for
record.
B. This section shall apply to instruments recorded before or
after November 1, 1995. However, with respect to those recorded
before such date, the five-year period specified above shall not
expire until one (1) year after the effective date of this act.
Status: in_force · Read it on the official government site
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