Okla. Stat. tit. 16, § 16-311
This is the official text of Okla. Stat. tit. 16, § 16-311, 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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Notice of fraudulent conveyance
Official statutory text
A. A person who is the victim of title theft as defined in
Section 2 of this act may file of record a notice of fraudulent
conveyance, duly verified by oath, setting forth the nature of the
fraudulent conveyance. Such notice may be filed of record by the
victim or by any other person acting on behalf of the victim who is
under a disability or otherwise unable to assert the claim on his or
her own behalf. Such notice shall serve as constructive notice that
the conveyance is alleged to be fraudulent.
B. To be effective and entitled to be recorded, notice of a
fraudulent conveyance shall contain an accurate and full description
of the real property affected by the recorded fraudulent conveyance.
Such notice of fraudulent conveyance shall be filed for record in
the county clerk’s office of the county or counties where the real
Oklahoma Statutes - Title 16. Conveyances Page 43
property is situated. Except as provided in subsection D of this
section, the county clerk shall accept any notice presented that
describes real property located in the county and shall enter,
record, and index such notice in the same manner that a deed is
recorded. A county clerk may charge fees for the recording of the
notice in accordance with the county clerk fee schedule set forth in
Section 32 of Title 28 of the Oklahoma Statutes. The name or names
of any victim appearing in such notice shall be entered as a grantee
or grantees in such indexes.
C. Upon the filing of a notice of fraudulent conveyance, the
county clerk shall deliver a copy of the notice to the district
attorney for investigation and potential prosecution.
D. The county clerk may refuse to file a notice of fraudulent
conveyance provided for in subsection B of this section if the clerk
has a reasonable belief that the notice constitutes sham legal
process as defined in subsection H of Section 1533 of Title 21 of
the Oklahoma Statutes, or if the clerk has a reasonable belief that
the notice is being presented as a slander of title to the real
property. If the county clerk refuses to file a notice of
fraudulent conveyance, the aggrieved party may petition the district
court for a writ of mandamus to compel the county clerk to record
the notice pursuant to the provisions of Section 75 of Title 16 of
the Oklahoma Statutes.
Section 2 of this act may file of record a notice of fraudulent
conveyance, duly verified by oath, setting forth the nature of the
fraudulent conveyance. Such notice may be filed of record by the
victim or by any other person acting on behalf of the victim who is
under a disability or otherwise unable to assert the claim on his or
her own behalf. Such notice shall serve as constructive notice that
the conveyance is alleged to be fraudulent.
B. To be effective and entitled to be recorded, notice of a
fraudulent conveyance shall contain an accurate and full description
of the real property affected by the recorded fraudulent conveyance.
Such notice of fraudulent conveyance shall be filed for record in
the county clerk’s office of the county or counties where the real
Oklahoma Statutes - Title 16. Conveyances Page 43
property is situated. Except as provided in subsection D of this
section, the county clerk shall accept any notice presented that
describes real property located in the county and shall enter,
record, and index such notice in the same manner that a deed is
recorded. A county clerk may charge fees for the recording of the
notice in accordance with the county clerk fee schedule set forth in
Section 32 of Title 28 of the Oklahoma Statutes. The name or names
of any victim appearing in such notice shall be entered as a grantee
or grantees in such indexes.
C. Upon the filing of a notice of fraudulent conveyance, the
county clerk shall deliver a copy of the notice to the district
attorney for investigation and potential prosecution.
D. The county clerk may refuse to file a notice of fraudulent
conveyance provided for in subsection B of this section if the clerk
has a reasonable belief that the notice constitutes sham legal
process as defined in subsection H of Section 1533 of Title 21 of
the Oklahoma Statutes, or if the clerk has a reasonable belief that
the notice is being presented as a slander of title to the real
property. If the county clerk refuses to file a notice of
fraudulent conveyance, the aggrieved party may petition the district
court for a writ of mandamus to compel the county clerk to record
the notice pursuant to the provisions of Section 75 of Title 16 of
the Oklahoma Statutes.
Status: in_force · Read it on the official government site
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