Okla. Stat. tit. 42, § 42-207
This is the official text of Okla. Stat. tit. 42, § 42-207, part of Oklahoma’s Stat. tit. 42, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 42,." Browse the sections below, each linked to its official government source.
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Release or satisfaction of lien - Demand for suit to
Official statutory text
enforce lien - Alternate dispute resolution - Attorneys' fees, costs
and interest.
A. Whenever a notice of lien has been filed with the county
clerk and a condition occurs that would preclude the broker from
receiving compensation under the terms of the written agreement on
which the lien is based, the broker shall provide to the owner of
record a written release or satisfaction of the lien.
Oklahoma Statutes - Title 42. Liens Page 71
B. An owner, lienee, or other authorized agent may serve
written demand on the broker claiming the lien requiring the broker
to file suit to enforce the lien. Upon receipt of the written
demand, the broker shall file suit within thirty (30) days, or the
lien shall be extinguished. Service of such written demand may be
made by registered or certified mail, return receipt requested, or
by personal service.
C. Whenever a notice of lien has been filed with the county
clerk and such claimed commission has been paid to the broker
claiming the lien, or where there is failure to institute a suit to
enforce the lien within the time provided by this act, the broker
shall acknowledge satisfaction or release of the notice of lien in
writing, on written demand of the owner within five (5) days after
payment or within five (5) days of expiration of the time in which
the notice of lien was to be filed.
D. If the broker and the party or parties from whom the
commission is claimed agree to alternative dispute resolution, the
claim shall be heard and resolved in the forum on which these
parties have agreed. The court before which the lien foreclosure
proceeding is brought shall retain jurisdiction to enter judgment on
the award or other result made or reached on alternative dispute
resolution on all parties to the foreclosure. The broker’s notice
of lien shall remain of record and the foreclosure proceeding shall
be stayed during the pendency of the resolution process.
E. The cost of proceedings brought under this act, including
reasonable attorney fees, costs, and prejudgment interest due to the
prevailing party, shall be borne by the nonprevailing party or
parties. When more than one party is responsible for costs, fees,
and prejudgment interest, the costs, fees, and prejudgment interest
shall be equitably appointed by the court or tribunal among those
responsible parties.
and interest.
A. Whenever a notice of lien has been filed with the county
clerk and a condition occurs that would preclude the broker from
receiving compensation under the terms of the written agreement on
which the lien is based, the broker shall provide to the owner of
record a written release or satisfaction of the lien.
Oklahoma Statutes - Title 42. Liens Page 71
B. An owner, lienee, or other authorized agent may serve
written demand on the broker claiming the lien requiring the broker
to file suit to enforce the lien. Upon receipt of the written
demand, the broker shall file suit within thirty (30) days, or the
lien shall be extinguished. Service of such written demand may be
made by registered or certified mail, return receipt requested, or
by personal service.
C. Whenever a notice of lien has been filed with the county
clerk and such claimed commission has been paid to the broker
claiming the lien, or where there is failure to institute a suit to
enforce the lien within the time provided by this act, the broker
shall acknowledge satisfaction or release of the notice of lien in
writing, on written demand of the owner within five (5) days after
payment or within five (5) days of expiration of the time in which
the notice of lien was to be filed.
D. If the broker and the party or parties from whom the
commission is claimed agree to alternative dispute resolution, the
claim shall be heard and resolved in the forum on which these
parties have agreed. The court before which the lien foreclosure
proceeding is brought shall retain jurisdiction to enter judgment on
the award or other result made or reached on alternative dispute
resolution on all parties to the foreclosure. The broker’s notice
of lien shall remain of record and the foreclosure proceeding shall
be stayed during the pendency of the resolution process.
E. The cost of proceedings brought under this act, including
reasonable attorney fees, costs, and prejudgment interest due to the
prevailing party, shall be borne by the nonprevailing party or
parties. When more than one party is responsible for costs, fees,
and prejudgment interest, the costs, fees, and prejudgment interest
shall be equitably appointed by the court or tribunal among those
responsible parties.
Status: in_force · Read it on the official government site
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