Okla. Stat. tit. 46, § 46-12
This is the official text of Okla. Stat. tit. 46, § 46-12, part of Oklahoma’s Stat. tit. 46, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 46,." Browse the sections below, each linked to its official government source.
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Assignment - Unrecorded - Payment
Official statutory text
In cases where assignments of real estate mortgages are made
after the passage of this act, if such assignments are not recorded,
the mortgagor, his heirs, personal representatives, or assigns, may
pay all matured interest or the principal debt secured thereby,
prior to the recording of such assignment to the mortgagee, or if
any assignment of such mortgage has been made that duly appears of
record, then such payment may be made to the last assignee whose
assignment is recorded in accordance with the provisions of this
act, and such payment shall be effectual to extinguish the debt
secured by such mortgage and all claims against such mortgagor, his
heirs, personal representatives, and assigns, for or on account of
such interest or such principal indebtedness; and no transfer of any
note, bond or other evidence of indebtedness, by endorsement or
otherwise, where such indebtedness is secured by mortgage on real
estate within this state, shall prevent or operate to defeat the
defense of payment of such interest or principal by the mortgagor,
his heirs, personal representatives, or assigns, where such payment
has been made to the mortgagee or to the assignee whose assignment
appears last of record under the provisions of this act: Provided,
however, that in all such cases the assignee who may hold such
unrecorded assignment shall have a right of action against his
assignor to recover the amount of any such payment of interest or
principal made to such assignor as upon an account for money had and
received for the use of such assignee: Provided, this section
applies only to mortgages which have been on record six (6) months
or more.
after the passage of this act, if such assignments are not recorded,
the mortgagor, his heirs, personal representatives, or assigns, may
pay all matured interest or the principal debt secured thereby,
prior to the recording of such assignment to the mortgagee, or if
any assignment of such mortgage has been made that duly appears of
record, then such payment may be made to the last assignee whose
assignment is recorded in accordance with the provisions of this
act, and such payment shall be effectual to extinguish the debt
secured by such mortgage and all claims against such mortgagor, his
heirs, personal representatives, and assigns, for or on account of
such interest or such principal indebtedness; and no transfer of any
note, bond or other evidence of indebtedness, by endorsement or
otherwise, where such indebtedness is secured by mortgage on real
estate within this state, shall prevent or operate to defeat the
defense of payment of such interest or principal by the mortgagor,
his heirs, personal representatives, or assigns, where such payment
has been made to the mortgagee or to the assignee whose assignment
appears last of record under the provisions of this act: Provided,
however, that in all such cases the assignee who may hold such
unrecorded assignment shall have a right of action against his
assignor to recover the amount of any such payment of interest or
principal made to such assignor as upon an account for money had and
received for the use of such assignee: Provided, this section
applies only to mortgages which have been on record six (6) months
or more.
Status: in_force · Read it on the official government site
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