Okla. Stat. tit. 46, § 46-15
This is the official text of Okla. Stat. tit. 46, § 46-15, 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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Holder must release - Penalty - Definitions
Official statutory text
A. Any mortgage or judgment lien on real estate shall be
released by the holder of any such mortgage or judgment lien within
thirty (30) days of the payment of the debt secured by the mortgage
or judgment lien and the holder of the mortgage or judgment lien
shall file the release of the mortgage or judgment lien with the
county clerk where the mortgage or judgment lien is recorded. If,
at the end of the thirty-day period, the holder has failed to
release the mortgage or judgment lien, the mortgagor or debtor, or
the agent representing the mortgagor or debtor, may at any time
request in writing the holder of the mortgage or judgment lien to
release the mortgage or judgment lien and the holder of the mortgage
or judgment lien shall have ten (10) days from the date of the
request to release such mortgage or judgment lien. If the holder of
the mortgage or judgment lien fails to release the mortgage or
judgment lien by the end of such ten-day period, the mortgage or
judgment lien holder shall then forfeit and pay to the mortgagor or
debtor a penalty of one percent (1%) of the principal debt not to
Oklahoma Statutes - Title 46. Mortgages Page 8
exceed One Hundred Dollars ($100.00) per day each day the release is
not recorded after the ten-day period has expired and the penalty
may be recovered in a civil action in any court having jurisdiction
thereof, but the request for the release shall be in writing and
describe the mortgage or judgment lien and premises with reasonable
certainty. Provided that, the total penalty shall not exceed one
hundred percent (100%) of the total principal debt.
B. A title insurance company attorney may bring action on
behalf of the mortgagor or debtor to recover the penalty described
in subsection A of this section.
C. For purposes of this section:
1. "Mortgagor" shall include any subsequent purchaser of the
mortgaged real estate; and
2. "Title insurance company" shall mean a corporation or other
business entity authorized and licensed to transact business of
insuring titles to interests in real property in this state.
R.L. 1910, § 4023. Amended by Laws 1977, c. 156, § 2, eff. Oct. 1,
1977; Laws 1978, c. 92, § 1, eff. Oct. 1, 1978; Laws 1987, c. 4, §
1, eff. Nov. 1, 1987; Laws 2015, c. 175, § 1, eff. Nov. 1, 2015;
released by the holder of any such mortgage or judgment lien within
thirty (30) days of the payment of the debt secured by the mortgage
or judgment lien and the holder of the mortgage or judgment lien
shall file the release of the mortgage or judgment lien with the
county clerk where the mortgage or judgment lien is recorded. If,
at the end of the thirty-day period, the holder has failed to
release the mortgage or judgment lien, the mortgagor or debtor, or
the agent representing the mortgagor or debtor, may at any time
request in writing the holder of the mortgage or judgment lien to
release the mortgage or judgment lien and the holder of the mortgage
or judgment lien shall have ten (10) days from the date of the
request to release such mortgage or judgment lien. If the holder of
the mortgage or judgment lien fails to release the mortgage or
judgment lien by the end of such ten-day period, the mortgage or
judgment lien holder shall then forfeit and pay to the mortgagor or
debtor a penalty of one percent (1%) of the principal debt not to
Oklahoma Statutes - Title 46. Mortgages Page 8
exceed One Hundred Dollars ($100.00) per day each day the release is
not recorded after the ten-day period has expired and the penalty
may be recovered in a civil action in any court having jurisdiction
thereof, but the request for the release shall be in writing and
describe the mortgage or judgment lien and premises with reasonable
certainty. Provided that, the total penalty shall not exceed one
hundred percent (100%) of the total principal debt.
B. A title insurance company attorney may bring action on
behalf of the mortgagor or debtor to recover the penalty described
in subsection A of this section.
C. For purposes of this section:
1. "Mortgagor" shall include any subsequent purchaser of the
mortgaged real estate; and
2. "Title insurance company" shall mean a corporation or other
business entity authorized and licensed to transact business of
insuring titles to interests in real property in this state.
R.L. 1910, § 4023. Amended by Laws 1977, c. 156, § 2, eff. Oct. 1,
1977; Laws 1978, c. 92, § 1, eff. Oct. 1, 1978; Laws 1987, c. 4, §
1, eff. Nov. 1, 1987; Laws 2015, c. 175, § 1, eff. Nov. 1, 2015;
Status: in_force · Read it on the official government site
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