Filing Requirements for Real Estate Documents
The Oklahoma Legislature passed legislation as of July 1, 1997 which set new requirements for documents accepted for recording in all of Oklahoma's County Clerk offices. The purpose of the law is to provide sufficient space on the document for recording information and where applicable, documentary stamps and mortgage tax without covering any part of the document. According to the 1997 Supplement to the Oklahoma State statutes, all documents submitted for recording must conform to the following requirements:
- Return address for Grantee on deeds, and for Mortgagee on mortgages. A return address is required on every other type of document.
- Affidavit for Documentary stamps on deeds, stating purchase price if over $100.00 was paid for property.
- Document stamps or exemption number for deeds. See menu on left for further information.
- English language - see Title 16 OS 28 (or attached translation)
- Legal description (if over 25 legal descriptions are on a page, the cost is $1.00 per legal and they must be sorted alphabetically if platted, and by township, range and section if unplatted. non-conforming filing fees will also apply)
- Documents must be legible without magnification or enhancement, and must be xerographically reproducible by the copying equipment in use by the County Clerk.
- Notarized and have seal - see Title16 OS 26
- Documents must be original or a certified copy from a court or another county. They must have original signatures.The Cleveland County Clerk's office does not keep originals. Check with the person or company that filed your document, they would have received the original back at time of filing. If it was mailed in it would have been returned within 2 days. All documents filed by abstract or title companies are returned to them.
- Unless otherwise provided by law, documents must be no larger that 8 1/2" x 14" with the exception of Plats. There must be a 1" margin across the top and bottom of each page and 1/2" margin on both sides. If sufficient blank space is not provided for recording information, an additional page will be attached to provide the space. This will increase the number of pages, thus increasing the filing fees.
- Mortgages and Contract for Deeds must have Mortgage tax stamp, or Certification Fee stamp from the Treasurer before recording in the County Clerk's office.
All documents must comply with recording requirements or non-conforming filing fees will apply. $25.00 for the first page and $10.00 for each additional page, along with $5.00 preservation fee. For complete information consult Oklahoma State statutes: Title16 O.S. section 28, Title19 O.S. sections 291-298, and Title 28 O.S. section 32 in the 1997 Supplement