Procedures alternative to quiet title action to remove cloud on title.

  1. Law
  2. Oklahoma Statutes
  3. Civil Procedure
  4. Procedures alternative to quiet title action to remove cloud on title.

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A. Any person or any entity having an interest or claiming an interest with respect to any parcel of real property who in good faith asserts that there is an instrument filed in the real property records of the county in which the real property, or some portion of the real property, is located and who would otherwise be required to file a quiet title action with respect to the parcel pursuant to the provisions of Section 1141 of Title 12 of the Oklahoma Statutes, may use the procedures authorized by this act to attempt to remove a cloud or an apparent cloud on the title of the real property by requesting a respondent to prepare a curative instrument or to take corrective action.

B. The provisions of this act are permissive and shall not be required as a condition precedent to the filing of a petition to quiet title pursuant to Section 1141 of Title 12 of the Oklahoma Statutes.

C. If making a request pursuant to this act, the requestor shall send a notice to the respondent which shall include:

1. The specific identity of the person or entity requesting the respondent to execute or to execute and deliver a curative instrument or take other corrective action the purpose of which is to remove a cloud or an apparent cloud on the title of the subject parcel;

2. A specific identification of the conveyance, instrument or other document, by reference to:

  • a.the county or counties in which the instrument or document is filed for record,
  • b.the book and page number in which the instrument or other document is recorded,
  • c.the identity of the grantor or the person or entity subscribing the instrument, (if different than the identified grantor),
  • d.the identity of the grantee or grantees,
  • e.the legal description of the real property contained in the instrument,
  • f.the date the instrument was executed,
  • g.the date the instrument was filed for record, and
  • h.such other information as may be required in order for the respondent to know with reasonable certainty the exact instrument or instruments to which the requestor is referring;

3. The nature of the assertion by the requestor regarding the effect of the instrument or document as a cloud or an apparent cloud upon the title of the subject parcel; and

4. The nature of the corrective action sought by the requestor, including, but not limited to, the exact instrument or conveyance which the requestor would accept from the respondent as a curative instrument or other corrective action.

D. The requestor shall prepare and send with the notice the exact instrument or conveyance which the requestor would accept from the respondent as a curative instrument or other corrective action.

Added by Laws 2000, c. 147, § 3, eff. Nov. 1, 2000.


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