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SENATE FLOOR VERSION
February 11, 2025
SENATE BILL NO. 978 By: Howard
An Act relating to recordable instruments; amending
19 O.S. 2021, Section 298, as amended by Section 1,
Chapter 250, O.S.L. 2024 (19 O.S. Supp. 2024, Section
298), which relates t o filing of recordable
instruments; modifying certain margin requirements;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2021, Sec tion 298, as
amended by Section 1, Chapter 250, O.S.L. 2024 (19 O.S. Supp. 2024,
Section 298), is amended to read as follows:
Section 298. A. Every county clerk in this state shall require
that the mandates of the Legislature be complied with, as express ed
in Sections 287 and 291 of this title, and for that purpose, every
instrument offered which may be accepted by the county clerk for
recording, affecting specific real property whether of conveyance,
encumbrance, assignment, or release of encumbrance, le ase,
assignment of lease or release of lease, shall be an original or
certified copy of an original instrument and clearly legible in
accordance with the provisions of subsection B of this section, and
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shall by its own terms describe the property by its sp ecific legal
description, and provide such information as is necessary for
indexing as required in Sections 287 and 291 of this tit le, and on
each such instrument shall be listed the mailing address of the
grantee, mortgagee, assignee or other designated p arty to which the
instrument is to be delivered after recording. If an instrument
offered to a county clerk for recording contains more than twenty -
five legal descriptions requiring separate entries in the indexes
required by Sections 287 and 291 of this title, the descriptions
shall be sorted by addition, block, and lot if platted property, or
by township, range, and section if desc ribed by governmental survey
description. Any instrument offered to a county clerk for recording
containing more than twenty -five legal descriptions per page,
counted as each description which could require a separate line
entry in the numerical index, shall be accompanied by an additional
filing fee of One Dollar ($1.00) per legal description in excess of
twenty-five legal descriptions per page to be paid to the county
clerk. Unless the person offering a nonconforming instrument for
filing is willing to reform the instrument to conform to statutory
requirements, for which purpose it may be withdrawn and refiled
during the same business day, the county clerk may refuse to record
the same in the records of deeds, leases or mortgages or to index
the same upon the index records referred to in Section 287 or 291 of
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this title, or to file or record the same in the office of the
county clerk.
B. All documents filed of record in the office of the county
clerk pursuant to subsection A of this section or pursuant t o any
other law shall be an original or a certified copy of an original
document. Such documents shall be clearly legible, i n the English
language, using xerographically reproducible dark ink, on paper of a
color that is xerographically reproducible by the copying equipment
in use by the county clerk. Unless otherwise provided by law, such
documents shall measure no larger tha n eight and one-half (8 1/2)
inches by fourteen (14) inches. All documents shall provide an area
free of printed information suffi cient in size to accommodate
affixation of the documentary stamps required by Section 3201 of
Title 68 of the Oklahoma Statut es, any certification of the payment
of mortgage taxes required by Section 1901 et seq. of Title 68 of
the Oklahoma Statutes, and the recording information affixed by the
county clerk upon acceptance of a document for recordation. Any
part of a signature or any stray markings within the margin shall
not void the requirements for accepting and filing any document by
any county within the state, provided there remains sufficient space
for the affixation of stamps and recording information without
covering language contained in the instrument. If an instrument
submitted to the county clerk for recording does not contain
sufficient space for the affixation of such stamps and recording
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information without covering language contained in the instrument,
the county clerk shall attach an additional page to the document to
provide for the affixation of such stamps and recording information.
A county clerk shall not charge any additional fee or fine for stray
markings within the margin of a document. The top margin of the
first page of all documents shall be at least two (2) inches and all
other margins shall be at least one (1) inch.
C. Despite any provision in this section to the contrary, the
county clerk shall accept for filing any document that fails to meet
the requirements of subsection B of this section if:
1. The document is an original or a certified copy of an
original;
2. The document is legible without the aid of magnification or
other enhancement of the text;
3. The document is xerographically reprod ucible by the copying
equipment in use by the county clerk;
4. The document meets all other statutory requirements for
recordation; and
5. The person offering the instrument for recording pays the
additional fee provided in Section 32 of Title 28 of the Oklahoma
Statutes for nonconforming documents.
D. Despite any provision in this section to the contrary, a
digitized image or elec tronic copy of an original or certified copy
of an original instrument or document shall satisfy the requirement
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that the document be an original or certified copy of an original
instrument or document, provided that the digitized image or
electronic copy is submitted for recording electronically pursuant
to the Uniform Real Property Electronic Recording Act in Title 16 of
the Oklahoma Statutes and all other rules promulgated pursuant to
that act.
E. This section shall not apply to plats, filings under the
Uniform Commercial Code, or any other instruments that may be filed
pursuant to any other law.
F. All documents accepted fo r filing, including all documents
filed before February 18, 1997, shall be deemed to comply with the
requirements of this section and, except as otherwise provided by
law, impart constructive notice of the contents of such document to
third parties unless a person claiming adversely to any such
document files an affidavit setting forth the basis of such claim in
the office of the coun ty clerk of the county where the property is
located within six (6) months from February 18, 1997.
SECTION 2. This act shall become effective July 1, 2025.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect an d
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 11, 2025 - DO PASS