DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Title in a Minute with Shawn Tidwell

State Library

Oklahoma

Mechanics' liens, recording formalities, future advances, subdivision rules, title premiums and recording taxes in Oklahoma, in plain English with statute cites. Last researched Oct 2026.

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Title in a Minute · www.titleinaminute.com/library/states/oklahoma · Printed reference copy.

DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Key quirkTitle policies must rest on a certified abstract and an Oklahoma attorney's title opinion.

Oklahoma at a Glance

Topic Oklahoma answer Where it comes from
Contractor lien statement Filed with the county clerk within 4 months after last work or materials 42 O.S. § 142
Subcontractor lien statement Within 90 days after last furnishing 42 O.S. § 143
Pre-lien notice Non-original contractors send it to the owner and original contractor within 75 days after last furnishing; required for owner-occupied dwellings 42 O.S. § 142.6
Priority Preferred to liens that attach after work starts; filing is constructive notice from the first work or delivery 42 O.S. § 141
Enforcement Foreclosure within 1 year after filing the lien statement 42 O.S. § 172
Deed transfer tax Documentary stamp tax $0.75 per $500 of consideration on deeds of realty sold; stamps must be affixed before recording; any party who signs, sells or benefits is liable 68 O.S. §§ 3201, 3203
Mortgage/indebtedness tax Mortgage tax by term: $0.10 per $100 (5 years or more), $0.08, $0.06, $0.04, $0.02 for shorter terms; plus $10 treasurer certification fee; must be paid before the clerk will record 68 O.S. §§ 1904, 1907
Title policies Must be based on a certified abstract from a licensed abstractor and an Oklahoma attorney's title opinion OAC 365:20-3-2, 365:20-3-3
Abstractors Licensed under the Oklahoma Abstractors Act 1 O.S. § 1-20 et seq.

1. Mechanic's Lien Rules

Plain English

An Oklahoma contractor who dealt with the owner files a verified lien statement with the county clerk within 4 months after it last worked or supplied materials. Subcontractors and suppliers have 90 days. Before filing, a claimant other than the original contractor generally must send a pre-lien notice to the owner and the original contractor within 75 days after its last work, and file an affidavit of compliance with the lien statement. Claims under $10,000 and residential projects of four or fewer units that no owner occupies are exempt, but for a home the owner lives in, no lien is valid without that timely notice. After filing, the county clerk mails notice of the lien to the owner within 5 business days. The lien is preferred to liens that attach after work starts, and filing gives constructive notice back to the first day of work or delivery. Foreclosure must be filed within 1 year after the lien statement.

Key Rules

Lien and priority (42 O.S. § 141). Lien on the whole tract; preferred to later liens; constructive notice from the first labor, material, or equipment.

Contractor statement (42 O.S. § 142). Verified statement with the county clerk within 4 months after last work.

Subcontractor statement (42 O.S. § 143). Verified statement with the county clerk within 90 days after last furnishing. The owner is never liable for more than it agreed to pay the original contractor.

Pre-lien notice (42 O.S. § 142.6). Within 75 days after last furnishing; notarized affidavit of compliance at filing; mandatory for owner-occupied dwellings. Not required for aggregate claims under $10,000, for residential projects of four or fewer units none of which is owner-occupied, or for retainage. The part of a claim without a required notice is unenforceable.

Notice of filing (42 O.S. § 143.1). The county clerk mails notice of the lien to the owner by certified mail within 5 business days after filing.

Enforcement (42 O.S. § 172). Civil action in the district court within 1 year after the lien is filed.

Practice Points

  1. Ask when work started. A later lien statement can relate back ahead of the insured mortgage.
  2. Owner-occupied homes: check for pre-lien notices; without one, a sub's lien fails.
  3. Get lien waivers and an owner's affidavit covering the last 4 months.

Citations

2. Execution and Notarization Requirements for Recording

Plain English

Oklahoma deeds are recorded with the county clerk. A documentary stamp tax of $0.75 per $500 of consideration applies to deeds of realty sold; deeds that only secure a debt are exempt. A separate mortgage tax is paid when a mortgage is recorded, at up to $0.10 per $100 for loans of 5 years or more. Oklahoma has a Remote Online Notary Act. An instrument must be executed and acknowledged to be recorded, and an unrecorded deed or mortgage is valid between the parties but not against third persons.

Key Rules

  • Documentary stamps (68 O.S. § 3201). $0.75 per $500 when consideration exceeds $100; limited to realty sold.
  • Exemptions (68 O.S. § 3202). Including deeds to the foreclosing mortgage holder, deeds in lieu of foreclosure (except cash paid), and certain family and affiliate transfers.
  • Mortgage tax (68 O.S. §§ 1901-1910). Up to $0.10 per $100 (§ 1904); no mortgage is recorded until it is paid (§ 1907).
  • Recording act (16 O.S. §§ 15, 16). Acknowledgment and recording aren't needed between the parties, but an unrecorded deed, mortgage or other instrument isn't valid against third persons (except leases of 1 year or less with possession). A recorded instrument is constructive notice from filing.
  • Formalities (16 O.S. § 26). Must be executed and acknowledged in substantial compliance with the chapter to be recorded.
  • Remote online notarization (49 O.S. § 201 et seq.). Registered Oklahoma notaries may notarize remotely; a remote notarization satisfies personal-appearance requirements (§ 211).

Practice Points

  1. Compute doc stamps on consideration and check exemptions.
  2. Collect the mortgage tax on every mortgage, including modifications that add principal.
  3. Confirm acknowledgment before recording.

Citations

3. Securing Future Advances

Plain English

Oklahoma's mortgage chapter (Title 46) has no general section on the priority of future advances, so treat a credit-line mortgage's priority for later advances as an underwriter question. The mortgage tax does reach advances: an agreement that increases the secured debt is taxed as a new mortgage on the increase, and a mortgage with no stated maximum is taxed on the property's value unless the holder files a sworn statement of the maximum.

Key Rules

  • Future-advance priority. No general statute in Title 46.
  • Mortgage tax on increases (68 O.S. §§ 1901, 1905). An agreement increasing the secured debt is taxed on the increase, paid before it is recorded.
  • Indefinite amounts (68 O.S. § 1906). The stated maximum (or a sworn statement of it) is the tax base; otherwise the treasurer taxes the property's value.

Practice Points

  1. Read the maximum in any credit-line mortgage.
  2. Ask about intervening liens before insuring later advances.
  3. HELOC payoffs: get a freeze letter.

Citations

4. Subdivision Statutes and Regulations

Plain English

Oklahoma municipalities regulate subdivision and plats under Title 11 (the municipal code). A plat within city limits goes to the planning commission and must carry the governing body's approval before the county clerk will record it. Counties regulate under Title 19.

Key Rules

  • Municipal plat approval (11 O.S. §§ 41-106, 45-104). No plat or replat within the corporate limits may be recorded without the municipal governing body's endorsed approval; an unapproved plat imposes no obligation on the city.

Practice Points

  1. New lot? Get the approved, recorded plat.
  2. Check plat dedications and easements.
  3. Rural tracts: confirm whether county rules apply.

Citations

5. Title Premium Rates

Plain English

Oklahoma title insurance runs on abstracts. Before a policy issues, the insurer must have a certified abstract prepared by a licensed, bonded abstractor (certified within 180 days before the policy date) and a title opinion from an attorney licensed in Oklahoma. A supplemental abstract can be used from the date of a prior owner's policy. Only an individual licensed title agent actively in the title business with an office in Oklahoma can perform the countersignature (coverage decision) function. Abstractors are licensed under the Oklahoma Abstractors Act. Title rates are regulated by the Oklahoma Insurance Department.

Key Rules

  • Policy requirements (36 O.S. § 5001(C); OAC 365:20-3-2, 365:20-3-3). Attorney's opinion on a certified abstract (certificate date no more than 180 days before the policy). The abstractor's certificates and the opinion go with the insurer's copy of the policy.
  • Countersignature (36 O.S. § 5001(C); OAC 365:20-3-3). Only an individual licensed title agent, actively in the title business, with an Oklahoma office.
  • Abstractors Act (1 O.S. § 1-20 et seq.). Licensing and certificates of authority.

Practice Points

  1. No abstract and opinion, no policy.
  2. Check the abstract's certification date (no more than 180 days before the policy date).
  3. Confirm the countersigning agent's license.

Citations

6. Recording Taxes & Fees on Deeds and Mortgages

Plain English

Oklahoma has two recording taxes. Deeds pay a documentary stamp tax of 75 cents per $500. Mortgages pay a mortgage tax to the county treasurer before recording: 10 cents per $100 for loans of 5 years or more, less for shorter loans.

Key Rules

(a) Deed transfer, conveyance or excise tax

  • Rate. $0.75 per $500 of consideration or fraction (68 O.S. § 3201). Consideration includes assumed debt (§ 3201(C)(3)).
  • Who pays. By statute, anyone who makes, signs or sells the deed, or benefits from it (§ 3203(A)); the parties can allocate it in their contract. Stamps must be affixed before the deed is recorded (§ 3203(B)).

(b) Mortgage, indebtedness or intangible tax

  • Rates by term (68 O.S. § 1904(A)): $0.10 per $100 for 5 years or more; $0.08 for 4 to 5 years; $0.06 for 3 to 4; $0.04 for 2 to 3; $0.02 under 2 years.
  • Certification fee. $10 per mortgage presented to the county treasurer (§ 1904(B)).
  • Who pays. The mortgagor, mortgagee or any interested party may pay (§ 1904(C)).
  • Paid before recording. No mortgage may be recorded, released, or foreclosed until the tax is paid (§ 1907).
  • Credit lines and future advances. The stated maximum is the tax base (§ 1906); a later agreement increasing the debt is taxed on the increase (§§ 1901, 1905).

(c) Other recording taxes and fees

  • County clerk recording fees (28 O.S. § 32). $8 for the first page and $2 for each additional page; mechanics' liens $10 to file plus $8 and postage for the owner notice.

Practice Points

  1. Worked example. A $320,000, 30-year loan: $320 mortgage tax plus $10.
  2. Short-term construction loans pay the lower term rates.

Citations

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