Real Estate Department
What is needed on Real Estate Instruments19 OS 298
- Legal Description.
- Signed by Grantor.
- Notarized & have seal. 16 OS 26
- Address for Grantee on Deeds and Mortgagee on Mortgages.
- Return Address.
- Affidavit with Purchase price of Deed.
- Document Stamps or Exemption Number on Deeds.
- Treasurer's stamp on Mortgages.
- English Language 16 OS 28
All Documents must comply with Recording Requirements or additional Filing Fees will be added.
Filing Fees for Real Estate Recordings
|1.||Recording the first page of Deeds, Mortgages, and all other real estate instruments.|
PLUS $5.00 Preservation & Maintenance Fee on every instrument
|2.||Recording each additional page to all real estate instruments||$2.00|
|3.||Recording the first page of a non-conforming instrument.||$25.00|
|4.||Recording each additional page of a non-conforming instrument||$10.00|
|5.||Recording plats of more than block||$25.00|
|6.||Recording plats of one block or less||$10.00|
|7.||Copies per page||$1.00|
|8.||Certify per document||$1.00|
|9.||Blue Line copies||$5.00|
The Real Estate Department covers a wide variety of instruments. The ones people are most familiar with are Deeds, Mortgages, Oil & Gas Leases and Release of Mortgages. The following is a list of some of the different instrument and their requirements:
Deeds are types of instruments that change ownership. These can be Warranty Deeds to Court Orders. All Deeds must have Documentary Stamps or the exemption number that exempts this particular Deed. Document Stamps are figured at the rate of $1.50 per thousand dollars. We must also see an affidavit giving the purchase price. If it is a court document, then it must be a certified copy. Deeds are required to have the grantees address.
Mortgages68 OS 1905 and 46 OS 14,15
Mortgages are liens against property where the property owner borrows money from a lending institution or individual. The borrower must sign the mortgage and have their signature notarized. It must have the mortgagee's address. Mortgages, Modifications and Extensions must have mortgage tax or be stamped no tax due before filing. Contract for Deeds must also have mortgage tax if they are not getting a deed within 6 months. Mortgages on Oil & Gas or Minerals do not require a Treasurers stamp. Make a check payable to County Treasurer for mortgage tax and certification fee. Make a check payable to County Clerk for filing fees.
Affidavit of Surviving Joint Tenant/Life Tenancy58 OS 912
This affidavit can be filed on any property that is held in Joint Tenancy. A certified copy of the Death Certificate is always attached to the Affidavit. If property is held between husband and wife the Release of Estate Tax is not required. (68OS 811D-815) If it is held in Joint Tenancy by anyone other than husband and wife the Release of Estate Tax is required. Check with the Oklahoma Tax Commission to obtain a Release of Estate Tax return if required.Oklahoma Tax Commission OTC-521-3237
Any operator of underground cable must register with the County Clerk. 63OS 142.4 The fee is $100.00 if done before January 31. After January 31st it is $150.00. Most operators' file with OKIE then OKIE files with us a list of operators who registered with them. Anyone can call OKIE ( 1-800-One-Call) before digging.
Oil & Gas Leases60 OS 319-320
Oil & Gas Leases must be filed in the County of the property with the County Clerk. These must comply with all filing requirements like any other document. Assignments and Releases are also filed with Oil and Gas Leases. If they have over 25 legals they must be sorted by township, range and section or pay the Non-Conforming fee which is $25.00 for first page and $10.00 for each additional page.
Contract for Deed is the most common form of Contract that we file. Contract for Deeds are considered to change the title, however the Contract for Sale does not. A Contract for Deed is like a Deed and Mortgage in one. Mortgage tax is required if it is financed longer than 6 months. Documentary Stamps are not required until the Deed is filed. Make a check payable to the County Treasurer for mortgage tax and certification fee. Make a check payable to the County Clerk for filing fees.
Plats are filed in the County of the property. The governing body must approve plats, before the County Clerk can accept it for filing. The County Treasurer must certify that taxes have been paid. It must be signed and notarized by the owner, abstractor, surveyor and the city. We require the original, one Mylar and 2 blue lines for recording. This may vary between county so check with your County Clerk.
What do I do if I have not received my original?
The Cleveland County Clerks Office does not keep originals. Check with the person or company that filed your instrument, 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 instruments filed by Abstract or Title Companies are returned to them.
Feel free to contact us with any questions you may have. The information provided in this site is just an outline of the statute. Please refer to the Statutes or your attorney for any legal assistance you may need.