Affidavit for All Deeds Filed of Record
SUMMARY
Beginning November 1, 2023, a new law regarding deeds will go into effect. Essentially, the county clerks will only record a deed which has attached as an exhibit
an affidavit executed by the person or entity coming into title attesting that the person, business entity, or trust is obtaining lands in compliance with the requirements of this section and that no funding source is being used in the sale or transfer in violation of this section or any other state or federal law.
In the places in which the statute is referring to “this section”, it is referring to 60 O.S. § 121 which states that no alien or anyone who is not a citizen of the U.S. can acquire title to land in this state. However, the statute also indicates that this will not apply to businesses engaged in “regulated interstate commerce in accordance with federal law.” So, there will be exemptions for business entities engaged in such commerce.
From a practical standpoint, anytime property, whether it be surface or mineral, is acquired via a deed, the grantee must complete an affidavit which will be attached to the deed. The county clerks will refuse to file any deed which does not have the affidavits attached. The Attorney General has promulgated these Affidavits and the links are below.
This new law will have a significant impact on real property transactions in Oklahoma. Our attorneys are ready and willing to answer your questions and guide you through these laws. Please do not hesitate to contact us.
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