Affidavit for All Deeds Filed of Record
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.
Founded in 2007, Munson & McMillin, PC, is a mid-sized law firm with offices in Edmond and Broken Arrow, Oklahoma with a focus on oil and gas, business litigation, estate planning, and real estate law.
This publication is provided by Munson & McMillin as a service to clients and colleagues. The information contained in this publication is not legal advice and should not be construed as such. Nor is this publication intended to create an attorney-client relationship by and between Munson & McMillin and the reader. Questions regarding the matters discussed in this publication may be directed to Lucas J. Munson or Michael J. McMillin, or any other Munson & McMillin lawyer with whom you have consulted in the past on similar matters. Mr. Munson can be reached at 405-513-7707 or lmunson@munsonmcmillin.com and Mr. McMillin can be reached at 405-513-7707 or mmcmillin@munsonmcmillin.com.