Okla. Admin. Code § 80:10-5-3

Current through Vol. 42, No. 3, October 15, 2024

Section 80:10-5-3 - Preparation of abstracts

(a)Type of Abstract. A Certificate of Authority holder shall prepare an abstract to cover a fee simple, or upon the request of a customer, a fee simple less and except oil, gas and other mineral interests, and where applicable, coal interests. The Abstract Certificate and/or Caption Sheet shall reflect the nature of the abstract along with an appropriate disclaimer regarding that which is excluded.

(b)Contents of Abstract. For the time period covered by the certification, an abstract shall include the following: all instruments that have been filed for record or have been recorded in the Office of the County Clerk which legally impart constructive notice of matters affecting title to the subject property, any interest therein or encumbrances thereon; the records of the District Court Clerk and the County Clerk that disclose executions, court proceedings, pending suits, liens of any kind affecting the title to said real estate; judgments or transcripts of judgments against any of the parties appearing within the chain of title of the abstract, either indexed and docketed prior to October 1, 1978 on the judgment docket of the District Court Clerk or filed for record or recorded on or after October 1, 1978 in the Office of the County Clerk of said county; and all ad valorem tax liens due and unpaid against said real estate, tax sales thereof unredeemed, tax deeds, unpaid special assessments certified to the Office of the County Treasurer, due and unpaid, tax sales thereof unredeemed, and tax deeds given thereon and unpaid personal taxes which are a lien on said real estate.

(c)Federal Court Records. For property located in Muskogee, Oklahoma and Tulsa counties, for the time period covered by the certification, an abstract or special certificate shall include the records of the Clerk of the United States District Court and the records of the Clerk of the United States Bankruptcy Court in Muskogee, Oklahoma and Tulsa counties, respectively, that disclose executions, court proceedings, pending suits and bankruptcy proceedings in said courts affecting title to the subject property; judgments or transcripts of judgments against any of the parties appearing within the chain of title of the abstract, either indexed and docketed prior to October 1, 1978 on the judgment docket of the Clerk of the respective United States District Court or filed for record or recorded on or after October 1, 1978 in the office of the County Clerk of the respective county, affecting title to said real estate.

(d)Other Services. Any service performed by the holder of a Certificate of Authority that does not meet the standard established in subsection (b) of this section shall not be designated an "abstract" and shall not include an Abstract Certificate.

Okla. Admin. Code § 80:10-5-3

Amended at 9 Ok Reg 2705, eff 7-13-92