Okla. Stat. tit. 16, sec 23.1

Judgment Liens

Effective Oct 1, 1993History: The standard previously numbered "12.1" was renumbered "12.2" in 1985, see 1985 Report of the Title Examination Standards Committee, 56 O.B.J., 2535, 2537 (1985). This "new" standard 12.1 was formerly standard 1.5. It was amended and renumbered to 12.1 by the 1985 Report of the Title Examination Standards Committee, see Report, supra , 2537. It was approved by the Real Property Section, November 14, 1985 and adopted by the House of Delegates, November 15, 1986, 57 O.B.J. 5 (1986). The second paragraph of the "Comment" was added by the direction of the Chair of the Committee to call attention to the case cited therein which was decided after the adoption of this standard. The 1986 Report of the Title Examination Standards Committee recommended the addition of the next to the last sentence of the first paragraph, 57 O.B.J. 2677, 2680 (1986). Typographic corrections were made from the floor and, as corrected, the amendment was approved by the Real Property Section, November 20, 1986, and adopted by the House of Delegates, November 21, 1986. A 1988 amendment to 12 O.S. § 706 required the additional act of filing an affidavit of judgment in the office of the county clerk in the county in which the land is located to perfect a judgment lien on the land. The proposal of the Title Examination Standards Committee in its 1988 Report, 59 O.B.J. 3098, 3104 (1988) to reflect this change in this standard was approved by the Real Property Section, December 8, 1988, and adopted by the House of Delegates, December 9, 1988. The enactment of 1990 Okla. Sess. Laws, ch. 251, changed the manner of perfecting a judgment as a lien against the judgment debtor's real property. To reflect ch. 251's changes, the 1990 Report of the Title Examination Standards Committee, 61 O.B.J. 2842, 2870-77 (1990), recommended a new section "A" and redesignation of succeeding sections. The Committee also recommended a new third paragraph to the Comment to call the examiner's attention generally to ch. 251's new requirements regarding form of judgments and decrees and enforcement of judgments. The Committee's recommendations were approved by the Real Property Section, November 15, 1990, and adopted by the House of Delegates, November 16, 1990, 61 O.B.J. 3058, 3064 (1990). The 1991 Report of the Title Examination Standards Committee, 62 O.B.J. 3269 (1991), proposed several modifications to the standard to accommodate legislative changes. A prefatory note was added to call attention to the extended lien provisions of the Federal Debt Collection Procedures Act of 1990. To reflect changes in the method of perfecting judgments as liens, changes were made in the body of the standard, a new paragraph "C" was added and subsequent paragraphs were relettered. Approved by the Real Property Section, November 14, 1991, and adopted by the House of Delegates, November 15, 1991, 62 O.B.J. 3531 (1991). The 1992 Report of the Title Examination Standards Committee proposed several amendments to this standard to note the effect of the Federal Debt Collection Procedures Act of 1990 and the Uniform Federal Lien Registration Act on the liens of certain judgments in favor of the United States and certain of its agencies and instrumentalities. The 1992 Report (1) added a parenthetical to except judgments subject to the Federal Debt Collection Procedures Act of 1990 from the standard's paragraph "A" and (2) added a new paragraph "F" and a Caveat to paragraph "F", 63 O.B.J. 2903, 2905-06 (10/17/92). Approved, upon recommendation of the Real Property Section, by the House of Delegates on November 13,1992. The 1993 Report of the Title Examination Standards Committee recommended amending this standard to reflect the legislature's amendment of 12 O.S. § 706, effective October 1, 1993, and to make the standard's presentation more clear, 64 O.B.J. 3245, 3246-48 (10/30/93). The Committee's recommendation was approved by the Real Property Section on November 4, 1993, and adopted by the House of Delegates on November 5, 1993, 64 O.B.J. 3409 (11/13/93). The Report of the 2004 Title Examination Standards Committee proposed amending 23.1 to add Paragraphs D & E to define duration of judgment liens in light of Oklahoma case law and to clarify how these liens are released. 75 O.B.J. 2805-2807 (10/23/04). The Real Property Law Section approved the proposal on November 11, 2004 and the House of Delegates adopted it on November 12, 2004. 75 O.B.J. 3099-3100 (11/20/04). The Title Examination Standards Sub-Committee of the Real Property Law Section proposes the following revisions and additions to the Title Standards for action by the Real Property Law Section at its annual meeting in 2024. The Committee recommends language be stricken from Standards 23.1A, and 23.1C, as the language is out of date and no longer necessary. (superseded document available)

Title Examination Standards
Chapter 1, App.
Chapter 23. Judgment Liens, Execution and Attachment
§23.1. Judgment Liens.

A. Certain judgments of state and federal courts
A judgment lien, pursuant to a judgment of a court of record of this state (except judgments for alimony which are discussed in Title Examination Standard 23.2) or of the United States (except those subject to the Federal Debt Collection Procedures Act of 1990, 28 U.S.C.A. § 3001 et seq ., which are discussed in paragraph (B) below) can be created on the real estate of the judgment debtor within a county by filing a Statement of Judgment in the office of the county clerk in that county.
B. Judgments Pursuant to the Federal Debt Collection Procedures Act.
A judgment, order or decree entered on or after May 28, 1991, in favor of the United States in a civil proceeding in a federal court regarding a debt owing to the United States arising from an obligation specified in the Federal Debt Collection Procedures Act of 1990, 28 U.S.C.A. § 3001 et seq ., shall, pursuant to the Act, be a lien for twenty (20) years on real property of the judgment debtor in a county on filing a certified copy of the abstract of a judgment, order or decree with the county clerk in the same manner as a federal tax lien, which, in Oklahoma County only, is indexed in the same manner as a financing statement.
"United States" means a federal corporation; an agency, department, commission, board or other entity of the United States; or an instrumentality of the United States. Such judgment, order or decree in favor of the United States may be renewed for one additional period of twenty (20) years after court approval upon the filing of a notice of renewal in the same manner as the judgment, order or decree. Renewal does not apply to a judgment, order or decree in favor of the United States which was entered more than ten (10) years before May 28, 1991.
Caveat: 1. The provisions of Section 3201(a) of the Federal Debt Collection Procedures Act of 1990, regarding creation of a judgment lien, appear to be limited to judgments in civil actions, notwithstanding the fact Section 3002(8) references both civil and criminal proceedings within the definition of a "judgment" as used in the Act.
2. The text of Section 3005 of the Federal Debt Collection Procedure Act, 28 U.S.C.A. § 3001 et seq ., providing for renewal of the lien of a judgment entered within ten (10) years prior to May 28, 1991, does not specifically address the effect, if any, of the Act upon a judgment which became unenforceable and ceased to operate as a lien under law existing prior to May 28, 1991.
C. Duration of a Judgment Lien The lien of a judgment, which is dependent upon the enforceability of the judgment as detailed in 12 O.S. § 735, runs from the date the judgment lien is created under 12 O.S. § 706, until the judgment lien is extinguished by the failure to extend the lien of the judgment pursuant to 12 O.S. § 759.
D. Release of Judgment Lien.
A release of a judgment lien, pursuant to 12 O.S. § 706, must be filed in the office of the county clerk in the county in which the lien is to be released, unless the judgment lien was extinguished as set out in Paragraph “C” above
12 O.S. § 706(E)
Note: For judgment liens created pursuant to the Federal Debt Collection Procedures Act, see Section B above.
Note: See Title Examination Standards 34.1 and 34.2 regarding the effect of bankruptcy on judgment liens.

History: The standard previously numbered "12.1" was renumbered "12.2" in 1985, see 1985 Report of the Title Examination Standards Committee, 56 O.B.J., 2535, 2537 (1985). This "new" standard 12.1 was formerly standard 1.5. It was amended and renumbered to 12.1 by the 1985 Report of the Title Examination Standards Committee, see Report, supra , 2537. It was approved by the Real Property Section, November 14, 1985 and adopted by the House of Delegates, November 15, 1986, 57 O.B.J. 5 (1986). The second paragraph of the "Comment" was added by the direction of the Chair of the Committee to call attention to the case cited therein which was decided after the adoption of this standard. The 1986 Report of the Title Examination Standards Committee recommended the addition of the next to the last sentence of the first paragraph, 57 O.B.J. 2677, 2680 (1986). Typographic corrections were made from the floor and, as corrected, the amendment was approved by the Real Property Section, November 20, 1986, and adopted by the House of Delegates, November 21, 1986.

A 1988 amendment to 12 O.S. § 706 required the additional act of filing an affidavit of judgment in the office of the county clerk in the county in which the land is located to perfect a judgment lien on the land. The proposal of the Title Examination Standards Committee in its 1988 Report, 59 O.B.J. 3098, 3104 (1988) to reflect this change in this standard was approved by the Real Property Section, December 8, 1988, and adopted by the House of Delegates, December 9, 1988.

The enactment of 1990 Okla. Sess. Laws, ch. 251, changed the manner of perfecting a judgment as a lien against the judgment debtor's real property. To reflect ch. 251's changes, the 1990 Report of the Title Examination Standards Committee, 61 O.B.J. 2842, 2870-77 (1990), recommended a new section "A" and redesignation of succeeding sections. The Committee also recommended a new third paragraph to the Comment to call the examiner's attention generally to ch. 251's new requirements regarding form of judgments and decrees and enforcement of judgments. The Committee's recommendations were approved by the Real Property Section, November 15, 1990, and adopted by the House of Delegates, November 16, 1990, 61 O.B.J. 3058, 3064 (1990).

The 1991 Report of the Title Examination Standards Committee, 62 O.B.J. 3269 (1991), proposed several modifications to the standard to accommodate legislative changes. A prefatory note was added to call attention to the extended lien provisions of the Federal Debt Collection Procedures Act of 1990. To reflect changes in the method of perfecting judgments as liens, changes were made in the body of the standard, a new paragraph "C" was added and subsequent paragraphs were relettered. Approved by the Real Property Section, November 14, 1991, and adopted by the House of Delegates, November 15, 1991, 62 O.B.J. 3531 (1991).

The 1992 Report of the Title Examination Standards Committee proposed several amendments to this standard to note the effect of the Federal Debt Collection Procedures Act of 1990 and the Uniform Federal Lien Registration Act on the liens of certain judgments in favor of the United States and certain of its agencies and instrumentalities. The 1992 Report (1) added a parenthetical to except judgments subject to the Federal Debt Collection Procedures Act of 1990 from the standard's paragraph "A" and (2) added a new paragraph "F" and a Caveat to paragraph "F", 63 O.B.J. 2903, 2905-06 (10/17/92). Approved, upon recommendation of the Real Property Section, by the House of Delegates on November 13,1992.

The 1993 Report of the Title Examination Standards Committee recommended amending this standard to reflect the legislature's amendment of 12 O.S. § 706, effective October 1, 1993, and to make the standard's presentation more clear, 64 O.B.J. 3245, 3246-48 (10/30/93). The Committee's recommendation was approved by the Real Property Section on November 4, 1993, and adopted by the House of Delegates on November 5, 1993, 64 O.B.J. 3409 (11/13/93).

The Report of the 2004 Title Examination Standards Committee proposed amending 23.1 to add Paragraphs D & E to define duration of judgment liens in light of Oklahoma case law and to clarify how these liens are released. 75 O.B.J. 2805-2807 (10/23/04). The Real Property Law Section approved the proposal on November 11, 2004 and the House of Delegates adopted it on November 12, 2004. 75 O.B.J. 3099-3100 (11/20/04).

The Title Examination Standards Sub-Committee of the Real Property Law Section proposes the following revisions and additions to the Title Standards for action by the Real Property Law Section at its annual meeting in 2024. The Committee recommends language be stricken from Standards 23.1A, and 23.1C, as the language is out of date and no longer necessary. (superseded document available)