Title Examination Standards
Chapter 1, App.
Chapter 24. Mortgages and Other Liens
§24.10. Mechanics' and Materialmen's Liens.

Unreleased mechanics', materialmen's or other improvement liens filed on or after October 1, 1977, shall be disregarded after the lapse of one year from the filing of the lien if no action to foreclose or adjudicate the lien has been instituted. As to such liens filed prior to October 1, 1977, with a promissory note attached, the lien shall be disregarded after the lapse of one year from the maturity of the note if no action to foreclose or adjudicate the lien has been instituted. After October 1, 1977, no clerk is authorized to release these liens, except as provided in 42 O.S. § 147.1. A release of the lien should be required if an action to foreclose or adjudicate the lien was timely instituted.

Authority: 42 O.S. §§ 147.1, 172 & 177. Caveat: If suit to foreclose or adjudicate the lien is timely instituted and the case is dismissed other than on the merits or if a judgment in favor of plaintiff is reversed, the plaintiff shall have one year from the date of dismissal or reversal to institute a new action, 12 O.S. § 100, Newman v. Kirk , 164 Okla. 147, 23 P.2d 163 (1933).

History: Amended December 4, 1981. Amendment proposed by Report of the 1981 Title Examination Standards Committee, 52 O.B.J. 2723, 2725 (1981). Amendment approved by Real Property Section and adopted by House of Delegates, 53 O.B.J. 257, 258 (1982). The last sentence of the standard and the Caveat were recommended by the Report of the 1983 Title Examination Standards Committee, 54 O.B.J. 2379, 2383 (1983). Recommendation approved by Real Property Section, November 3, 1983, and adopted by House of Delegates, November 4, 1983. The 1992 Report of the Title Examination Standards Committee recommended adding a clause to the third sentence of the standard to respond to the exception created by 42 O.S. § 147.1, 63 0.B.J. 2903, 2906 (10/17/92). Recommendation approved by Real Property Law Section, November 12, 1992, and adopted by House of Delegates, November 13, 1992.