Title Examination Standards
Chapter 1, App.
Chapter 24. Mortgages and Other Liens
§24.11. Improperly Executed Assignments of Mortgage.

If a release of mortgage has been properly executed, recorded and acknowledged, the marketability of the title described in the released mortgage will not be affected by the fact that one or more assignments of the released mortgage appearing of record were not executed and/or acknowledged in accordance with law.

Authority: 16 O.S. 2001 § 53 . Comment: This standard is not intended to cure a situation in which an assignment was not executed by the record holder of the mortgage or where no assignment exists of record so that the ownership of the mortgage cannot be tracked of recrod or where the assignment does not contain enough information to establish or record which mortgage is being assigned.

History: The 2005 Report of the Title Examination Standards Committee recommended this standard. 76 O.B.J. 2421 (10/22/05). The Real Property Law Section approved the standard on November 3, 2005 and the House of Delegates adopted it on November 4, 2005. 76 O.B.J. 2608 (11/12/05).

The 2011 Report of the Title Examination Standards Committee, 82 O.B.A.J. 2566 (2011), proposed to change the comment to this Standard to clarify the situations that the Standard is addressing. The proposal was approved by the Real Property Section on November 3, 2011, and adopted by the House of Delegates on November 4, 2011, 82 O.B.A.J. 2694 (2011).