Title Examination Standards
Chapter 1, App.
Chapter 24. Mortgages and Other Liens
§24.7. Effect of Indefinite Reference to Mortgage.

After October 21, 1966, a reference to or recital of the existence of a prior mortgage in a deed or mortgage of record for one or more years, of itself, shall not put any person upon actual or constructive notice of the existence of such prior mortgage, nor shall such reference put any person upon inquiry in regard to such prior mortgage, unless the reference identifies the prior mortgage by book number and page number of the records of the county clerk where such mortgage is recorded.

Authority: 46 O.S. §§ 201-204; P. Basye, Clearing Land Titles § 138 (2d ed. 1970). Caveat: The curative statute forming the basis of this standard does not change the rule that a mortgage filed for record but not actually recorded, or erroneously indexed, is nevertheless constructive notice, even though the indefinite reference in a subsequent deed or mortgage is itself not notice.

History: Adopted December 2, 1965. Resolution No. 7, 1965 Real Property Committee, 36 O.B.A.J. 2094 & 2182 (1965) and Exhibit D, id . at 2098 & 2186. Approved by Real Property Section and adopted by House of Delegates, 37 O.B.A.J. 437 (1966).