Okla. Stat. tit. 16, sec 6.1
Defects In or Omission of Acknowledgments in Instruments of Record
Adopted December 4, 1981. Proposed by Report of the 1981 Title Examination Standards Committee, 52 O.B.J. 2723, 2724 (1981). Approved by Real Property Section and adopted by House of Delegates, 53 O.B.J. 257-58 (1982). In 1988, the Oklahoma Legislature amended 16 O.S. § 27a by changing from ten (10) to five (5) years the period of time for which an instrument must have been of record to validate its recording if it is not acknowledged or has a defective acknowledgment. This amendment made it possible to combine "C" and "D" of the standard as it was formerly. These changes were proposed in the 1988 Report of the Title Examination Standards Committee, 59 O.B.J. 3098, 3100 (1988). The Real Property Section approved the amendments, December 8, 1988 and the House of Delegates adopted the amended standard, December 9, 1988. During the consideration of the 1988 proposal to amend this standard, the Committee directed the editor, if the proposal were adopted, to record in the History that the Committee had considered the proposition that the Oklahoma Legislature's 1988 amendment to § 27a applied to acknowledgments generally and was not limited to acknowledgments by corporations only. The Committee accepted that proposition as valid and therefore amended this standard applying to acknowledgments generally.
Title Examination Standards
Chapter 1, App.
Chapter 6. Execution, Acknowledgment and Recording
§6.1. Defects In Or Omission Of Acknowledgments In Instruments of Record
- A. The validity of such instruments as between the parties thereto is not dependent upon acknowledgments, 16 O.S. § 15.
- B. As against subsequent purchasers for value, in the absence of other notice to such purchasers, such instruments are not valid unless acknowledged and recorded, except as provided in Paragraph C herein, 16 O.S. § 15.
- C. Such an instrument which has not been acknowledged or which contains a defective acknowledgment shall be considered valid notwithstanding such omission or defect, and shall not be deemed to impair marketability, provided such instrument has been recorded for a period of not less than five (5) years, 16 O.S. §§ 27a & 39a.
With respect to instruments relating to interests in real estate:
Adopted December 4, 1981. Proposed by Report of the 1981 Title Examination Standards Committee, 52 O.B.J. 2723, 2724 (1981). Approved by Real Property Section and adopted by House of Delegates, 53 O.B.J. 257-58 (1982).
In 1988, the Oklahoma Legislature amended 16 O.S. § 27a by changing from ten (10) to five (5) years the period of time for which an instrument must have been of record to validate its recording if it is not acknowledged or has a defective acknowledgment. This amendment made it possible to combine "C" and "D" of the standard as it was formerly. These changes were proposed in the 1988 Report of the Title Examination Standards Committee, 59 O.B.J. 3098, 3100 (1988). The Real Property Section approved the amendments, December 8, 1988 and the House of Delegates adopted the amended standard, December 9, 1988.
During the consideration of the 1988 proposal to amend this standard, the Committee directed the editor, if the proposal were adopted, to record in the History that the Committee had considered the proposition that the Oklahoma Legislature's 1988 amendment to § 27a applied to acknowledgments generally and was not limited to acknowledgments by corporations only. The Committee accepted that proposition as valid and therefore amended this standard applying to acknowledgments generally.