OK House Bill 1122

Legislation

State: Oklahoma
Signed: April 27, 2015

Effective: November 01, 2015
Chapter: 176

Summary

House Bill 1122 clarifies issues related to the document formatting requirements for documents recorded with a county clerk.

Affects

Amends Section 298 of Title 19 of the the Oklahoma Statutes.

Changes
  1. Clarifies that any part of a signature or any stray markings within the margin of a document shall not void the requirements for accepting and filing any document by any county within Oklahoma, provided there remains sufficient space for the affixation of stamps and recording information without covering language contained in the instrument.
  2. Prohibits a county clerk from charging an additional fee or fine for stray markings within the margin of a document presented for recording.
Analysis

In Oklahoma, documents filed for record in the office of the county clerk must meet certain document formatting requirements in 19 OS 298. Documents must be legible, in English, use reproducible dark ink, be on paper that is reproducible by copying equipment in use by the county clerk, be no larger than 8.5" x 14", and provide an area free of printed information sufficient in size to accommodate the recorder's stamps, as required by law. HB 1122 clarifies that within the area that is set apart for the clerk's documentary stamps, any stray markings will not void the requirements for accepting and filing the document, provided the documentary stamps may be affixed as required. The bill also prohibits a clerk from charging a fee or fine for the stray markings that appear on a document. While the bill should be positively received by parties who "touch" a document that will end up being recorded by the county clerk, Notaries should always be mindful of documents that are destined for the clerk's office -- particularly real property documents -- and ensure that their signatures and seals stay within the margins.

Read House Bill 1122.

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