judgment lien to be binding against third persons. Except as hereinafter provided, no acknowledgment or recording shall be necessary to the validity of any deed, mortgage, or contract relating to real estate as between the parties thereto; but no deed, mortgage, contract, bond, lease, or other instrument relating to real estate other than a lease for a period not exceeding one (1) year and accompanied by actual possession, shall be valid as against third persons unless acknowledged and recorded as herein provided. No judgment lien shall be binding against third persons unless the judgment lienholder has filed his judgment in the office of the county clerk as provided by and in accordance with Section 706 of Title 12 of the Oklahoma Statutes. R.L. 1910, § 1154; Laws 1992, c. 119, § 1, eff. Sept. 1, 1992; Laws 1993, c. 351, § 6, eff. Sept. 1, 1993.
Notes of Decisions
Cited in
19
cases (
5 in the last 5 years), 1961–2023 · leading case:
Davis v. Leitner, 782 P.2d 924 (Okla. 1989).
Davis v. Leitner, 782 P.2d 924 (Okla. 1989).
“1 Dorothy moved for partial summary judgment, asserting that the recorded instruments of title should be given priority according to 16 O.S.1981, § 15, because she in fact had no knowledge of attorneys’ *926 unrecorded mortgage, and it could not, therefore, be binding upon her.”
Fourth Nat'l Bank of Tulsa v. Appleby, 864 P.2d 827 (Okla. 1993).
· cites it 2× “1, but that because ANR did not file its liens in the land records under 16 O.S.1981 §§ 15 and 16 the liens did not bind third parties.”
Am. Bank of Oklahoma v. Wagoner, 2011 OK CIV APP 76, 259 P.3d 841.
“16 O.S.2001 § 15. In Oklahoma, a recorded mortgage constitutes constructive notice of its contents to all subsequent purchasers, mortgagees, encumbrancers or creditors.”
Amarex, Inc. v. El Paso Nat. Gas Co., 772 P.2d 905 (Okla. 1987).
· cites it 2× “16 O.S.1981 § 15. 5 The method of perfection for contractual liens is dependent upon the type of property encumbered.”
Soulé v. Gragg (In re Harrison), 503 B.R. 835 (Bankr. N.D. Okla 2013).
“Okla. Stat. tit. 16, § 15 ("Except as hereinafter provided, no acknowledgment or recording shall be necessary to the validity of any deed, mortgage, or contract relating to real estate as between the parties thereto; but no deed, mortgage, contract, bond, lease, or other…”
Bigheart Pipeline Corp. v. United States, 600 F. Supp. 50 (N.D. Okla. 1984).
“Core could have established its priority by timely filing its assignment in keeping with 16 O.S. § 15 but did not do so. *54 Rule 56 of the Federal Rules of Civil Procedure provides summary judgment is proper where no genuine issue of material fact remains and the moving party…”
LaVelle v. Fair Oil Co., 388 P.2d 13 (Okla. 1963).
“Under Title 16 O.S.1961 § 15, the fact that such assignment may not have been filed for record did not affect the force and effect of such assignment as between R.”
Breeding v. NJH Enter., LLC., 1997 OK 65, 940 P.2d 502.
“” NJH would have us interpret the term “third person” to include even those who have actual knowledge of the pending litigation.”
Redwine v. King, 366 P.2d 921 (Okla. 1961).
“16 O.S.1951 § 15, is not decisive in a case like the present one, where, during the lease’s term, its validity was never challenged nor disputed.”
Faust Corp. v. Harris, 2020 OK CIV APP 20.
· cites it 2× “The Court explained: Faust contends 16 O.S. §15 as amended in 1993, modified the definition of "third persons" to include holders of unrecorded interests which would allow judgment liens priority over unfiled deeds.”
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