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Oklahoma Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Collections and Municipal Law for Oklahoma on
Q: In Oklahoma does a county treasurer? Have to notify the owner before. the property is sold. At a tax auction
T. Augustus Claus
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answered on Sep 21, 2023

In Oklahoma, the county treasurer is generally required to notify the property owner before selling the property at a tax auction. This usually involves sending a written notice to the last known address of the property owner, as well as any other parties who may have a legal interest in the... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: yes i have an ex girlfriend that refuses to move out of my home here in oklahoma I am the only one on the title as owner

She has animals that are tearing my home up and is doing damage to certain things

Peter J. Weinman
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answered on Sep 7, 2023

Retain a local attorney to commence an eviction; that's the only way to get rid of a guest who refuses to leave.

If you need to locate an attorney, start your search here: www.Justia.com/Lawyers

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Would a termination agreement between grantor and grantee void a special warranty deed in Oklahoma?
Anthony M. Avery
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answered on Jul 27, 2023

I have no idea what the termination agreement is about. But if a deed was executed and recorded, then the grantee still has the title that the grantor was able to give him. If a warranty deed, then the grantee may have got what the grantor got later. If the the grantor is trying to reassert... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: As the grantor on a special warranty deed, do i have the right to stop a sale by the grantee?
James Tack Jr
James Tack Jr
answered on Jul 27, 2023

Generally no. Unless you reserved such a right in the deed, you have no interest in the property once you signed and delivered the deed.

1 Answer | Asked in Estate Planning, Real Estate Law, Banking and Health Care Law for Oklahoma on
Q: Caring for Mom with Alzheimer's. What docs needed to handle ALL Med. & Fin.?

Do certain docs need notarized and/or filed with Court Clerk office? Will a durable POA cover it all, including land, her home and Quit Claim Deed if necessary? Is a Advance Directive needed or just be beneficial? Are specifics needed to handle her Social Security benefits as well?

Richard Winblad
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Richard Winblad
answered on Jul 26, 2023

Sorry to hear that your mother is suffering from Alzheimer's. From your question it wasn't clear whether she has the powers of attorney and other documents already completed. If not, and she has sufficient capacity, then she should move quickly to get these in place. An advanced... View More

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Q: What rights do grantees have regarding a Warranty Deed in Oklahoma on undivided land?

If there are 3 grantees listed on a Warranty Deed in Oklahoma and one of the grantees obtains a loan against the property, would they need the permission/signatures of the other 2 grantees before doing anything with the property (undivided property)? And if the signatures were falsified, what legal... View More

Anthony M. Avery
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answered on Jul 14, 2023

If all 3 owners did not sign the loan, then it is very difficult for the lender to take the .property back in a foreclosure. If signatures were forged then the non borrowing owners can sue the lender and the other owner for fraud and to set aside the mortgage of record. The notaries can be... View More

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1 Answer | Asked in Family Law and Real Estate Law for Oklahoma on
Q: My mother is living in assisted living and has appointed me as POA. It is durable general poa. Can I sell her home?

The poa under Powers of Attorney in Fact. states my power "include...to exercise...control & powers with respect to all of my property"

To sell, mortgage, or lease any and all real estate and interests in oil gas or other minerals, wheresoever situated, owned by me, and to... View More

Vincent Gallo
Vincent Gallo
answered on Jul 5, 2023

From what is stated, it appears that you have the authority to sell real estate.

1 Answer | Asked in Personal Injury and Real Estate Law for Oklahoma on
Q: AT&T through a contractor, damaged our property. Can I ask for compensation for negligence/inconvenience/delay in payme?

A contractor layed cable for ATT underground in our neighborhood. They bored a hole and placed their cable through my sewer. We had a very difficult time getting to the damaged area so the cost exceeded our expectations. Now the contractor is delaying payment for actual damages. Also, they are... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

This sounds like a property damage case, why would there be arbitration? You are not suing ATT over services you contracted for them to provide? You are suing as a property owner for damages incurred by their negligence. This case arises under REAL PROPERTY DAMAGE/TRESSPASS law. You need to... View More

1 Answer | Asked in Real Estate Law and Child Support for Oklahoma on
Q: I am trying to close on a home but my husband owes back child support, how do I get a release of judgment for the deed?
Peter J. Weinman
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answered on May 18, 2023

The way to get a release of judgment for back child support is by paying the back child support. If you cannot afford to pay the arrears, you may need to look for a way out of your contract, otherwise, the buyer may be entitled to sue you. This is something your attorney should have discussed... View More

1 Answer | Asked in Family Law and Real Estate Law for Oklahoma on
Q: My step grandfather died recently and his estranged niece changed the locks on his house locking me out.

I've lived with him the past 8 years. I'm the only family that was present in his life. He married my grandma when my dad was a child. His only blood relative is an estranged niece from his sister. He planned to leave everything to me so my kids and I wouldn't be kicked out but he... View More

Peter J. Weinman
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answered on Apr 13, 2023

Even if her right to the property is superior to yours, she had no right to lock you out of your home without due process and a court order. I would call the police (not 911).

1 Answer | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for Oklahoma on
Q: My girlfriend owed $2,400 in rent plus court cost. Landlord offered her 500 to see naked. But he touched her. Paid $1000

She didn't welcome the touch. He then pushed her on the bed and tried to preform oral sex on her. She pushed him away. He then gave her a surprising $1000 instead of the $500. She was facing eviction that same day and it was dismissed. He again contacted her the next day telling her to come to... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2023

There is a fine line between “transactional sex” and prostitution. The landlord and your girlfriend may have crossed it.

I recommend that you ask your girlfriend move as soon as possible. If they did this once, they will likely do it again. You should not want her to go down that...
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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Can a Judge declare that a State Statute doesn't apply if an unauthorized occupant has been at a property 9 days or more

Oklahoma State Statutes: Title 41, section 111, Subsection G states that an occupant of a property without the landlords approval is a trespasser. Can a judge declare the law not applicipable because the occupant has been there 9 days or more?

Anthony M. Avery
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answered on Apr 5, 2023

Unless you plan on appealing a judgment, as a practical matter it is irrelevant to the owner/landlord. Hire an OK attorney to file a civil suit against the occupant for possession, what many people call an eviction.

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for Oklahoma on
Q: Can you claim ownership of a home you’ve been living in 17 years?

My grandmother has lived in her home since 2005-2006. There was never any written agreements for tenancy nor was the house sold to her. It was a verbal agreement between her and a friend that she was allowed to live there. Since, the owners have passed away and their daughter now owns the home.... View More

Charles Watts
Charles Watts
answered on Mar 28, 2023

Potentially has adverse possession claim, however if she was there with permission then that removes the adverse aspect. Contact a real estate attorney for your best advice.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Is a QCD legal proof of purchase if not filed with county office.

I recently discovered that property I purchased and obtained QCD, but I never filed with county court office was sold again by same seller to another person and QCD filed exactly 1 month before mine was filed. Both QCD were filed but now seller claims ownership of property. What can I do about this... View More

Charles Watts
Charles Watts
answered on Mar 19, 2023

If you failed to file your deed then you will most likely not receive the land because the other person did and will be viewed as the new owner. The original seller coiso be subject to some legal action on your part for unjust enrichment or fraud but you will need to contact an attorney to get the... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: someone (living in TX) not affiliated with property (in OK) gave easement to the electric company in OK. at the time m

my grandparents lived and owned the property. I think they purchased it in 1965 or earlier. The easement was given to the Oklahoma electric company (PSO) by someone that did not own the property and i can find no tie between that person and the property other than the fact that they gave PSO the... View More

Anthony M. Avery
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answered on Feb 20, 2023

Initially you must search the title as apparently you have no knowledge of the title. And I would also search under the alleged easement grantor's name to see if there is any record of him having an interest in your land. If nothing legitimate shows an easement granted, then a lawsuit is... View More

1 Answer | Asked in Real Estate Law, Elder Law and Probate for Oklahoma on
Q: I live in my parents 2nd home in Oklahoma and am inheriting it eventually. Mom died 2019. Dad is 88.

My dad lives in Texas with my sister, her daughter and granddaughter. They have robbed him blind and I was called by Edward D Jones rep and told that they were using his money fast. I reported to APS. I was informed they already had open case and saw several problems. So my sister and her family... View More

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

Road trip.

It is definitely time for you to come visit your dad.

There are clearly several matters which need to be addressed.

1. If your mom is dead, you need to make certain her estate has been properly probated in the county where she was living when she died.

2....
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1 Answer | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Oklahoma on
Q: How can I get my part off my inheritance of my sister's won't sell house my mom left us all? They are living in it.

My mom left her 5 children her house in a will. All our names are on the deed. My 2 sisters live in the house and will not sell it. They won't let me see the will and get nasty when I mention them buying me out. Last I remember was my mom saying it was suppose to sell but not sure if it was... View More

Anthony M. Avery
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answered on Jan 20, 2023

If the Will was Probated then it will be at the Courthouse. Hire a competent OK attorney to file suit for a Sale For Partition.

1 Answer | Asked in Family Law, Real Estate Law and Probate for Oklahoma on
Q: Grandmother had 5 acres and had no will and passes. Has 5 kids left behind and wanted each to have 1 acre but never

Deeded or willed. One of them lives on the 5 acres in the home where she had lived and had been there for about 5 years she has been deceased a year. No probate has been drawn up who has ownership of the property and can they sale all it or give it to another family member like a uncle or such?

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

Probating the grandmother’s estate will be the quickest and least expensive route to take. Sooner is better than later.

1 Answer | Asked in Divorce and Real Estate Law for Oklahoma on
Q: How do I obtain deed to my home if I never received it. I do have the abstract though
Gary Johnston Dean
Gary Johnston Dean
answered on Oct 30, 2022

You must, get deed from the persons you purchased the home from. If this can't be done, consult a real estate lawyer to start a quiet title action.

1 Answer | Asked in Divorce and Real Estate Law for Oklahoma on
Q: I need to sell my home with joint tenancy but I do not know how to contact my ex, how do I get him removed from deed?

We've been separated 7 years, divorce hasn't been filed, our property was put up for auction due to delinquent taxes, I managed to pay all taxes due & keep home. He has never tried to return to the home. He has legal obligations that also keep him from returning to the home. How do I... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 30, 2022

Since you're still married, both you and husband must sign deed to, New purchaser. Only way to remove him is through a divorce.

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