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Oklahoma Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Oklahoma on
Q: If a Judgment Lien does not reference a specific legal description, does it attach to any or all real property owned?
Richard Winblad
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Richard Winblad
answered on Jun 28, 2019

Yes, similar to a tax lien it attaches to all real property within the county it is filed. See 12 OS Sec 706. There may be an exception for severed mineral interests.

1 Answer | Asked in Divorce and Real Estate Law for Oklahoma on
Q: In Oklahoma during a divorce can a property be sold by the sole owner for non payment of the mortgage
Doak Willis
Doak Willis
answered on Jun 27, 2019

In Oklahoma, a real property, even if owned by a person who is married which was owned prior to marriage by one spouse or purchased after marriage but listed only in one spouses name, requires both spouses signatures on the deed conveying the property to another person to be valid. During a... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Home was going into foreclosure another party got a cashiers check for amount due and paid in full.

What must be done now to transfer property over to new owner.

Doak Willis
Doak Willis
answered on Jun 27, 2019

A deed must be prepared wherein the sellers of the property deed the property over to the new buyer. The note and mortgage that was paid off will have a release of mortgage generated from the lending institution that must be filed of record in the County Clerks office in the county where the... View More

1 Answer | Asked in Business Law and Real Estate Law for Oklahoma on
Q: Can a non lease occupant be evicted with no notice and have locks changed on their legal business they own?

I own the business but not on the lease. How can I get back into my business that the leesee doesn't own?

Doak Willis
Doak Willis
answered on Jun 29, 2019

Since your not on the lease, you had no legal right to be on the property thus have no legal standing to avail yourself of the Courts for any type possession of the premises. You should contact the owner of the property and ask permission to be able to go onto the property to clean out the premises... View More

0 Answers | Asked in Criminal Law and Real Estate Law for Oklahoma on
Q: I was charged with intentent to distribute 290lb. Of marijuana, is this considered "aggrevated" trafficking. 1x offense

Prosecuted by US attorney. Federal charge for intent to cross state lines. First time offense.

1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for Oklahoma on
Q: I was not notified of a 18' natural gas pipe to be replace on my property line. Was a notice required?

Pipe runs straight down property line with 25' just for access easements on each side. Now there is going to be a turn on to my property about 3 to 4 feet in towards my property from NW corner. This will change easement agreement, pushing into my property. I was never notified and they are on... View More

Doak Willis
Doak Willis
answered on Jun 27, 2019

If I understand your question and facts, your stating that the new pipe line will be on your property outside of the established easement which would require your consent otherwise you would be entitled to some compensation or a removal of the pipe line back within the easement already established.... View More

1 Answer | Asked in Divorce and Real Estate Law for Oklahoma on
Q: In divorce I settled for 5000 and ex kept house. A lien was put on house to ensure payment and is in decree as such.

I want to take house due to non payment. Can i?? Will judge grant right of entry or to sign deed over due to non payment. He is renting house out and lives in Texas. If not I will foreclose on my lien which I know I can. All filings are in Oklahoma.

Doak Willis
Doak Willis
answered on Jun 21, 2019

You will have to foreclose your lien before the Judge or the sheriff can sign over a deed to the property.

1 Answer | Asked in Foreclosure, Real Estate Law and Land Use & Zoning for Oklahoma on
Q: How do I find out who actually owns a hotel?

Two hotels on George Nigh expressway in McAlester. One is called Hi-way Inn Express, 1217 S George Nigh and the other is Super 8 motel, 1204 S George Nigh. Google maps indicates that the Super 8 is "permanently closed", but it is obviously not closed.

Doak Willis
Doak Willis
answered on Jun 21, 2019

You can go the County Clerks office and look up the owner of the land that the motel is situated upon. If it is a corporation, then you would check with the Secretary of State of Oklahoma under that corporations name to see who the registered service agent of the corporation is and contact them.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: will a notarized letter save me from paying if I break my lease? . Needing to break it because of job relocatig
Benjamin Oxford
Benjamin Oxford
answered on Jun 7, 2019

Probably not, but it depends on the terms of the lease.

1 Answer | Asked in Bankruptcy, Contracts, Foreclosure and Real Estate Law for Oklahoma on
Q: I file Chapter 13 on Sept 2010 and discharged on Aug 2015. Bank is just now suing for past notes and foreclosure

I didn't know the property statue until I purchase my current property in Dec 2016. It was up for tax sale and the bank bail it out (May 2018) I try to sell it and the bank quoted $170,000 over the original loan of $125,000. So I went out in July 2018, fixed up the property and now rented it... View More

Timothy Denison
Timothy Denison
answered on Jun 6, 2019

You have a mess. You need to contact a bankruptcy attorney who can assess your financial situation and determine what I Teresa, if any, you have in the property.

1 Answer | Asked in Energy, Oil and Gas, Real Estate Law and Probate for Oklahoma on
Q: Oil and gas leases in a minors name with listed custodians on it, what rights do they have as non legal guardians

Parents didn't give permission for anything listed in the minors name to be conveyed or sold. Grandparents listed themselves as custodians. Conveyed everything to themselves from the children.Grandchildren never received anything on the oil and gas revenues.

Richard Winblad
PREMIUM
Richard Winblad
answered on Jun 20, 2019

If the children are now adults they may want to pursue a quiet title action against the grandparents.

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: We have a property with 8 listed owners. How many have to agree to sell the property for us to be able to sell it?
Vincent Gallo
Vincent Gallo
answered on May 30, 2019

All 8, and if all 8 can’t agree then any one owner can force a sale through judicial intervention.

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2 Answers | Asked in Contracts and Real Estate Law for Oklahoma on
Q: I am going to purchase a piece of property from my niece and her husband currently own. I am also going to buy

a park model mobile home to put on that property. I will have a mortgage on that property. I would like to will the land and home to my niece free and clear. Is there some type of mortgage insurance I could purchase. what would you suggest?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 17, 2019

You do not need to talk to an insurance lawyer--at least not now. You need a lawyer experienced in writing last wills to advise you. Hire one.

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1 Answer | Asked in Contracts and Real Estate Law for Oklahoma on
Q: if I have a purchase and sales agreement on a property with a seller, Is it illegal to assign contract to investor?

Without a Realestate license. Oklahoma

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 17, 2019

Under normal circumstances--if the purchase and sales agreement does not prohibit transfers, and if the transfer itself does not violate any law, the buyer can assign the contract to an investor. CAVEAT: If you are searching for some way to avoid having to get a license to buy and sell real estate... View More

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: Can a potential buyer of undeveloped land listed with an realtor in Oklahoma remain anonymous thru the buying process.

My husband father and aunt inherited several acre of undeveloped land several years ago . The aunt stated years ago that she will not sell it to any of the grandchildren because her child couldn't afford it. My father-in-law doesn't care who buy it. They now have it listed with an... View More

Richard Winblad
PREMIUM
Richard Winblad
answered on May 6, 2019

One solution may be to set up a LLC using a name that differs from your own. Since you are paying cash, loan approval would not be a problem.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oklahoma on
Q: Do I need an attorney to file a contract for deed or can I do it on my own?

I was served a 10 day notice to quit on a property that I have a purchase agreement on through the owner. He is trying to push me off the land as he recently obtained a permit to grow medical marijuana. I have receipts and proof all payments are current.. I have been paying extra for the taxes and... View More

Richard Winblad
PREMIUM
Richard Winblad
answered on May 6, 2019

If the contract notarized with seller's signature you can file it as is. If not see an attorney.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Is notice to quit enforceable on a land purchase

I have a contract on a piece of property with a home I am living in with my family.. seller has decided he now wants the property to legally grow marijuana on and has now served me with a 10 day notice to quit... everything I find states that the landlord tenant act does not cover a contract for... View More

Richard Winblad
PREMIUM
Richard Winblad
answered on May 2, 2019

If you have a contract for deed, it is treated as a deed and mortgage in return. It is not a landlord situation. He can only foreclose if you default in the payments or perhaps other provisions. If he attempts to evict, the small claims court will not have jurisdiction. You should file your... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: my brother and i are both on the deed to my house. he does not reside in it, only i do. he wants to evict me

i and my mother where added to the deed by "quit claim deed" . my mother has since passed . can he do this?

Richard Winblad
PREMIUM
Richard Winblad
answered on May 2, 2019

Eviction is not the proper remedy, however it is possible that he could use a partition action to force the sale of the home. He also may have some rights of occupancy. Contact an attorney in Shawnee.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: If a step son is entitled to % of the house we bought a year before he died. What would his % be based on new or time

Of death price. There was no will.

Doak Willis
Doak Willis
answered on Apr 28, 2019

Your question does not give enough facts in order to be answered properly. Depending on how the deed was made out when it was purchased and transfered over to you and him, that would tell the percentage he owned. For example, if the deed was made out to you and him as joint tenants with rights of... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oklahoma on
Q: Son gifted mobile home pd in full no owed fees. MHP owner won't release lien trying to make him sign 5 yr contract.

No fees are owed. Previous tenant (gifter) stayed the 5 years. My son has home title in his name on the way in the mail. Owner states she will not release lien until he has also stayed for another 5 years. Tag office states if we have lien release information they will issue new title. My son has... View More

Doak Willis
Doak Willis
answered on Apr 24, 2019

Since your son hasn't executed a contract with the park owner, he would need to look at the contract signed between the person he was gifted the home from and the property owner and see what the conditions on the home are. Take the contract to an attorney for help.

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