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Oklahoma Real Estate Law Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Civil Rights for Oklahoma on
Q: Can a non profit church who owns an apartment complex raise the rent for no reason ?

Especially when the place is falling apart

Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

The short answer is that if the current tenant has no lease then there would be nothing to stop the church from raising the rent. This is a matter of contract law, so if the church wants to enter into a contract for lease at a higher monthly rent, they surely can do so. However, to be sure you... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My grandmother gave me property. I have been living on the property for almost 30 years. She passed. Need in my name.
Matt Fleischer
Matt Fleischer answered on Oct 28, 2020

I am sorry for your loss. The answer to this question depends on numerous factors, primarily how she "gave" you the property. For example, did she add you as a joint tenant, did she leave it to you in her will, etc. You should contact an attorney to discuss the situation. Most provide... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oklahoma on
Q: I am buying a home in Oklahoma, if the tenant renting from the seller doesn’t move out can we evict quickly?

I’m buying a home for cash the seller informed me their friend living there is giving them trouble about moving out, if the sale finishes and the closing date comes, how do I get the tenant out? They have no formal lease

James Tack Jr
James Tack Jr answered on Oct 24, 2020

This should be a problem for the seller. When he sells it to you he is giving you possession. Don't close until the tenant is out.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Pay off and lien release

My late husband and I purchased a home and property before we were married his name was first then mine,the gentlemen we originally purchased the property from sold the contract to another individual, i contacted him so i could pay off the property and was told that i would have to do a quick claim... Read more »

James Tack Jr
James Tack Jr answered on Oct 24, 2020

The answer depends on how the property is held under the contract for deed and terms of contract for deed. If it was in joint tenants you would be entitled to the property on his death, if in tenants in common, you and his heirs would own the property. You would not necessarily need to update an... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My sister refuses to sign for either of us to apply to become Administrator of our deceased brother’s estate.

To avoid probate, my sister has a friend in the real estate business that wants to do a quick sale on brother’s house. I’m leery. She told me to call “her” lawyer to get the details as to why I should go quick sale rather than probate. Her lawyer just happens to be the lawyer that... Read more »

Ilana Sharpe
Ilana Sharpe answered on Oct 22, 2020

It could perhaps be considered a conflict, however, there isn't a quick run around a probate. I've assumed this house is in Oklahoma. Assuming the house was titled solely in your brother's name, then there is no way to legally transfer title without an administration of your... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: Where do we stand as property owners after an estate management battle in court between step children and spouse?

Step Daughter suing deceased's spouse for estate management after spouse sold property to us back in December 2019. We are still in process of purchase. One lot is in deceased's name and two are in both names.

Ilana Sharpe
Ilana Sharpe answered on Sep 21, 2020

Since you are purchasing from the estate of deceased individual a title company would not close on the sale until such time as the probate court approves the sale or the probate is concluded and the estate is distributed, at which point you would be purchasing from the beneficiaries of the estate... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: Who are the heirs wife or kids?

Dad passed away 2 years ago. He had land that was only in his name. He used his land as collateral for a trailer that is in both he and his wife's name. She went to prison after he passed away and did not make payments on the loan. I saw it in the paper in probate? What do we need to do? This... Read more »

James Tack Jr
James Tack Jr answered on Sep 16, 2020

It is not clear if your father's estate has been probated. If he had a will and the will was admitted to probate, his will determines who the property goes to. If he had no will, the property goes by intestate succession. To get good title to land, his estate must be administered. Unless... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Can a town official come onto personal property to find or document code violations if there are no trespassing signs?

Our property in the town of Hulbert has 8” grass and a concrete slab. The city says they will hire contractors to clean up at our expense. They went onto our property without permission and took photos of the premises.

Anthony M. Avery
Anthony M. Avery answered on Jul 31, 2020

Yes... The Government can clean it up, send you a bill, then file a lien if you do not pay it. They can also execute the lien or condemn the property, and then take it. You may be able to appeal the Codes decision, but you will probably lose.

2 Answers | Asked in Estate Planning and Real Estate Law for Oklahoma on
Q: Does my spouse have to sign a warranty deed in OK for land that was inherited?

My parents are nearing death and closed the family trust and divided the land between me and my sister earlier this year for inheritance. No structures are on the land. My half was put in a deed of survivorship with me and my grown son. We are trying to deed 10 acres to a friend as a gift ($10).... Read more »

Richard Winblad
Richard Winblad answered on Jul 9, 2020

Great question:

The reason that a spouse is generally required to sign deeds that include surface interest is to protect the transferee (the person receiving the property and their lenders) from a possible spousal homestead claim. A spouse occupying property cannot be deprived of the right...
Read more »

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: In OK, we close on a home Friday. I just lost my job. Can we back out without getting sued or losing escrow deposit?

In Oklahoma, we close on a home purchase this Friday. Financing is approved but I just lost my job yesterday afternoon. Can we back out of the purchase without getting sued for 5% of the home value or losing escrow deposit?

Vincent Gallo
Vincent Gallo answered on Jul 9, 2020

That will depend upon how your contract so reads.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Can you legally quit claim real estate to someone not on the title deed in Oklahoma?
Matt Fleischer
Matt Fleischer answered on Jul 8, 2020

You can quitclaim any interest you might own in a piece of property to anyone you choose. Whether the quitclaim deed actually conveys an interest in the property depends on whether you actually owned an interest in the property at the time. You'll also want to be careful that you don't... Read more »

1 Answer | Asked in Divorce, Real Estate Law, Banking and Collections for Oklahoma on
Q: can a por person had legal counsel for a divorce
Pete David Louden
Pete David Louden answered on Jun 26, 2020

Yes.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My Wife and I are in our 70’s we owe 50.000 on a house worth 100.000 we want our son to have the house, What to do ?

We also have a Daughter, but want the son to have the house,

Matt Fleischer
Matt Fleischer answered on Jun 23, 2020

You have numerous options:

1. You can transfer the house to your son and reserve a life estate for you and your wife. This strategy allows you to reserve the right to use and enjoy the property for the rest of your life and ensure your son receives it upon your deaths, without probate....
Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Oklahoma on
Q: What are my rights on my family property, my dad passed suddenly from heart failure. No will.

The deed is in his name and his wifes name. Originally it was my dad and mom's place, mom passed and dad remarried. unfortunately, the new wife got the property in right of survivorship, she died and it went to her kids who never even lived in the place. She had no will. Her kids have not paid... Read more »

Matt Fleischer
Matt Fleischer answered on Jun 9, 2020

If your dad and his new wife put the property in their names as joint tenants and he predeceased her, then the property would still be in her estate. In such circumstances, you do not have any legal rights to the property. The intestate heirs of your dad's new wife would be the owners, subject... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: im trying to find a simple vacant land purchase agreement form with no broker involved and i am paying cash

no broker involved paying down payment with balance due at closing

Ben F Meek III
Ben F Meek III answered on Jun 6, 2020

You might try the Oklahoma Real Estate Commission website. They have some free forms there.

2 Answers | Asked in Bankruptcy, Real Estate Law, Banking and Civil Litigation for Oklahoma on
Q: I have a judgment from five years ago that has not been renewed.

I am now trying to get a mortgage and the mortgage Companies underwriters want proof that this judgment is no longer collectible or enforceable. Would I need a lawyer to get that proof or is there any way to get proof that the judgment is no longer collectible?

Timothy Denison
Timothy Denison answered on May 24, 2020

You need a lawyer. You shouldn’t for something like this, but unfortunately you do.

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2 Answers | Asked in Real Estate Law for Oklahoma on
Q: Can a life estate be recorded as part of a transfer on death deed
Anthony M. Avery
Anthony M. Avery answered on May 6, 2020

Not sure of your question. But Life Estates, Remainders and Reversions can constitute the estate conveyances in any type of Deed. The Life Estate can and often does vest in possession when someone such as the grantor dies. I do not recommend you attempt to draft such an instrument. Instead... Read more »

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Oklahoma on
Q: my deceased mom didn't remove my predeceased dad from house title. How does it go from their JTWROS to me per her will?

My mom and dad owned their home JTWROS. My dad died in 1996 and never changed the title to her single name. She passed away in 2012. She had a will and we have probated her estate with the court last year. In her will, she left the home to me. How do I change the title on the house to my name,... Read more »

Matt Fleischer
Matt Fleischer answered on May 5, 2020

Assuming the probate court issued an order declaring you as the new owner of the house (per the will), you simply need to file that order in the county where the property is located. Originally, your mother should have filed an Affidavit of Surviving Joint Tenant (with a death certificate... Read more »

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Purchased a home with boyfriend, have quick claim deed, never filed with county. How can I get him off it? He moved

Need to get ex boyfriend off quick claim deed. He lives in another state now and has nothing here. No mortgage, house is free and clear. Never filed with the county clerk here in Oklahoma. How can I get the property in just my name

Anthony M. Avery
Anthony M. Avery answered on Apr 14, 2020

You potentially have two easy solutions: get a quit-claim deed from the original grantor to you only and record it (best); or get the boyfriend to quit-claim his tenant in common interest to you only, then record both deeds in their chronological order. Otherwise you are left with adverse... Read more »

1 Answer | Asked in Small Claims and Real Estate Law for Oklahoma on
Q: My mother passed in January, she was single and I'm her only child but there's no will stating who gets the house. What

Do I do? Or have to do to get my Mother's house?

Matt Fleischer
Matt Fleischer answered on Mar 28, 2020

I’m sorry for your loss. You will have to probate her estate in the county where she resided when she passed. However, if you are her only heir, it should be relatively inexpensive and fast, especially if her entire estate was worth $200,000 or less.

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