Oklahoma Real Estate Law Questions & Answers
Q: can i sue my roommates for their share of the last month of utilities?
my daughter moved out a month early (agreed upon with landlord). she had a verbal agreement with roommates to share utilities. the former roommates were notified of their share of the utilities for the last month they all lived together but are not responding. can my daughter sue in small claims... Read more »
Yes. The best evidence of that oral agreement would be where they each shared the utilities the previous months that they lived together.If she can prove those utility payments were shared jointly then her testimony of an oral agreement would have more persuasive affect before the Court in case her... Read more »
Q: My parents divorced 20 years ago. Mother never sold house as directed. Now she is passing. What type attorney is needed?
Fathers estate has 3 people that are not on mothers. When mother passes there will questions regarding the property and whonis goes to. Only myself and sster are on both estates. Father only payed 18 months or mortgage before divorcing mother and died owing substantial childsupport. Would court... Read more »
I would say that you need the services of an experienced family law practitioner licensed in the State of Oklahoma. That person should be able to handle most (if not all) of the issues that you're experiencing now.
Q: Mother died in 2008 no will daughter been paying taxes on land acreage a14 years how do I get it in my name
If the property was owned in mother's name alone, this will require a probate. Since there was no Will, it would pass according to intestacy statutes. If she was single and you are the only heir, this should qualify for a summary probate. If she was married and/or had additional heirs, then the... Read more »
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?
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... Read more »
Q: Oklahoma ... on my dads hose deed with 4 siblings so I own 1/5 I guess of property where my dad still resides ..
I have multiple creditors who could get a judgment on me... are they able to take my siblings share if we need to sell the house later or can they stop the sale what are my options?
If you and your siblings are all listed on the deed as joint owners, you would have an undivided one-fifth interest in the property. If a judgment is rendered against you and filed of record in the County Clerk's office, upon sale of the property, if within the statute that judgments are still... Read more »
Q: If a Judgment Lien does not reference a specific legal description, does it attach to any or all real property owned?
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.
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 my... Read more »
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.... Read more »
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.
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... Read more »
Q: In Oklahoma during a divorce can a property be sold by the sole owner for non payment of the mortgage
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... Read more »
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.
Yes, this can be charged as aggravated trafficking depending on whether you are in federal court or state court. The prosecutor's office decides what crime will be charged against you. You need to hire an experienced defense attorney immediately.
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.
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.
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.
You will have to foreclose your lien before the Judge or the sheriff can sign over a deed to the property.
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.
If the children are now adults they may want to pursue a quiet title action against the grandparents.
Q: will a notarized letter save me from paying if I break my lease? . Needing to break it because of job relocatig
Probably not, but it depends on the terms of the lease.
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 out... Read more »
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.
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?
All 8, and if all 8 can’t agree then any one owner can force a sale through judicial intervention.
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?
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.
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
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... Read more »
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... Read more »
If the contract notarized with seller's signature you can file it as is. If not see an attorney.
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 realtor. My... Read more »
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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