Oklahoma Lien Search

Lien searches in Oklahoma are property-related investigations that help to reveal liens or encumbrances on real estate. This procedure is critical since it guarantees that lenders or prospective buyers are informed of any financial claims on the property. They provide transparency, facilitating informed decision-making and shielding parties from potential monetary and legal entanglements in real estate transactions. 

What is a Lien in Oklahoma?

In Oklahoma, a lien is a charge placed against specific property as security for executing an act, as defined by Oklahoma Statute §42-1. When a lien is placed on property, the holder can take legal action against the owner, including sale, foreclosure, and repossession. To guarantee that the debt is repaid, a creditor may place a lien on a debtor's assets.

Types of Liens in Oklahoma

Court cases, unpaid real estate taxes, unpaid business taxes, mortgages, and home equity loans can all result in liens. Depending on the cause, there are different types of liens in Oklahoma. Some of the most common include:

• Judgement Liens
• Mechanic's and Materialman's (M&M) Liens
• Mortgage Liens
• Tax Liens 

Nevertheless, liens can classified according to some characteristics, including their type (generic or particular), how they freely or involuntarily attach to property, and whether or not attachment is required by law.

General Liens in Oklahoma

In Oklahoma, a general lien is one that the holder may use as collateral to secure the fulfillment of all obligations—or all obligations within a specific class of duties—that they have against the property owner. Thus, a general lien allows a creditor to seize and sell any of the debtor's assets to recover unpaid debts. It includes every piece of real and personal property owned by the debtor located in the area where the jurisdiction of the lien was filed. Judgment liens and tax liens are two examples.

Specific Liens

A specific lien is a legal right attached to or encumbered upon a specific piece of property as security for a debt or obligation pertaining to that particular piece of property. A specific lien is restricted to a single asset, as opposed to a general lien, which is applied to all of the debtor's property. Property tax liens, mechanic's and material men's (M&M) liens, and mortgage liens are typical examples of specific liens.  

Consensual vs Involuntary Liens

Oklahoma residents may be subject to a property lien willingly or involuntarily. The distinction is that a consensual lien is created when a property owner voluntarily consents to a legal action being taken against their property, such as when a car loan or mortgage requires collateral.

However, an involuntary lien is placed on a property owner due to a lawsuit brought about by a breach of legal or statutory obligations, such as unpaid taxes (tax liens) or judgment liens from courts.  

Statutory Liens

Like many other jurisdictions, Oklahoma creates and regulates liens under particular statutes or laws. These liens are known as statutory liens. Rather than being the result of an explicit agreement between the parties, these liens result from legal provisions. Statutory liens come in various forms and have different functions within the state's legal system. 

What is a Tax Lien in Oklahoma?

An Oklahoma tax lien is a legal claim that the government imposes on property when the owner fails to pay certain taxes; property taxes are the most common cause for tax liens in Oklahoma. 

The provisions for the issuance and enforcement of tax liens are covered by Oklahoma statute Title 68 (sections §68-230 - §68-234). Section §68-230 describes the process by which the Tax Commission notifies the county clerk of a debt by granting a certificate of indebtedness that includes the name of the person who owes a certain tax sum. Priority over all other liens will be granted to this lien until the person in question pays the outstanding taxes, penalties, expenses, and interest.

Are Tax Liens Public Records in Oklahoma?

Yes, tax liens are deemed public records under the Oklahoma Open Records Law. However, a few restrictions and criteria might apply to its dissemination, just like with most public records. For instance, personal data like a person's Tax Identification Number is kept private and should not be shared with the general public. 

Per Section §68-205 of the Oklahoma Statutes, all records and files of the Oklahoma Tax Commission about the administration of the Uniform Tax Procedure Code or any state tax law are considered confidential and privileged unless otherwise mandated by law. Information obtained from the records or files or any examination or inspection of an individual's premises or property cannot be disclosed by the Tax Commission, its employees, or anyone else who may have obtained information from the Tax Commission. A tax disclosure form (OTC A-100) is usually required before information is released.

Oklahoma Tax Lien Search

In Oklahoma, the county recorder's office—where the taxpayer resides and the property is physically located—should be the starting point for a tax lien search. These taxes, which might include income tax, company tax, estate tax, and so forth, are typically submitted by the Internal Revenue Service for federal taxes and the Oklahoma Tax Commission for state taxes.  

Those who are interested in conducting a tax lien search in Oklahoma have a few alternatives, some of which may be as follows:

• Online: Nearly all counties have an official website where interested parties can search for records, including tax liens. For example, the official website of the Cleveland County Clerk's Office has a self-service system search tool that allows users to search records using criteria such as names, recording date, document number, document type, etc., without having to log in. 
• In-person: Inquirers can also perform tax lien searches in Oklahoma by going to the county recorder's office in person and looking through the records for free. However, a cost would be associated with reproducing plain and certified copies, which varies by county. The actual address of the clerk's office can be found on the majority of county websites. The Tax Commission mandates filing the disclosure form (A-100) to obtain a complete disclosure of tax information within the state of Oklahoma. 
• Mail: Those interested in conducting tax lien searches in Oklahoma may also choose to employ this method. Using their official website or directory assistance, you may get most of the county assessor/recorder's office contact information. Upon determining the custodian of the record of interest, the applicant must acquire the necessary forms and complete them by providing information such as the taxpayer's name, the parcel number, and other pertinent details. Along with their name, address, and phone number, the requester must also include contact information. Furthermore, depending on the quantity of printed copies, processing costs (not to exceed $1.00 per copy) may be demanded by check or money order. 

Federal Tax Lien Search

Real property tax liens are filed in the state where the property is physically located, per sections §68-2704 of the Oklahoma Statutes and IRM 5.17.2.3.2 of the IRS federal tax regulations. For personal property, tax liens are filed in the county clerk's office where the taxpayer resides. The federal tax lien remains in place until the assessed amount is paid in full or the collection statute's expiration date passes, rendering the lien unenforceable. The Internal Revenue Service (IRS) typically has ten years from the assessment date to recover the tax liability (IRC 6502). The ten-year collection term may, however, be suspended or extended in certain situations.

Thus, the requester may visit, mail, search the online index, or use another method to query a recorder's office for records to perform a federal tax lien lookup. For a title search, one can also use a third-party web service to look for tax liens, or they can use a real estate lawyer or title business.

What is a Lien on Property in Oklahoma?

A lien on property in Oklahoma is a creditor's legal claim or encumbrance over property held as collateral for a debt or obligation. In Oklahoma, several kinds of property liens can be placed on both real estate (land, houses, and buildings) and personal property (anything from assets to cars and other physical and intangible goods). Some frequently encountered types are tax, judgment, and mechanic's liens. These different types of liens on property are described with particular application criteria in Oklahoma statutes §42-142, §68-3101, and §12-706.  

Who Can Put a Lien on a Property?

A lien can be placed on a property in Oklahoma by several different types of people or organizations, such as homeowners associations (HOA), mortgage lenders, judgment creditors, contractors and mechanics, and so forth.

How to Put a Lien on Property in Oklahoma

In Oklahoma, putting a lien on real estate requires specific legal procedures, which vary depending on the kind of lien being applied. For example, most liens have a deadline for filing, and creditors are frequently informed before action is taken. Here is a quick rundown of the prerequisites and basic procedure, along with some legal considerations:

• Confirm Eligibility: In Oklahoma, petitioners typically need to have a legitimate and enforceable claim against the property owner in order to file a lien on their land. This claim may result from unpaid bills, rendered services, or supplied products.
• Construct a Lien Statement: This should contain information about the property, including the name of the owner, the description of the property, the amount owing, and a description of the services rendered or debt that was incurred. This statement must meet Oklahoma's statutory requirements. Due to homestead exemption regulations in Oklahoma, a property owner's primary residence may be partially shielded from some liens. When seeking a lien, keep these exemptions in mind.
• File the Lien Statement: The lien statement must then be filed with the county clerk's office where the property is located. Applicants must pay the necessary filing fees and follow any specifically prescribed filing procedures.
• Notify the Parties Involved: It may be necessary to notify the property owner of the filed lien. This could entail giving notice in line with state rules or mailing a copy of the lien statement. Before filing, the property owner may also need to receive particular notices regarding certain liens. 
• Enforce the Lien: If the debt is not paid, the petitioner might need to go to court to enforce the lien. This may entail legal action to force a sale of the property to pay off the debt and foreclose on it.  

How to Find a Lien on Property in Oklahoma

To find a lien on property in Oklahoma, inquirers may query the clerk's office in the county where the property is physically located or where the debtor resides. Ultimately, the type of lien in question will determine who it's likely custodian is. Notwithstanding, most Oklahoma liens are held by clerk's offices, county recorders or assessors, as well as property-record custodians.

 Property Lien Search By Address in Oklahoma

To perform a property lien search by address in Oklahoma, visit the County Clerk's office in the county where the property is located. The address of the property should be supplied as the search parameter. 

Alternatively, inquirers may use any searchable databases available on websites like the Oklahoma County Clerk's website. On these sites, inquirers can get information on any liens, mortgages, or other encumbrances that are currently on the property by using the address that has been provided. 

Free Lien Search on Property

To conduct a free property lien search in Oklahoma, visit the local recorder's office during business hours or utilize a government department's free internet search service. Most custodians will offer inquirers access to these records for free unless the requestor requires physical copies of the record of interest,

What is a Mechanics Lien in Oklahoma?

A mechanic's lien, also known as a "mechanic's and material men's lien (M&M)" in Oklahoma, is an involuntary security interest that construction participants are legally entitled to recover costs associated with labor, materials or equipment leased to repair or improve a property. 

The procedures for filing and releasing a mechanic's lien are outlined in Oklahoma Statutes §42-142.1 to §42-142.5. Until the debt is settled, the owner of a property subject to a mechanic's lien may encounter limitations on its usage.

Oklahoma Mechanics Lien Search 

In Oklahoma, inquirers may search for mechanics liens by going to the county clerk's office in the county where the property is located. Inquirers may check public records held by the real estate records department, for any mechanical liens that have been filed. 

Furthermore, internet databases enabling easy searches may be available from certain county clerk offices. 

What is a Mortgage Lien in Oklahoma?

A mortgage lien is a term used to describe a legal encumbrance on real estate used as collateral for a home loan in Oklahoma. A lien is placed on the property by the lender when a borrower gets a mortgage, granting them the power to take possession of it through foreclosure should the borrower fail to make payments. Since this lien is usually entered into county records, the lender's interest is public record. The lien secures the lender's claim to the property until the mortgage is paid in full. Paying off the mortgage, granting a release of the lien, and changing public records are sometimes required steps in lien clearing.

What is a UCC Lien in Oklahoma? 

A Uniform Commercial Code (UCC) lien is a legal claim on personal property in Oklahoma that grants creditors security interest in return for the fulfillment of an obligation or debt. Oklahoma Statutes §12A-1-9-101 to §12A-15-121, which index the Uniform Commercial Code, control UCC liens.

UCC Lien Search Oklahoma

Most UCC lien filings in Oklahoma are currently done at the County Clerk's Office, which serves as a central repository for the state. Hence, interested persons can contact them online or in person. 

To perform a search, an online requester needs to supply the name of the debtor or secured party, the recorded date, the kind of document, or the instrument number. Document type and image, recorded date, book/page, number of pages, instrument number, reference, collateral, debtor and secured party names, and legal descriptions are usually shown in search results. Keep in mind that any online material on UCC liens is not official. Thus, they serve just as information.

To get UCC lien records in person, requesters must go to the Oklahoma County Clerk's Office at:

Oklahoma County Annex Building

320 Robert S. Kerr Avenue, #203

Oklahoma City, OK 73102

Phone: (405) 270-0082

The office is open from Monday through Friday between 9 a.m. to 5 p.m.

What is a Lien Title in Oklahoma?

An Oklahoma lien title is a lien placed on an automobile as security for a loan that the owner has taken out. If the debt is not paid in full, the lender may sell the car to satisfy the lien.

A title is a legal document that attests to a person or entity's status as an authorized car owner. To prove that someone is the new owner of an automobile, the vehicle title must be transferred to their name when someone buys or inherits one. After obtaining ownership, titles must be requested from and issued by the State of Oklahoma within 30 days.

Oklahoma Title Lien Search

An Oklahoma title lien search is a necessary step in the due diligence process before purchasing a vehicle.

Buyers are advised to request a vehicle's title before a transaction is completed with an automobile lender or seller. To ascertain whether a lien is present on a car, interested parties may choose to perform a vehicle information search through the Motor Vehicle Division of the Oklahoma Tax Commission by completing and submitting the required form.

Furthermore, vendors authorized by the National Motor Vehicle Title Information System (NMVTIS) can also sell a customer a history report on a vehicle. To get a report, inquirers often must provide a license plate or VIN (vehicle identification number).

Free Title Lien Search in Oklahoma

There are no free title lien search options in Oklahoma. Access to a vehicle history check is available through the Oklahoma Tax Commission's motor vehicle division, with fees associated with each search type and vehicle history check. Although the costs vary depending on the vendor, NMVTIS searches also incur some expenses.

What is a Judgement Lien in Oklahoma?

A judgment lien, sometimes referred to as an "abstract of judgement," is a legal claim that a creditor may make in Oklahoma on a debtor's property following a decision by the court that supports the creditor's position. This occurs when an entity or individual fails to make payments on a debt, leading to a court order to settle the debt.

In Oklahoma, a judgment creditor or their legal representative must file the Statement of Judgment using a form provided by the Administrative Director of the Courts at the county clerk's office to establish a judgment lien. When the Statement of Judgment and filing fees are presented, and the county clerk accepts them, the judgment lien is duly filed.

Real and personal property owned by the debtor is encumbered by judgment liens, which make it difficult to sell or transfer ownership till the judgment is satisfied. Credit bureaus are usually notified of the judgment, which lowers the debtor's credit score and makes it more difficult for them to get credit in the future. Creditors can enforce judgement liens in several ways, including by taking possession of bank accounts, deducting money from paychecks, or requiring the sale of assets to cover the obligation.

The order of recording determines the priority of judgment liens. When it comes to dividing the funds from the sale of the debtor's property, the first recorded lien typically has a greater priority.

In Oklahoma, judgment liens are good for five years, after which they can be renewed for an additional five. A portion of the debtor's primary residence is shielded from being taken to satisfy judgment liens under Oklahoma's homestead exemption.

The principles governing the prerequisites, filing method, execution, and all implications of judgment liens are outlined in Oklahoma Statute §12-706.   

Oklahoma Judgement Lien Search

In Oklahoma, inquirers can search for a judgment lien by going to the county clerk's office in the relevant county where the property is situated. Give specific property information, such as the owner's name or location. If internet databases are available, use them or ask the clerk for help. Look for judgment lien paperwork containing details on the parties and the judgment amount by name. Requesters must be ready to cover any costs that may apply to obtaining access to public records. 

How to Get a Lien Release in Oklahoma 

In Oklahoma, a lien release is a formal legal document that expunges a lien holder's claim against a property. A lien is a legal claim placed on a property used as security for a debt or obligation. The lien holder has a legal claim on the property until the debt is paid off. A lien release relieves the property of the lien's encumbrance and acts as proof that the debt has been paid off or otherwise fulfilled.

Once all requirements are met, an individual may request for a lien release, depending on the type of lien. In most cases, the lien holder must sign and date two (2) release of lien forms to remove the lien. Send one (1) signed and dated copy of a lien release to the debtor and one (1) signed and dated copy to the Oklahoma Tax Commission, P.O. Box 269061, Oklahoma City, OK 73126. 

For example, a motor vehicle lien release in Oklahoma is required once an auto loan is paid off. This can be obtained by filling out, signing, and dating standard or notarized lien release forms obtained from the county recorder's office where the lien was signed or, if a standard release form cannot be obtained, by using the FL-797 Lien Release Affidavit Letter. Forms are to be submitted to the Motor Vehicles Division, Oklahoma Tax Commission. 

How to Get a Copy of a Lien Release in Oklahoma

Interested members of the public may visit a county recorder's office to submit an official request for a copy of a lien release letter in Oklahoma. The Oklahoma Tax Commission also provides lien release services to requesters through their office online and offline channels. Requests for official copies may also be sent to these county offices via mail and occasionally via fax, email, or an online portal. To release, register, or file a lien, a request must be made to the county recorder's office.