SB 2072

                      An Act
ENROLLED SENATE
BILL NO. 2072  By: Hamilton of the Senate
                                                and
                                         Osburn and Dollens of the
                                         House
       An Act relating to conveyances; amending Section 1,
       Chapter 109, O.S.L. 2025 (16 O.S. Supp. 2025, Section
       311), which relates to notice of fraudulent
       conveyance; updating statutory reference; prohibiting
       charging of fee for certain filing; requiring certain
       notice to certain law enforcement agencies; and
       providing an effective date.
SUBJECT:   Fraudulent conveyances
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
    SECTION 1.     AMENDATORY     Section 1, Chapter 109, O.S.L.
2025 (16 O.S. Supp. 2025, Section 311), is amended to read as
follows:
    Section 311. A. A person who is the victim of title theft as
defined set forth in Section 2 1534 of this act Title 21 of the
Oklahoma Statutes may file of record a notice of fraudulent
conveyance, duly verified by oath, setting forth the nature of the
fraudulent conveyance. Such notice may be filed of record by the
victim or by any other person acting on behalf of the victim who is
under a disability or otherwise unable to assert the claim on his or
her own behalf. Such notice shall serve as constructive notice that
the conveyance is alleged to be fraudulent.
    B. To be effective and entitled to be recorded, notice of a
fraudulent conveyance shall contain an accurate and full description
of the real property affected by the recorded fraudulent conveyance.
Such notice of fraudulent conveyance shall be filed for record in
the county clerk’s office of the county or counties where the real
property is situated. Except as provided in subsection D of this
section, the county clerk shall accept any notice presented that
describes real property located in the county and shall enter,
record, and index such notice in the same manner that a deed is
recorded. A county clerk may charge fees for the recording of the
notice in accordance with the county clerk fee schedule set forth in
Section 32 of Title 28 of the Oklahoma Statutes. No fee shall be
charged by the county clerk or court clerk for the filing of an
order to quiet title to restore title to the rightful property owner
due to a fraudulent conveyance. The name or names of any victim
appearing in such notice shall be entered as a grantee or grantees
in such indexes.
    C. Upon the filing of a notice of fraudulent conveyance, the
county clerk shall deliver a copy of the notice to the district
attorney and the local law enforcement agency in the jurisdiction
where the property is located for investigation and potential
prosecution.
    D. The county clerk may refuse to file a notice of fraudulent
conveyance provided for in subsection B of this section if the clerk
has a reasonable belief that the notice constitutes sham legal
process as defined in subsection H of Section 1533 of Title 21 of
the Oklahoma Statutes, or if the clerk has a reasonable belief that
the notice is being presented as a slander of title to the real
property. If the county clerk refuses to file a notice of
fraudulent conveyance, the aggrieved party may petition the district
court for a writ of mandamus to compel the county clerk to record
the notice pursuant to the provisions of Section 75 of Title 16 of
the Oklahoma Statutes.
   SECTION 2.   This act shall become effective November 1, 2026.
ENR. S. B. NO. 2072  Page 2
   Passed the Senate the 16th day of March, 2026.
                                   Presiding Officer of the Senate
   Passed the House of Representatives the 29th day of April, 2026.
                                    Presiding Officer of the House
                                                of Representatives
                       OFFICE OF THE GOVERNOR
   Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
   Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
                                   _________________________________
                                   Governor of the State of Oklahoma
                  OFFICE OF THE SECRETARY OF STATE
   Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________
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