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* !"#$%"&"'()" !&

$ !"#$%"&"'()" !&

+ !"#$%"&"'()" !&

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  !"#$%"&"'()" !&

&,-(./0/&

&12340(3&

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&%5-(6/.#/(.(.60378#."903(.$

&!6434/.0(3(:/.#/(.#/.437;643.+

%,.02#/(:9/-(.4/93#34/(:/.#037:

%9..3//.#/3/.>94.&

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§1-1. Repealed by Laws 1984, c. 163, § 21, eff. Nov. 1, 1984.

§1-2. Repealed by Laws 1984, c. 163, § 21, eff. Nov. 1, 1984.

§1-3. Repealed by Laws 1984, c. 163, § 21, eff. Nov. 1, 1984.

§1-4. Repealed by Laws 1984, c. 163, § 21, eff. Nov. 1, 1984.

§1-5. Repealed by Laws 1984, c. 163, § 21, eff. Nov. 1, 1984.

§1-6. Repealed by Laws 1984, c. 163, § 21, eff. Nov. 1, 1984.

§1-7. Repealed by Laws 1984, c. 163, § 21, eff. Nov. 1, 1984.

§1-8. Repealed by Laws 1984, c. 163, § 21, eff. Nov. 1, 1984.

§1-9. Repealed by Laws 1984, c. 163, § 21, eff. Nov. 1, 1984.

§1-16. Repealed by Laws 1984, c. 163, § 21, eff. Nov. 1, 1984.

§1-17. Repealed by Laws 1984, c. 163, § 21, eff. Nov. 1, 1984.

§1-18. Repealed by Laws 1984, c. 163, § 21, eff. Nov. 1, 1984.

§1-20. Short title.

Sections 227.10 through 227.30 of this title shall be known and

may be cited as the “Oklahoma Abstractors Act”.

Added by Laws 1984, c. 163, § 1, eff. Nov. 1, 1984. Amended by Laws

2006, c. 269, § 2, eff. July 1, 2007; Laws 2007, c. 359, § 1, eff.

Jan. 1, 2008. Renumbered from Title 74, § 227.10 by Laws 2007, c.

359, § 22, eff. Jan. 1, 2008.

land issued pursuant to a certificate certifying to the matters

therein contained;

2. "Abstract plant" shall consist of a set of records in which

an entry has been made of all documents or matters which legally

impart constructive notice of matters affecting title to real

property, any interest therein or encumbrances thereon, which are

filed, recorded and currently available for reproduction in the

offices of the county clerk and the court clerk in the county for

which such abstract plant is maintained. Such records shall consist

of:

a. an index in which notations of or references to any

documents that describe the property affected are

included, according to the property described or in

which copies or briefs of all such documents that

describe the property affected are sorted and filed

from the instruments of record affecting real property

any county index; and

copied from any county index;

for a holder of a certificate of authority to search and remove from

records, and issue the abstract of title;

4. “Act” or “Oklahoma Abstractors Law” means the Oklahoma

Abstractors Act;

5. “Board” means the Oklahoma Abstractors Board;

6. "Certificate of authority" is the authorization to engage in

the business of abstracting in a county in this state, granted to a

person, firm, corporation, or other entity, by the Oklahoma

Abstractors Board;

7. “Permit” is the authorization to build an abstract plant in a

specific county; and

Laws 2008, c. 97, § 1, eff. Nov. 1, 2008.

§1-22. Oklahoma Abstractors Board.

A. There is hereby re-created to continue until July 1, 2020, in

accordance with the Oklahoma Sunset Law the Oklahoma Abstractors

Board. Beginning January 1, 2008, the Oklahoma Abstractors Board

shall have the total responsibility of administering and enforcing

the Oklahoma Abstractors Act.

B. The Board shall have the power and duty to prescribe,

promulgate and implement rules as deemed necessary to implement all

the provisions of the Oklahoma Abstractors Act.

C. The Board shall have the power and duty to obtain and secure

an office in Oklahoma City, and employ, direct, discharge, and define

the duties and set the salaries of employees of the Board, including

an executive director, as are necessary to implement the provisions

of the Oklahoma Abstractors Act.

appointed by the Governor and confirmed by the Senate:

either a holder of a current valid Certificate of Authority or an

Grady, Greer, Harmon, Jackson, Jefferson, Kiowa, Love, McClain,

District 3: Canadian, Cleveland, Logan, and Oklahoma Counties.

Muskogee, Noble, Nowata, Okmulgee, Osage, Ottawa, Pawnee, Payne,

Sequoyah, and Washington Counties.

District 5: Creek, Lincoln, Rogers, Tulsa, and Wagoner Counties.

District 6: Atoka, Bryan, Choctaw, Coal, Haskell, Hughes,

Johnston, Latimer, Leflore, McIntosh, Marshall, McCurtain, Okfuskee,

Pittsburg, Pontotoc, Pottawatomie, Pushmataha, and Seminole Counties;

2. One member shall be a resident of this state who has been a

licensed real estate broker in Oklahoma for not less than five (5)

years;

3. One member shall be an attorney who is a resident of this

within ninety (90) days of the effective date of this act:

1. The initial appointments for the members of the Board shall

be as follows:

a. members appointed from Districts 1 and 3 shall serve

until July 1, 2008,

b. members appointed from Districts 2 and 4 shall serve

until July 1, 2009,

c. members appointed from Districts 5 and 6 shall serve

until July 1, 2010,

d. the real estate broker member shall serve until July 1,

2010,

e. the attorney member shall serve until July 1, 2009, and

f. the bank officer member shall serve until July 1, 2010;

and

2. Thereafter, all members shall serve four-year terms.

F. Each member shall hold office until the expiration of the

appointed and confirmed:

occurring during a term shall be filled by the Governor for the

for service on the Board, but shall be reimbursed for travel expenses

State Travel Reimbursement Act.

1. For inefficiency, neglect of duty, or malfeasance in office

in the manner provided for by law for the removal of officers not

subject to impeachment;

2. For cause which shall include, but not be limited to:

a. the member has ceased to be qualified. A member of the

Board is no longer qualified to serve if that member:

(1) is a member whose certificate of authority,

license, or permit pursuant to the laws of this

state has become void or has been revoked or

suspended, or

c. the member has become medically incapacitated as

determined in writing by a medical doctor upon request

by the Board, or

d. the member has been absent from three meetings, or is

absent for more than one-half (1/2) the number of

minutes for which a meeting is conducted of three

meetings as determined by the Board during any twelve-

month period, unless such absence is determined to be

unavoidable in the opinion of a majority of the

remaining members;

3. Upon being found guilty, through due process, of malfeasance,

misfeasance or nonfeasance in relation to Board duties; or

4. Upon being found mentally incompetent by a court of competent

jurisdiction.

I. Removal pursuant to the provisions of subsection H of this

1. After a majority vote of the remaining members setting out

the disqualification of the member, a written notification of the

statement of findings after the hearing as to the

secretary of the Board, and

provided for appointments to the Board.

Added by Laws 2007, c. 359, § 3, eff. July 1, 2007. Amended by Laws

2013, c. 350, § 1; Laws 2019, c. 44, § 1.

§1-23. Oklahoma Abstractors Board meetings - Officers, duties and

powers.

A. The Oklahoma Abstractors Board shall meet at least quarterly

each calendar year, and may meet more often as determined by the

Board.

B. The Board shall elect from its membership a chair, a vice-

the Board shall direct. A special meeting shall be called by the

chair upon written request of three or more board members.

2. The vice-chair shall exercise the powers of and perform the

duties of the chair in the absence or disability of the chair, and

perform such other duties as the Board shall direct.

3. The secretary shall keep a complete and permanent record of

all proceedings of the Board and shall preside at any meeting in the

absence of the chair and vice-chair, validate minutes of all of the

meetings of the Board, in the manner prescribed in the rules of the

Board and supervise the maintenance of the records of the Board. The

secretary shall perform such other duties as the Board shall direct.

4. At any regular or special meeting at which none of the

officers are in attendance, the members of the Board in attendance

shall elect a member to preside at that meeting.

5. Five Board members shall constitute a quorum for the

Added by Laws 2007, c. 359, § 4, eff. July 1, 2007.

§1-24. Administration of Abstractors Act - Hearing examiners.

B. The Board may designate and employ hearing examiners who

provisions of applicable rules, regulations, and orders of the Board.

which any party to the proceeding is or has been a client of the

hearing examiner or any partnership, firm, corporation, or other

entity with which the hearing examiner is or has been associated. In

any hearing the burden of proof shall be upon the moving party.

Added by Laws 1984, c. 163, § 3, eff. Nov. 1, 1984. Amended by Laws

2007, c. 359, § 5, eff. Jan. 1, 2008. Renumbered from Title 74, §

227.12 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.

§1-25. Abstractors Board - Powers and duties.

In performing the duties imposed pursuant to the Oklahoma

section;

2. To hold examinations for applicants for abstract licenses;

3. To issue abstract licenses, certificates of authority, and

permits in such form as deemed appropriate;

4. To issue abstract licenses and certificates of authority to

nonresidents, associations, corporations, and partnerships;

5. To suspend, revoke, or reinstate abstract licenses and

certificates of authority previously issued, upon good cause shown;

6. To reprimand, place on probation, or require additional

education of licensees and certificate holders upon good cause shown;

7. To establish administrative penalties and fines as provided

for in Section 227.22 of this title for failure to furnish an

abstract, abstract extension, supplemental abstract or final title

report;

8. To prescribe and impose such administrative penalties and

fines as deemed proper to be assessed against licensees and

the violation or noncompliance with any provision of the Oklahoma

9. To cause the prosecution of any person who violates any of

13. To establish the amount of the bond to be filed with

permits;

authority, set criteria for determining what constitutes an excessive

fee, and impose administrative penalties and fines for violations of

approved fee schedules;

15. To deposit all fees and fines collected to the credit of the

Oklahoma Abstractors Board Fund;

16. To confer with and seek legal assistance from the Office of

the Attorney General whenever deemed appropriate by the Board; and

17. To have a seal which shall be affixed to all certificates of

authority, abstract licenses, certified copies of documents on file,

and such other instruments as the Board may direct, and all courts

1985, c. 304, § 11, emerg. eff. July 24, 1985; Laws 2006, c. 269, §

3, eff. July 1, 2007; Laws 2007, c. 359, § 6, eff. Jan. 1, 2008.

Renumbered from Title 74, § 227.13 by Laws 2007, c. 359, § 22, eff.

Jan. 1, 2008.

§1-26. Oklahoma Abstractors Board Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Abstractors Board to be designated the "Oklahoma

Abstractors Board Revolving Fund". Beginning July 1, 2007, any

monies collected pursuant to the Oklahoma Abstractors Law shall be

deposited into the Oklahoma Abstractors Board Revolving Fund.

Beginning January 1, 2008, any monies collected pursuant to the

Oklahoma Abstractors Act shall be deposited into the Oklahoma

Abstractors Board Revolving Fund. The fund shall be a continuing

fund, not subject to fiscal year limitations, and shall consist of

all monies received by the Oklahoma Abstractors Board from any

to the Oklahoma Abstractors Act. All monies accruing to the credit

by the Oklahoma Abstractors Board for the purpose of effectuating the

required.

engage in the business of abstracting in this state shall make

application to the Oklahoma Abstractors Board for a certificate of

authority for each county in which the applicant desires to do

business. The application shall be on a form prepared by the Board

and containing such information as may be necessary to determine

whether or not the applicant has complied with the provisions of the

Oklahoma Abstractors Act. The application shall be accompanied by a

fee and a bond. The bond may be a corporate surety bond or a

personal bond in the form of cash or a certificate of deposit

endorsed in favor of and delivered to the Board. The application fee

10,000 but less than 30,000 $1,000.00

approved bond on file with the county clerk for a period of time not

to exceed twenty-four (24) hours after first giving proper receipt to

the appropriate clerk or deputy.

C. An abstractor shall have the right of access to any

instrument filed of record in a county office, not later than the

close of business of the first business day following the day of

filing. There shall be no fee charged for providing access to the

instrument.

D. For purposes of this section, "access" means possession of

said instrument to mechanically reproduce it, either in the office or

out of the office of filing, at the discretion of the county officer

having custody of the instrument, which reproduction shall be

completed not later than the close of business of the first business

day following the day of receipt of the document. Provided if the

abstractor fails to return the files within the twenty-four-hour

allow the abstractor to remove said files at a later date. Any

action to the Oklahoma Abstractors Board.

preserve the public records to which they have access as do the

certificates of authority or permits and abstract licensees shall be

officers.

G. Reliance on the county indexes in the preparation of an

abstract of title shall not be a defense of liability for an error or

omission in an abstract of title.

Added by Laws 1984, c. 163, § 14, eff. Nov. 1, 1984. Amended by Laws

2007, c. 359, § 17, eff. Jan. 1, 2008. Renumbered from Title 74, §

227.23 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008. Amended by

Laws 2008, c. 84, § 1, eff. Nov. 1, 2008.

§1-37. Certain employees required to hold abstract license -

to put the work product of others into typewritten or other readable

form.

Added by Laws 1984, c. 163, § 15, eff. Nov. 1, 1984. Renumbered from

Title 74, § 227.24 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.

§1-38. Qualifications for issuance of license - Term of license -

License fee.

A. An abstract license shall be issued by the Oklahoma

Abstractors Board to an applicant who:

1. Is eighteen (18) years of age or older;

2. Is of good moral character;

3. Has not been convicted of or pleaded guilty or nolo

contendere to a felony or crime of moral turpitude in this state,

another state, or a federal court; and

4. Has passed a test for abstractors required by the Board.

Board shall set the fees for an abstract license and for renewal not

Added by Laws 1984, c. 163, § 16, eff. Nov. 1, 1984. Amended by Laws

holder of a certificate of authority or permit. If the licensee

permit or changes employment to another holder of a certificate of

ten (10) days of the action.

Added by Laws 1984, c. 163, § 17, eff. Nov. 1, 1984. Amended by Laws

2007, c. 359, § 19, eff. Jan. 1, 2008. Renumbered from Title 74, §

227.26 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.

§1-40. Censure, revocation or suspension of abstract license.

Upon good cause shown and after a hearing, the Oklahoma

Abstractors Board may censure a licensee or revoke or suspend his

abstract license for any of the following acts:

1. Making of a materially fraudulent statement in an application

any similar offense, or pleading guilty or nolo contendere to any

such offense; or

3. Destroying or secreting public records, or failing to return

said records within the designated time; or

4. Any other conduct which constitutes untrustworthy or

improper, fraudulent, or dishonest activities; or

5. Disregarding or violating any provision of the Oklahoma

Abstractors Act; or

6. Continued violation after notice from the Board of engaging

in a practice of charging excessive abstracting fees.

Added by Laws 1984, c. 163, § 18, eff. Nov. 1, 1984. Amended by Laws

2007, c. 359, § 20, eff. Jan. 1, 2008. Renumbered from Title 74, §

227.27 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.

§1-41. Unlawful business inducements - Charges for abstracts,

List of abstracting fees - Civil penalties.

obtaining any business to pay, rebate, or deduct any portion of or to

furnished; and

subsidiary, affiliate, parent, relative within the fifth degree,

corporation included in this section.

B. All charges for abstracts, abstract extensions, supplemental

abstracts or final title reports shall be separately stated and shall

not be combined with title insurance, closing fees, or examination

charges, shall be uniform for all abstracts, abstract extensions,

supplemental abstracts or final title reports of whatsoever kind or

nature, whether the abstract, abstract extension, supplemental

abstract or final title report is prepared for use by the abstractor

or for others purchasing abstracts, abstract extensions, supplemental

abstracts or final title reports from the abstractor; and any other

title shall include all fees the applicant intends to charge for

abstracts, abstract extensions, supplemental abstracts or final title

reports. The Oklahoma Abstractors Board shall notify the applicant

in writing of any action taken with regard to the requested fees

within sixty (60) days of submission. If no notice is provided

regarding the submitted fees, they will be deemed to become effective

on the sixty-first day following the day the application was

submitted to the Board. The fees shall also be subject to the

following:

1. No fee shall be charged that is not on the approved list;

2. The holder of the certificate of authority may submit an

amended list of fees once a year requesting approval for changes to

the currently approved fees; and

3. The amended list of fees must be approved before becoming

effective. The Board may disapprove a list of fees or an amended

list of fees if the fees are determined to be excessive or are used

excessive, the Board may consider any or all of the following:

abstract extension, supplemental abstract or final

f. the cost of providing the abstract, abstract extension,

g. the availability of competition,

and

i. any other relevant factor applicable to a particular

set of circumstances presented for approval.

D. In addition to any other penalty any person, firm,

corporation, or other entity violating the provisions of this section

shall be subject to a civil penalty of not less than One Hundred

Dollars ($100.00) and not more than One Thousand Dollars ($1,000.00)

for each occurrence. The fine may be enforced in the same manner in

which civil judgments may be enforced.

Added by Laws 1984, c. 163, § 19, eff. Nov. 1, 1984. Amended by Laws

An action for damages by reason of any imperfect or false

abstract hereafter compiled must be brought within five (5) years

from the date the abstract certificate was issued.

Added by Laws 1984, c. 163, § 20, eff. Nov. 1, 1984. Renumbered from

Title 74, § 227.29 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.

§1-43. Real property purchaser – Retention of abstract.

A purchaser of real property shall have the opportunity to retain

possession of the abstract for the property being purchased. The

purchaser shall be notified about the option to retain possession at

the scheduled closing; however, if a contractual obligation to a

mortgage company requires retention of the abstract by that mortgage

company, then the purchaser shall have an opportunity to take

possession of the abstract upon complete performance of the

contractual obligations. If a duly licensed abstract company is

or another party to a current transaction, the licensed abstractor

and certificate of authority holders who refuse to do so shall be

same manner in which other civil judgments may be enforced; and

Oklahoma Abstractors Board.

227.30 of Title 74 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.

Amended by Laws 2017, c. 148, § 1, eff. Nov. 1, 2017.