Uniform Commercial Code (UCC) Filing Guide

Effective July 1, 2001

Filing Under New Laws Revising Article 9 of the Uniform Commercial Code

Oklahoma Uniform Commercial Code Central Filing Office

In the Office of Oklahoma County Clerk,

Carolyn Caudill

405-713-1522 (General Information)

405-713-1810 (Fax)

To perform a search via the Internet and for general information, visit their website at:

oklahomacounty.org/countyclerk

Contact the Central Filing Office by E-mail at:

uccoffice@oklahomacounty.org

RECORDING, FILING AND COPY FEES

ALL FILINGS HAVE A $5.00 PRESERVATION FEE

Documentary Stamps - $.75 per $500 or $1.50 per $1,000.   It is based on the entire consideration paid for property.

Recording Fees - $8 for the first page and $2 for each additional page.

Copies - $1 per page per instrument.

Certified Copies  -  $1 per Certification.

Copies of Indexes  - an Affidavit for Persons and Firms wishing to copy Indexes is required before service is rendered.  Providing this service requires the Tract Book be removed from Public Access and takes extensive time away from the Deputy's regular duties; therefore this service will be rendered after office hours and you will be required to reimburse the County for that employees overtime hours at the rate of $15 per hour (one hour minimum) along with the customary copy charge.

Fax - $0.25 per page

Recording Plats of one block or less - $10.

Recording Plats of more than one block - $25.

Preservation Fee  -  additional $5.00 per instrument

Fictitious Partnerships  -  $5 first page $2 each additional page.

Attorney & Hospital Lien  -  $10 first page $2 each additional page.  No charge for Release, preservation fee $5.00.

Insurance Lien  -  $10 first page $2 each additional page.  No charge for Release, preservation fee $5.00.

Physicians Lien   -  $10 first page $2 each additional page.  No charge for Release, preservation fee $5.00.

Underground Facilities  -  $100 fee. Must be filed in January each year.  After February 1 a $50 late fee is charged.

Mechanic Lien  -  $10 first page  -  $2 each additional page  -  $8 for each notice.  No charge for Release, preservation fee $5.00.

Oklahoma Tax Warrants   -  $8 filing fee  -  $8 Release fee.

Federal Tax Lien    -  All filings $8  -  $8 Release fee.

*Copying Images to Electronic Media

1 to 100 images - $25.00 (Minimum Charge)
101 to 250 images - $0.20 per image
251 to 500 images - $0.15 per image
501 to 1,000 images - $0.10 per image
1,001 images and above - $0.05 per image

*Images can only be reproduced in a range of document numbers, book & page or date range fee includes CD, Mailer and Postage. Other formats customer must provide media

Statutory Requirements For Recording  

19 O.S. Section 261:

all instruments filed for record in the Office of any County Clerk within the State of Oklahoma shall, under the signature affixed to said instrument, bear the printed or typed name of the signer thereof.

 19 O.S. Section 298:

·Shall be an original or certified copy of an original instrument.

• Shall be clearly legible, in the English language, using xerographically reproducible dark ink, on paper of a color that is xerographically reproducible by the copying equipment in use by the county clerk.
• Shall describe the property by its specific legal description, and provide such information as is necessary for indexing.
• Shall on each instrument be listed the mailing address of the grantee, mortgage, assignee or other designated party to which the instrument is to be delivered after recording.
• If the instrument contains more than twenty-five legal descriptions requiring separate entries in the indexes, the descriptions shall be sorted by addition, block, and lot if platted property, or by township, range, and section if described by governmental survey description.  Any instrument offered for recording containing more than twenty-five legal descriptions per page, shall be accompanied by an additional filing fee of one dollar ($1.00) per legal description in excess of twenty-five legal descriptions per page.
• Unless otherwise provided by law, such documents shall measure no larger than eight and one-half (8 ½) inches by fourteen (14) inches.
• All documents shall provide an area free of printed information sufficient in size to accommodate affixation of the documentary stamps required, any certification of payment of mortgage taxes, and the recording information affixed by the county clerk upon acceptance of a document for recordation.
• If an instrument submitted to the county clerk for recording does not contain sufficient space for the affixation of such stamps and recording information without covering language contained in the instrument, the county clerk may attach an additional page to the document to provide for the affixation of such stamps and recording information.
• The top margin of all documents shall be at least one (1) inch and all other margins shall be at least one-half (1/2) inch.
• Despite any provision in this section to the contrary, the county clerk shall accept for filing any document that fails to meet the requirement of this section if:
• The document is an original or a certified copy of an original;
• The document is legible without the aid of magnification or other enhancement of the text;
• The document is xerographically reproducible by the copying equipment in use by the county clerk;
• The document meets all other statutory requirements for recordation; and
• The person offering the instrument for recording pays the additional fee provided in Section 32 of Title 28 of the Oklahoma Statutes for nonconforming documents.

Documentary Stamp Tax  

STATUTORY REFERENCE: Pursuant to Oklahoma State Statute Title 68 Section 3201 there is imposed on each conveyance of real property a Documentary Stamp Tax when the consideration or value exceeds One Hundred Dollars ($100.00). 

AMOUNT OF TAX:  The tax shall be prorated at the rate of seventy-five cents ($0.75) for each Five Hundred Dollars ($500.00) of the consideration or any fractional part thereof.

EXEMPTIONS:  Oklahoma State Statute Title 68 Section 3202 states the tax imposed by Section 3201 shall not apply to:

1. Deeds recorded prior to the effective date of Sections 3201 through 3206 of this title;

2. Deeds which secure a debt or other obligation;

3. Deeds which, without additional consideration, confirm, correct, modify or supplement a deed previously recorded;

4. Deeds between husband and wife, or parent and child, or any persons related within the second degree of consanguinity, without actual consideration therefore,  Deeds between any person and an express revocable trust created by such person or such person’s spouse or deeds pursuant to which property is transferred from a person to a partnership, limited liability company or corporation of which the transferor or the transferor’s spouse, parent, child, or other person related within the second degree of consanguinity to the transferor are the only owners of the partnership, limited liability company or corporation.  However, if the ownership of the partnership, limited liability company or corporation is changed within one (1) year of the property transfer, the seller shall immediately pay the amount of tax which would have been due had this exemption not been granted;

5. Tax deeds;

6. Deeds of release of property which is security for a debt or other obligation;

7. Deeds executed by Indians in approval  proceedings of the District Courts or by the Secretary of the Interior;

8. Deeds of Partition, unless, for consideration, some of the parties take shares greater in value than their undivided interests, in which event a tax attaches to each deed conveying such greater share computed upon the consideration for the excess;

9. Deeds made pursuant to mergers of partnerships, limited liability companies or corporations;

10. Deeds made by a subsidiary corporation to its parent corporation for no consideration other than the cancellation or surrender of the subsidiary’s stock;

11. Deeds or instruments to which the State of Oklahoma or any of its instrumentality’s, agencies or subdivisions is a party, whether as Grantee or as Grantor or in any capacity;

12. Deeds or instruments to which the United States or any of its agencies or departments is a party, whether as Grantor or Grantee or in any other capacity, provided that this shall not exempt transfers to or from National Banks or Federal Savings and Loan Associations;

13. Any deed executed pursuant to a foreclosure proceeding in which the Grantee is the holder of a Mortgage on the property being foreclosed, or any deed executed pursuant to a Power of Sale in which the Grantee is the party exercising such Power of Sale or any deed executed in favor of the holder of a Mortgage on the property in consideration for the release of the borrower from liability on the indebtedness secured by such Mortgage except as to cash consideration paid;  provided, however, the tax shall apply to deeds in other foreclosure actions, unless otherwise herein above exempted, and shall be paid by the purchaser in such foreclosure actions; or

14. Deeds and other instruments to which the Oklahoma Space Industry Development Authority or a Spaceport user, as defined in the Oklahoma Space Industry Development Act, is a party.

When submitting a deed that is exempt from Documentary Stamp Tax

for recording, the Statute reference exemption must be included on the

face of the document stating “No Documentary Stamp Tax Required

pursuant to O.S. Title 68 Section 3202.(exemption number)”

Instrument Recording Guide

Prepare documents legibly and in accordance with the provisions of 19 O.S. Section 261 and 298. 

 Properly title, date and execute the document including typed names and titles beneath all signatures. Make sure each name and signature is consistent throughout the document.

Properly witness and/or acknowledge all documents.  Documents affecting real property must be acknowledged in the proper format.

Include the complete legal description of the property with all initial recordings and on subsequent recordings where required by statute.

Properly reference previously recorded documents when you submit subsequent related documents for recording by including the book & page numbers.

Provide necessary information to recorder including the name, address and telephone number of the preparer.  Frequently we can notify you by telephone if we notice a minor problem.  All deeds and/or conveyances of real property requiring documentary stamps must be accompanied with proof of purchase price, i.e. bill of sale, sales contract, receipt, etc.  This documentation is for purchase price verification only and will not be recorded. 

Identify schedules and exhibits clearly and number the pages so we can tell they belong with the document and are not an additional recording.

Include the correct fee and applicable taxes:  all instruments offered for recording require a Filing Fee, Deeds may require Documentary Stamp Tax, and Mortgages require a Mortgage Tax Fee.

Include a self addressed stamped envelope to ensure return of the document to the desired party.  If there is not a self addressed envelope included, all instruments are returned to the party submitting the document for recording.

Double check your work to avoid rejection.