§ 1141.2. Definitions
Oklahoma Statutes AnnotatedTitle 12. Civil Procedure
12 Okl.St.Ann. § 1141.2
§ 1141.2. Definitions
As used in this act:1
1. “Apparent cloud” means an effect, without a judgment of a court of competent jurisdiction, which in the good faith opinion of a requestor results in a condition of title to real property located in the State of Oklahoma that fails to meet the standard of “marketable title” as defined by the “Oklahoma Title Examination Standards” as adopted and revised by the House of Delegates of the Oklahoma Bar Association;2
2. “Certified mail” means that method of transmitting items through the United States Post Office pursuant to which the addressee of the item mailed is either required to indicate an acceptance of delivery or refusal or which results in a record by the United States Post Office that the addressee was contacted regarding the item, but refused delivery or refused to claim the item;
9. “Good faith” means having a basis in facts ascertainable to a requestor or which should be ascertainable with the exercise of reasonable diligence and the reasonable application of law to facts known or which, through the exercise of reasonable diligence, should be known to a requestor regarding the effect of an instrument upon the title to real property located in the State of Oklahoma;
12. “Notice” means the document described in Section 3 of this act;3
20. “Response” means the document transmitted by the respondent to the requestor within the time prescribed by Section 4 of this act;4
23. “Title defect” means a deficiency, as measured or determined by reference to the statutes of the State of Oklahoma, cases decided by the courts of the State of Oklahoma or by reference to the Title Examination Standards published by the Real Property Section of the Oklahoma Bar Association, in the legal or equitable title of real property located in the State of Oklahoma.
Credits
Laws 2000, c. 147, § 2, eff. Nov. 1, 2000.
Footnotes
Title 12, § 1141.1 et seq.
Title Examination Standard 1.1, Title 16, Ch. 1, App.
O.S.L.2000, c. 147, § 3 [Title 12, § 1141.3].
O.S.L.2000, c. 147, § 4 [Title 12, § 1141.4].
12 Okl. St. Ann. § 1141.2, OK ST T. 12 § 1141.2
Current with emergency effective legislation through Chapter 106 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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