By Kim Pogue Jenkins, Esq.

Baer & Timberlake, P.C.*

USFN Member (OK)

The Oklahoma Legislature has amended its statute regarding alien ownership of land. Effective November 1, 2023, no deed may be recorded in Oklahoma unless it is accompanied by an affidavit from the grantee attesting that the grantee is taking title in compliance with the state laws on foreign ownership of land.

The Oklahoma Constitution and 60 Okla. Stat. §§121-123 have historically provided that a person who is not a citizen of the United States or a bona fide resident of Oklahoma may not hold title to real property in the state, and they must dispose of the property within five years of acquiring title or the property will be forfeited to the State. Title 60 Okla.Stat. §121 was recently amended to add the requirement that any deed recorded with the county clerk must be accompanied by an affidavit that the grantee “is obtaining the land in compliance with the requirements of this section and that no funding source is being used in the sale or transfer in violation of this section or any other state or federal law. A county clerk shall not accept and record any deed without an affidavit as required by this section. The Attorney General shall promulgate a separate affidavit form for individuals and for business entities or trusts to comply with the requirements of this section, with the exception of those deeds which the Attorney General deems necessary when promulgating the affidavit form.” (Emphasis added.)

The Oklahoma Attorney General has provided the forms, which may not be altered in any way. Those forms may be located at the attorney general’s website at https://www.oag.ok.gob/public-forms.

Foreclosure attorneys will immediately be faced with a dilemma when recording a deed to a government agency. The forms are for individuals and business entities only, and cannot be revised to accommodate HUD, VA, FNMA, FHLMC, or any other government or tribal entity.

Upon inquiry, the Attorney General’s office indicated that they would be issuing an opinion exempting governmental and tribal entities from the affidavit requirement. However, as of the date of this article, the office has not yet published that opinion. Until they do so, no deed may be recorded to these entities.

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USFNews - December 6, 2023

* Denotes firm is a 2023 USFN Award of Excellence recipient.