Civil procedure; real property title; bond; effective date.

ENGR. H. B. NO. 4119 Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

ENGROSSED HOUSE
BILL NO. 4119 By: West (Tammy) of the House

and

Thompson of the Senate

An Act relating to civil procedure; amending 12 O.S.
2021, Section 1148.6, which relates to defendant
asserting title to real property; requiring bond;
providing bond limit; updating statutory language;
and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 1148.6, is
amended to read as follows:
Section 1148.6. A. 1. In all cases in which the defendant
wishes to assert title to the land real property or that the
boundaries of the land real property are in dispute, he or she
shall, before the time for the trial of the cause, file a verified
answer or an affidavit which contains a full and specific statement
of the facts constituting his or her defense of title or boundary
dispute. If the defendant files such a verified answer or
affidavit, the action shall proceed as one in ejectment before the
proper division of the district court. If the defendant files an

ENGR. H. B. NO. 4119 Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

affidavit, he or she shall file an answer within ten (10) days after
the date the affidavit is filed.
2. The court may make an order for the safekeeping of the real
property subject to this action by ordering a defendant who asserts
title to real property to give a bond, payable to the clerk of the
court, not to exceed ten percent (10%) of the current market value
of such real property, conditioned upon compliance with the future
order or judgment of the court with respect to the subject matter of
the controversy.
B. In all cases in which the cause of action is based on an
asserted breach of a lease by the defendant, or the termination or
expiration of a lease under which the defendant claims an interest
in the property in a verified answer or affidavit, the plaintiff may
proceed with the forcible entry and detainer action instead of an
ejectment action.
C. No answer by the defendant shall be required before the time
for trial of the cause.
SECTION 2. This act shall become effective November 1, 2026.

ENGR. H. B. NO. 4119 Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

Passed the House of Representatives the 24th day of March, 2026.

Presiding Officer of the House
of Representatives

Passed the Senate the ______ day of __________, 2026.

Presiding Officer of the Senate