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An Act
ENROLLED SENATE
BILL NO. 925 By: Hamilton, Bullard, Guthrie,
and Burns of the Senate
and
Osburn of the House
An Act relating to title theft; authorizing filing of
certain notice; establishing requirements for filing
of certain notice; specifying required contents of
certain notice; authorizing charging of fees for
recording certain notice; requiring county clerk to
provide copy of certain notice to district attorney;
authorizing refusal to file notice under certain
circumstances; authorizing certain petition;
establishing felony offenses for title theft;
establishing elements of certain offenses;
establishing punishments for certain offenses;
requiring order of restitution for certain offenses;
requiring county clerk to post certain signage;
providing for codification; and providing an
effective date.
SUBJECT: Title theft
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 311 of Title 16, unless there is
created a duplication in numbering, reads as follows:
A. A person who is the victim of title theft as defined in
Section 2 of this act may file of record a notice of fraudulent
conveyance, duly verified by oath, setting forth the nature of the
fraudulent conveyance. Such notice may be filed of record by the
victim or by any other person acting on behalf of the victim who is
under a disability or otherwise unable to assert the claim on his or
ENR. S. B. NO. 925 Page 2
her own behalf. Such notice shall serve as constructive notice that
the conveyance is alleged to be fraudulent.
B. To be effective and entitled to be recorded, notice of a
fraudulent conveyance shall contain an accurate and full description
of the real property affected by the recorded fraudulent conveyance.
Such notice of fraudulent conveyance shall be filed for record in
the county clerk’s office of the county or counties where the real
property is situated. Except as provided in subsection D of this
section, the county clerk shall accept any notice presented that
describes real property located in the county and shall enter,
record, and index such notice in the same manner that a deed is
recorded. A county clerk may charge fees for the recording of the
notice in accordance with the county clerk fee schedule set forth in
Section 32 of Title 28 of the Oklahoma Statutes. The name or names
of any victim appearing in such notice shall be entered as a grantee
or grantees in such indexes.
C. Upon the filing of a notice of fraudulent conveyance, the
county clerk shall deliver a copy of the notice to the district
attorney for investigation and potential prosecution.
D. The county clerk may refuse to file a notice of fraudulent
conveyance provided for in subsection B of this section if the clerk
has a reasonable belief that the notice constitutes sham legal
process as defined in subsection H of Section 1533 of Title 21 of
the Oklahoma Statutes, or if the clerk has a reasonable belief that
the notice is being presented as a slander of title to the real
property. If the county clerk refuses to file a notice of
fraudulent conveyance, the aggrieved party may petition the district
court for a writ of mandamus to compel the county clerk to record
the notice pursuant to the provisions of Section 75 of Title 16 of
the Oklahoma Statutes.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1534 of Title 21, unless there
is created a duplication in numbering, reads as follows:
A. A person commits title theft when he or she:
1. Intentionally alters, falsifies, forges, or misrepresents a
document pertaining to real property, with the intent to deceive,
ENR. S. B. NO. 925 Page 3
defraud, or unlawfully transfer or encumber the ownership rights of
the owner of the real property;
2. With intent to defraud, misrepresents himself or herself as
the owner or authorized representative of the owner of real property
to induce another person to rely on such false information to obtain
ownership or possession of such real property; or
3. With intent to defraud, takes, obtains, steals, encumbers,
or transfers title or an interest in real property by fraud,
forgery, larceny, or any other fraudulent or deceptive practice.
B. A person who procures, files, or causes to be filed of
public record any document pertaining to an interest in real
property with intent to deceive another person as to the veracity of
the document recorded shall be, upon conviction, guilty of a felony
punishable by imprisonment in the custody of the Department of
Corrections for a term not to exceed three (3) years, a fine not to
exceed Five Thousand Dollars ($5,000.00), or by both such
imprisonment and fine. Additionally, the court shall order
restitution to be paid to the aggrieved party as authorized by
Section 991f of Title 22 of the Oklahoma Statutes.
C. A person who knowingly and willfully procures, files, or
causes to be filed of public record a document pertaining to real
property in this state with intent to defraud the owner of the real
property or the owner of an interest in the real property shall be,
upon conviction, guilty of a felony punishable by imprisonment in
the custody of the Department of Corrections for a term not to
exceed ten (10) years, a fine not to exceed Five Thousand Dollars
($5,000.00), or by both such imprisonment and fine. Additionally,
the court shall order restitution to be paid to the aggrieved party
as authorized by Section 991f of Title 22 of the Oklahoma Statutes.
D. A county clerk shall post a sign, in letters at least one
(1) inch in height, that is clearly visible to the general public in
or near the county clerk’s office stating that it is a crime to
knowingly file a fraudulent document pertaining to real property
with the county clerk.
SECTION 3. This act shall become effective November 1, 2025.
ENR. S. B. NO. 925 Page 4
Passed the Senate the 27th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the 30th day of April, 2025.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________