sec 29.2.1 Reliance on Certificate Tax Deed or Resale Tax Deed

Standard 29.2.1

A title examiner may rely, without further requirement, on a certificate tax deed or resale tax deed as a conveyance of the real property described in such deed, provided:

(A) title to such real property is, or has been, held of record by a purchaser for value who acquired such title from or through the grantee in such tax deed; and,

(B) such certificate tax deed or resale tax deed has been of record in the county in which the land is situated for a period of not less than ten years.

Caveat: The title acquired via a certificate tax deed or resale tax deed may be subject to the interest of any person in possession of the land claiming title adversely to the title acquired through such deed. 16 O.S. Section 62(d). Also see the following unpublished case: Johnson v. August, 2005 OK CIV APP 97.

Caveat: See Davis v. Mayberry, 2010 OK CIV APP 94, whcih applies to tax deeds affecting restricted members of the Five Civilized Tribes.

Authority: 16 O.S. Section 62 (d)

Caveat: The title acquired via a certificate tax deed or resale tax deed may be subject to the interest of any person in possession of the land claiming title adversely to the title acquired through such deed. 16 O.S. Section 62(d). Also see the following unpublished case: Johnson v. August, 2005 OK CIV APP 97.

Historical Data

The Title Examination Standards Committee recommended adding a new Standard 29.2.1. to give examiners guidance on when a Certificate Tax Deed or Resale Tax Deed may be relied upon without further requirement. The Real Property Law Section approved, November 8, 2007, and the House of Delegates adopted the proposal November 9, 2007.

The 2012 Report of the Title Examination Standards Committee recommends amending Standard 29.1 to add a caveat to direct examiners to the holding in Davis v. Mayberry in situations where there are tax deeds affecting restricted members of the Five Civilized Tribes. 87 O.B.J. 2211, October 13, 2013. The Real Property Law Section approved the committee's recommendation November 15, 2013, and the recommendation was approved by the House of Delegates on November 16, 2013.