{"data":{"id":"us-ok/okla.-stat.-tit.-16-16-53","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 16, § 16-53","heading":"Recorded signed documents - Rebuttable presumptions","body":"EVIDENTIARY EFFECT OF RECORDED DOCUMENT\n\nA. A recorded signed document relating to title to real estate\n\ncreates a rebuttable presumption with respect to the title that:\n\n1. The document is genuine and was executed as the voluntary\n\nact of the person purporting to execute it;\n\n2. The person executing the document and the person on whose\n\nbehalf it is executed are the persons they are purported to be and\n\nthe person executing it was neither incompetent nor a minor at any\n\nrelevant time;\n\n3. Delivery occurred notwithstanding a lapse of time between\n\ndates on the document and the date of recording;\n\n4. Any necessary consideration was given;\n\n5. The grantee, transferee, or beneficiary of an interest\n\ncreated or claimed by the document acted in good faith at all\n\nrelevant times up to and including the time of the recording;\n\n6. A person purporting to act as an attorney-in-fact pursuant\n\nto a recorded power of attorney held the position he purported to\n\nhold and acted within the scope of his authority. It shall also be\n\npresumed that the principal was alive and was neither incompetent\n\nnor a minor at any relevant time;\n\n7. A person purporting to act as:\n\na. one of the officers listed in Section 93 of Title 16\n\nof the Oklahoma Statutes on behalf of a corporation,\n\nb. a partner of a general partnership,\n\nc. a general partner of a limited partnership,\n\nd. a manager of a limited liability company,\n\ne. a trustee of a trust,\n\nf. any officer or member of the board of trustees of a\n\nreligious corporation,\n\ng. a court-appointed trustee, receiver, personal\n\nrepresentative, guardian, conservator, or other\n\nfiduciary, or\n\nh. an officer or member of any other entity,\n\nheld the position he purported to hold, acted within the scope of\n\nhis authority (unless limitations of authority were previously filed\n\nof record and indexed against the property in question), and the\n\nauthorization satisfied all requirements of law;\n\n8. All entities that are parties to the document are in good\n\nstanding in their jurisdiction of organization;\n\n9. If the document purports to be executed pursuant to or to be\n\na final determination in a judicial or administrative proceeding, or\n\nto be executed pursuant to a power of eminent domain, the court,\n\nofficial body, or condemnor was acting within its jurisdiction and\n\nall steps required for the execution of the title document were\n\ntaken;\n\n10. Recitals and other statements of fact in a conveyance are\n\ntrue if the matter stated was relevant to the purpose of the\n\ndocument;\n\n11. Persons named in, signing, or acknowledging the document\n\nand persons named in, signing, or acknowledging another related\n\ndocument in a chain of title are identical, if the persons appear in\n\nthose conveyances under identical names, or under variants thereof,\n\nincluding inclusion, exclusion, or use of:\n\na. commonly recognized abbreviations, contractions,\n\ninitials, or colloquial or other equivalents,\n\nb. first or middle names or initials,\n\nc. simple transpositions that produce substantially\n\nsimilar pronunciations,\n\nd. articles or prepositions in names or titles,\n\ne. descriptions of entities as corporations, companies or\n\nabbreviations or contractions of either, or\n\nf. name suffixes, such as Senior or Junior, unless other\n\ninformation appears of record indicating that they are\n\ndifferent persons; and\n\n12. All other requirements for its execution, delivery, and\n\nvalidity have been satisfied.\n\nB. The presumptions stated in subsection A of this section\n\narise even if the document purports only to release a claim or\n\nconvey any right, title, or interest of the person executing it or\n\nthe person on whose behalf it is executed.\n\nC. If presumptions created by subsection A of this section are\n\ninconsistent, the presumption applies that is founded upon weightier\n\nconsiderations of policy. If considerations of policy are of equal\npurports only to release a claim or\n\nconvey any right, title, or interest of the person executing it or\n\nthe person on whose behalf it is executed.\n\nC. If presumptions created by subsection A of this section are\n\ninconsistent, the presumption applies that is founded upon weightier\n\nconsiderations of policy. If considerations of policy are of equal\n\nweight, neither presumption applies.","path":["OK Code","Title 16"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os16.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"dff84f98f3396ee5d4243ad3eea610d6b17eb9f1fad220d7ed903c50a0316128","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-16-16-5","next":"us-ok/okla.-stat.-tit.-16-16-54"},"notice":"GroundRules: Original legal text. Not legal advice."}