{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1412","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1412","heading":"Lien notice","body":"A. At any time after the institution of any civil proceeding or\n\nat any time after the filing of an indictment or information\n\npursuant to the provisions of the Oklahoma Racketeer-Influenced and\n\nCorrupt Organizations Act, the state may file a lien notice in the\n\nofficial records as may be required for perfecting a security\n\ninterest for any given property. A filing fee in the amount as\n\nrequired by law for the filing of a mechanic's or materialmen's lien\n\nshall be required as a condition for filing the lien notice, and the\n\ncounty clerk, upon the presentation of such lien notice, shall\n\nimmediately record it in the official records.\n\nB. The lien notice shall be signed by the Attorney General or\n\nby a district attorney. The notice shall be in such form as the\n\nAttorney General prescribes and shall set forth the following\n\ninformation:\n\n1. The name of the person against whom the proceeding has been\n\nbrought or who has been charged or indicted for a violation of this\n\nact and any other names under which the person may be known. The\n\nAttorney General or district attorney may also name in the lien\n\nnotice any enterprise that is either controlled by or entirely owned\n\nby the person;\n\n2. If known to the Attorney General or district attorney, the\n\npresent residence and business addresses of the persons named in the\n\nlien notice;\n\n3. A reference to the criminal or civil proceeding stating that\n\na proceeding pursuant to the provisions of the Oklahoma Racketeer-\n\nInfluenced and Corrupt Organizations Act has been brought against\n\nthe person named in the lien notice or that the person has been\n\ncharged or indicted for a violation of this act, the name of the\n\ncounty or counties where the proceeding has been brought or the\n\nconviction was made and any other lien notices filed, and, if known\n\nto the Attorney General or district attorney at the time of filing\n\nthe lien notice, the case number of the proceeding;\n\n4. A statement that the notice is being filed pursuant to the\n\nprovisions of the Oklahoma Racketeer-Influenced and Corrupt\n\nOrganizations Act; and\n\n5. The name and address of the Attorney General or the district\n\nattorney filing the lien notice.\n\nA lien notice shall apply only to one person and, to the extent\n\napplicable, the names of enterprises, to the extent permitted in\n\nthis section. A separate lien notice shall be filed for any other\n\nperson against whom the Attorney General or district attorney\n\ndesires to file a lien notice pursuant to the provisions of this\n\nsection.\n\nC. Within ten (10) days after filing of each lien notice, the\n\nAttorney General or district attorney shall furnish to the person\n\nnamed in the notice by certified mail, return receipt requested, to\n\nthe last-known business or residential address, a copy of the\n\nrecorded notice. In the event the person cannot be served by\n\ncertified mail, service may be by publication pursuant to Section\n\n2004 of Title 12 of the Oklahoma Statutes.\n\nD. From the time of its filing, a lien notice creates a lien in\n\nfavor of the state on the following property of the person named in\n\nthe notice:\n\n1. Any personal or real property owned by the person under any\n\nname set forth in the lien notice which is situated in the county\n\nwhere the notice is filed; and\n\n2. Any beneficial interest of said property owned by the person\n\nunder any name located in the county where the notice is filed.\n\nThe lien shall commence and attach as of the time of filing of\n\nthe lien notice and shall continue thereafter until expiration,\n\ntermination, or release of the lien. The lien created in favor of\n\nthe state shall be superior and prior to the interest of any other\n\nperson in the personal or real property or beneficial interest in\n\nsaid property, if the interest is acquired subsequent to the filing\n\nof the notice.\n\nE. In conjunction with any civil proceeding:\n\n1. The Attorney General or district attorney may file without\nion,\n\ntermination, or release of the lien. The lien created in favor of\n\nthe state shall be superior and prior to the interest of any other\n\nperson in the personal or real property or beneficial interest in\n\nsaid property, if the interest is acquired subsequent to the filing\n\nof the notice.\n\nE. In conjunction with any civil proceeding:\n\n1. The Attorney General or district attorney may file without\n\nprior court order in any county a lis pendens pursuant to the\n\nprovisions of the Oklahoma Racketeer-Influenced and Corrupt\n\nOrganizations Act. In that event, any person acquiring an interest\n\nin the subject real property or beneficial interest in it after the\n\nfiling of the lis pendens, shall take the interest subject to the\n\ncivil proceeding and any subsequent judgment of forfeiture; and\n\n2. If a lien notice has been filed, the Attorney General or\n\ndistrict attorney may name as defendants, in addition to the person\n\nnamed in the notice, any person acquiring an interest in the\n\npersonal or real property or beneficial interest in it subsequent to\n\nthe filing of the notice. If a judgment of forfeiture is entered in\n\nthe proceeding in favor of the state, the interest of any person in\n\nthe property that was acquired subsequent to the filing of the\n\nnotice and judgment of forfeiture shall be subject to the notice and\n\njudgment of forfeiture.\n\nF. Upon the entry of a final judgment of forfeiture in favor of\n\nthe state, the title to the forfeited real property shall be\n\ntransferred to the state and shall be recorded in the official\n\nrecords of the county where the real property or a beneficial\n\ninterest in it is located.\n\nIn the case of personal property or a beneficial interest in it,\n\nthe property shall be seized if not already in possession of the\n\nstate and disposed of in accordance with the Oklahoma Racketeer-\n\nInfluenced and Corrupt Organizations Act.\n\nG. If personal or real property or a beneficial interest in it\n\nsubject to forfeiture is conveyed, alienated, disposed of, or\n\notherwise rendered unavailable for forfeiture after the filing of a\n\nlien notice, the state may treat it as a fraudulent and preferential\n\nconveyance and may institute an action in any district court against\n\nthe person named in the lien notice, the defendant in the civil\n\nproceeding or the person convicted in the criminal proceeding; and\n\nthe court shall enter final judgment against such person or any\n\nbeneficial interest in it together with investigative costs and\n\nattorneys fees incurred by the state in the action. If a civil\n\nproceeding is pending, such action shall be filed only in the court\n\nwhere such civil proceeding is pending.\n\nH. The filing of a lien notice shall not affect the use to\n\nwhich personal or real property or a beneficial interest in it owned\n\nby the person named in the racketeering lien may be entitled to or\n\nthe right of the person to receive any avails, rents, or other\n\nproceeds resulting from the use and ownership of the property,\n\nexcept for the conveyance of said property, until a judgment of\n\nforfeiture is entered.\n\nI. The term of a lien notice shall be for a period of six (6)\n\nyears from the date of filing unless a renewal lien notice has been\n\nfiled by the Attorney General or district attorney. In this event,\n\nthe term of the renewal lien notice shall be for a period of six (6)\n\nyears from the date of its filing. The Attorney General or district\n\nattorney shall be entitled to only one renewal of the lien notice.\n\nJ. The Attorney General or district attorney filing the lien\n\nnotice may release in whole or in part any lien notice or may\n\nrelease any personal or real property or beneficial interest in it\n\nfrom the lien notice upon such terms and conditions as the Attorney\n\nGeneral or district attorney may determine. Any release of a lien\n\nnotice executed by the Attorney General or district attorney may be\n\nfiled in the official records of any county. No charge or fee shall\nice may release in whole or in part any lien notice or may\n\nrelease any personal or real property or beneficial interest in it\n\nfrom the lien notice upon such terms and conditions as the Attorney\n\nGeneral or district attorney may determine. Any release of a lien\n\nnotice executed by the Attorney General or district attorney may be\n\nfiled in the official records of any county. No charge or fee shall\n\nbe imposed for the filing of any release of a lien notice.\n\nK. If no civil proceeding has been instituted by the Attorney\n\nGeneral or district attorney seeking a forfeiture of any property\n\nowned by the person named in the lien notice, the acquittal in the\n\ncriminal proceeding of the person named in the lien notice or the\n\ndismissal of the criminal proceeding, shall terminate the lien\n\nnotice. If the civil proceeding has been instituted, in the event\n\nthe criminal proceeding has been dismissed or the person named in\n\nthe lien notice has been acquitted in the criminal proceeding, the\n\nlien notice shall continue for the duration of the civil proceeding.\n\nL. If no civil proceeding or criminal proceeding is then\n\npending against the person named in the lien notice, any person\n\nnamed in a lien notice may apply to the district court in the county\n\nwhere the notice has been filed for the release or extinguishment of\n\nthe notice and the district court shall enter a judgment\n\nextinguishing the lien notice or releasing the personal or real\n\nproperty or beneficial interest in it from the lien notice.\n\nM. In the event a civil proceeding is pending against a person\n\nnamed in a lien notice, the district court upon motion by the person\n\nmay grant the relief provided for in this section at a hearing held\n\nfor that purpose:\n\n1. If a sale of the personal or real property or beneficial\n\ninterest in it is pending and the filing of the notice prevents the\n\nsale of the property or interest, the district court shall\n\nimmediately enter its order releasing from the lien notice any\n\nspecific personal or real property or beneficial interest in it.\n\nThe proceeds resulting from the sale of the personal or real\n\nproperty or beneficial interest in it shall be deposited with the\n\nclerk of the district court, subject to the further order of the\n\ndistrict court; and\n\n2. At the hearing, the district court may release from the lien\n\nnotice any personal or real property or beneficial interest in it\n\nupon the posting by such person of such security as is equal to the\n\nvalue of the personal or real property or beneficial interest in it\n\nowned by such person.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"0382ef51096e0d10922f4cc0c63cebaa7a1e25556df26e599f088f621d48def9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1411","next":"us-ok/okla.-stat.-tit.-22-22-1413"},"notice":"GroundRules: Original legal text. Not legal advice."}