{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-5008","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-5008","heading":"Release of mortgage affidavit","body":"A. As used in this section:\n\n1. \"Mortgage\" means a contract lien on an interest in real\n\nproperty;\n\n2. \"Mortgagee\" means:\n\na. the grantee of a mortgage,\n\nb. if a mortgage has been assigned of record, the last\n\nperson or entity to whom the mortgage or judgment lien\n\nhas been assigned of record, or\n\nc. if a mortgage is serviced by a mortgage servicer, the\n\nmortgage servicer;\n\n3. \"Mortgage servicer\" means the last person or entity to whom\n\na mortgagor has been instructed by a mortgagee to send payments for\n\nthe loan secured by a mortgage or judgment lien. A person or entity\n\ntransmitting a payoff statement is considered the mortgage servicer\n\nfor the mortgage or judgment lien described in the payoff statement;\n\n4. \"Mortgagor\" means the grantor of a mortgage;\n\n5. \"Payoff statement\" means a statement of the amount of:\n\na. the unpaid balance of a loan secured by a mortgage or\n\njudgment lien, including principal, interest, and\n\nother charges properly assessed under the loan\n\ndocumentation of the mortgage or judgment lien, and\n\nb. interest on a per diem basis for the unpaid balance;\n\nand\n\n6. \"Title insurance company\" means a corporation or other\n\nbusiness entity authorized and licensed to transact business of\n\ninsuring titles to interests in real property in this state.\n\nB. This section applies only to a mortgage or judgment lien on\n\nall real property including commercial or agriculture or a one- to\n\nfour-family residence, including a residential unit in a condominium\n\nregime.\n\nC. If a mortgagee or judgment lienholder fails to execute and\n\ndeliver a release of mortgage or judgment lien to the mortgagor or\n\ndesignated agent of the mortgagor within sixty (60) days after the\n\ndate of receipt of payment of the mortgage by the mortgagee or\n\njudgment lienholder in accordance with a payoff statement furnished\n\nby the mortgagee or judgment lienholder or its mortgage servicer, an\n\nauthorized officer of a title insurance company or a duly appointed\n\nagent of the title insurance company, on behalf of the mortgagor or\n\na transferee of the mortgagor who acquired title to the property\n\ndescribed in the mortgage, may execute and record an affidavit in\n\nthe real property records of each county in which the mortgage or\n\njudgment lien was recorded. The written signature of the agent of\n\nthe title insurance company or attorney shall appear on the\n\naffidavit. An authorized officer of a title insurance company or a\n\nduly appointed agent of the title insurance company shall not\n\nrequire a mortgagor or a judgment debtor to pay a fee associated\n\nwith the affidavit referenced in this subsection.\n\nD. An affidavit executed under this section shall state that:\n\n1. The affiant is an authorized officer or a duly appointed\n\nagent of a title insurance company;\n\n2. The affidavit is made on behalf of the mortgagor or a\n\ntransferee of the mortgagor who acquired title to the property\n\ndescribed in the mortgage;\n\n3. The mortgagee or judgment lienholder provided a payoff\n\nstatement with respect to the loan secured by the mortgage or\n\njudgment lien;\n\n4. The affiant has ascertained that the mortgagee or judgment\n\nlienholder has received payment of the loan secured by the mortgage\n\nor judgment lien in accordance with the payoff statement, as\n\nevidenced by:\n\na. a bank check, certified check, cashier's check, escrow\n\naccount check from the title company or title\n\ninsurance agent or attorney trust account check that\n\nhas been negotiated by the mortgagee or judgment\n\nlienholder,\n\nb. wire transfer, or\n\nc. another documentary evidence of the receipt of payment\n\nby the mortgagee or judgment lienholder;\n\n5. More than sixty (60) days have elapsed since the date\n\npayment was received by the mortgagee or judgment lienholder;\n\n6. The title insurance company or its duly appointed agent has\n\ngiven the mortgagee or judgment lienholder at least fifteen (15)\n. another documentary evidence of the receipt of payment\n\nby the mortgagee or judgment lienholder;\n\n5. More than sixty (60) days have elapsed since the date\n\npayment was received by the mortgagee or judgment lienholder;\n\n6. The title insurance company or its duly appointed agent has\n\ngiven the mortgagee or judgment lienholder at least fifteen (15)\n\ndays' notice in writing by certified mail, return receipt requested,\n\nof its intention to execute and record an affidavit in accordance\n\nwith this section, with a copy of the proposed affidavit attached to\n\nthe written notice; and\n\n7. The mortgagee or judgment lienholder has not responded in\n\nwriting to the notification at least fifteen (15) days before the\n\naffidavit is recorded.\n\nE. The affidavit must include the names of the mortgagor and\n\nthe mortgagee or judgment lienholder, the date of the mortgage, the\n\nlegal description of the property, and the book and page or clerk's\n\ndocument number of the real property records where the mortgage or\n\nlien and/or modification is recorded, together with similar\n\ninformation for a recorded assignment of the mortgage or judgment\n\nlien.\n\nF. The affiant shall attach to the affidavit a photostatic\n\ncopy, certified by the affiant as a true copy of the original\n\ndocument, of:\n\n1. The documentary evidence that payment has been received by\n\nthe mortgagee or judgment lienholder, including the endorsement of\n\nthe mortgagee or judgment lienholder of a negotiated check if paid\n\nby check or proof of a wire transfer if paid by wire. The bank\n\naccount number and routing number on the check or proof of wire\n\ntransfer may be redacted by the filer; and\n\n2. The payoff statement.\n\nG. An affidavit that is executed and recorded as provided by\n\nthis section shall operate as a release of the mortgage or judgment\n\nlien described in the affidavit.\n\nH. The county clerk shall index the affidavit against the real\n\nproperty described in the mortgage or judgment lien and the\n\naffidavit.\n\nI. A person who knowingly causes an affidavit with false\n\ninformation to be executed and recorded under this section is liable\n\nfor the penalties for filing a false affidavit, including the\n\npenalties for commission of offenses pursuant to the appropriate\n\nsection of the penal code, and to a party injured by the affidavit\n\nfor actual damages of Five Thousand Dollars ($5,000.00), whichever\n\nis greater. The Attorney General may sue to collect the penalty.\n\nIf the Attorney General or an injured party bringing suit\n\nsubstantially prevails in an action under this subsection, the court\n\nmay award reasonable attorney fees and court costs to the prevailing\n\nparty.\n\nJ. Nothing provided for in this section shall preclude the\n\nmortgagor from availing itself of the remedies provided for in\n\nSection 15 of Title 46 of the Oklahoma Statutes which provides for\n\npenalties against the mortgagee or judgment lienholder for failure\n\nto release a mortgage or judgment lien pursuant to the payment in\n\nfull and request for release on behalf of the mortgagor.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a731712b439e3f2e701027a015af609617b802e79e51c7ea7823873b2e7b9c87","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-5007","next":"us-ok/okla.-stat.-tit.-36-36-5101"},"notice":"GroundRules: Original legal text. Not legal advice."}