Okla. Stat. tit. 42, § 42-151 — OK Code / Title 42 / Section 42-151
Lightning rods not included herein
Status: in_force

The erecting and constructing of a lightning rod or rods on any

buildings shall not be considered such an improvement fixture or

attachment, as to come under the provisions of this chapter.

R.L. 1910, § 3880.
Okla. Stat. tit. 42, § 42-91A — OK Code / Title 42 / Section 42-91A
Lien on certain personal property for service thereon -
Status: in_force

Certificate of title - Foreclosure - Notice - Purchaser - Unpaid

checks – Repossession.

A. 1. a. This section applies to all types of personal property

other than:

(1) farm equipment as defined in Section 91.2 of this

title, and

(2) “Section 91 Personal Property” as defined in

Section 91 of this title.

b. This section applies to any vehicle, all-terrain

vehicle, utility vehicle, manufactured home,

motorcycle, boat, outboard motor, or trailer that is

excluded from coverage under subsection A of Section

91 of this title because the personal property:

(1) does not have a certificate of title,

(2) has a certificate of title but does not have an

active lien recorded on the certificate of title,

(3) has a certificate of title that is not issued by

Service Oklahoma or by a federally recognized

Indian tribe in the State of Oklahoma, or

(4) is otherwise excluded by subparagraph b of

paragraph 1 of subsection A of Section 91 of this

title or subsection D of Section 91 of this

title.

c. If personal property has a certificate of title, or

would be required to have a certificate of title under

Oklahoma law, and is apparently covered both by this

section and by Sections 191 through 200 of this title,

the procedures set out in this section shall apply

instead of Sections 191 through 200 of this title. If

personal property without a certificate of title and

not required to be titled under Oklahoma law is

covered both by this section and Sections 191 through

200 of this title, the procedures set out in Sections

191 through 200 of this title shall apply instead of

this section.

2. a. Any person who, while lawfully in possession of an

article of personal property to which this section

applies, renders any service to the owner thereof by

furnishing storage, rental space, material, labor or

skill for the protection, improvement, safekeeping,

towing, right to occupy space, storage or carriage

thereof, has a special lien thereon, dependent on

possession, for the compensation, if any, which is due

to such person from the owner for such service.

Charges owed under a contract primarily for the

purpose of storage or rental of space shall be accrued

Oklahoma Statutes - Title 42. Liens Page 26

only at the regular periodic rate for storage or

rental as provided in the contract, adjusted for

partial periods of storage or rental.

b. Except for Class AA licensed wrecker towing charges,

the special lien shall be subordinate to any perfected

security interest unless the claimant complies with

the requirements of this section. Failure to comply

with any requirements of this section shall result in

denial of any title application and cause the special

lien to be subordinate to any perfected lien. Upon

such denial, the applicant shall be entitled to one

resubmission of the title application within thirty

(30) business days of receipt of the denial, and

proceed to comply with the requirements of this

section. In the event of a denial, the Notice of

Possessory Lien and the Notice of Sale may be mailed

on the same day in separate envelopes and storage

charges shall only be charged from the date of

resubmission; however, before a Notice of Sale is to

be mailed, the personal property must have been

possessed by the possessory lien claimant for at least

twenty-one (21) days. Furthermore, if the denial was

due to error by the party submitting the title

application, then no additional fee for the

resubmission shall be charged to the property owner.

“Failure to comply” includes, but is not limited to:

(1) failure to timely provide additional

documentation supporting or verifying any entry

on submitted forms as requested by Service

Oklahoma,

(2) failure to provide the documentation supporting

lawful possession as outlined in paragraph 3 of

subsection H of this section,

(3) claimant being other than the individual who

provided the service giving rise to the special

lien, as in subparagraph a of this paragraph,

(4) claimant not being in possession of the vehicle,

or

(5) notification and proceedings not accomplished in

accordance with subparagraph c of this paragraph,

and paragraph 3 of this subsection.

c. Any person claiming a lien under this section shall

request, within five (5) business days of performing

any service or work on the property, Service Oklahoma

or other appropriate license agency to furnish the

name and address of the current owner of and any

lienholder upon the property. Service Oklahoma or an

Oklahoma Statutes - Title 42. Liens Page 27

appropriate license agency shall respond in person or

by mail to the lien claimant within ten (10) business

days of the receipt of the request for information.

Service Oklahoma shall render assistance to ascertain

ownership, if needed. The lien claimant shall send,

within seven (7) business days of receipt of the

requested information from Service Oklahoma or other

license agency, a notice of the location of the

property by certified mail with return receipt

requested, postage prepaid, to the owner and any

lienholder of the vehicle at the addresses furnished.

The lien claimant may charge not more than Fifty

Dollars ($50.00) for processing plus the cost of

postage if the notice is timely sent pursuant to the

requirements of this subparagraph in addition to fees

regulated by the Corporation Commission for licensed

wreckers. If the lien claimant is unable to meet the

time requirements due to a lack of or an altered

vehicle identification number on the property, the

lien claimant shall proceed diligently to obtain the

proper vehicle identification number and shall meet

the time requirements on the notice once the vehicle

identification number is known. If the lien claimant

is required to send additional notices because of

change of ownership or lienholder after it has timely

complied with the requirements of this subparagraph,

the lien claimant shall remain in compliance if such

additional notices are sent within the required time

periods from the date of discovery of the new owners

or lienholders. The notice shall be in writing and

shall contain, but not be limited to, the following:

(1) a statement that the notice is a Notice of

Possessory Lien,

(2) the complete legal name, physical and mailing

address, and telephone number of the claimant,

(3) the complete legal name, physical and mailing

address of the person who requested that the

claimant render service to the owner by

furnishing material, labor or skill, storage, or

rental space, or the date the property was

abandoned if the claimant did not render any

other service,

(4) a description of the article of personal

property, and the complete physical and mailing

address of the location of the article of

personal property,

Oklahoma Statutes - Title 42. Liens Page 28

(5) the nature of the work, labor or service

performed, material furnished, or the storage or

rental arrangement, and the date thereof, and

written proof of authority to perform the work,

labor or service provided that, in the case of a

law enforcement directed tow, the logbook entry

prescribed in OAC 595:25-5-5 or the tow ticket as

defined by the Corporation Commission shall serve

as written proof of authority,

(6) the signature of the claimant which shall be

notarized and, if applicable, the signature of

the claimant’s attorney. If the claimant is a

business, the name of the contact person

representing the business shall be shown. In

place of an original signature and notary seal, a

digital or electronic signature or seal shall be

accepted, and

(7) an itemized statement describing the date or

dates the labor or services were performed and

material furnished and the charges claimed for

each item, the totals of which shall equal the

total compensation claimed.

The lien claimant shall not be required to send the

notice required in this subparagraph if the property

is released to an interested party before the notice

is mailed and no additional charges or fees continue

to accrue. If a law enforcement agency has the

property towed to a law enforcement facility, the

person claiming a lien under this section shall not be

required to send notice until the property is released

by law enforcement to the claimant or the date which

claimant starts charging storage, whichever is

earlier. A lien claimant shall have an extension of

ten (10) business days to send the notice required in

this subparagraph if a state of emergency has been

declared in the county in which the property is

located.

d. Subparagraphs b and c of this paragraph shall not

apply to salvage pools as defined in Section 591.2 of

Title 47 of the Oklahoma Statutes.

3. The lien may be foreclosed by a sale of such personal

property upon the notice and in the manner following: The notice

shall be in writing and shall contain, but not be limited to:

a. the names of the owner and any other known party or

parties who may claim any interest in the property,

b. a description of the property to be sold, including a

visual inspection or a photograph if the property is a

Oklahoma Statutes - Title 42. Liens Page 29

motor vehicle, and the physical location of the

property,

c. the nature of the work, labor or service performed,

material furnished, or the storage or rental

arrangement, and the date thereof, and written proof

of authority to perform the work, labor or service

provided. In the case of a law enforcement directed

tow, the logbook entry prescribed in OAC 595:25-5-5 or

the tow ticket as defined by the Corporation

Commission, shall serve as written proof of authority,

d. the time and place of sale,

e. the name, telephone number, physical address and

mailing address of the claimant, and agent or

attorney, if any, foreclosing such lien. If the

claimant is a business, then the name of the contact

person representing the business must be shown. In

place of an original signature and notary seal, a

digital or electronic signature or seal shall be

accepted, and

f. itemized charges which shall equal the total

compensation claimed.

4. a. Such Notice of Sale shall be posted in two public

places in the county where the property is to be sold

at least ten (10) days before the time therein

specified for such sale, and a copy of the notice

shall be mailed to the owner and any other party

claiming any interest in the property, if known, at

their last-known post office address, by certified

mail, return receipt requested, at least ten (10) days

before the time therein specified for such sale. If

the item of personal property is a manufactured home,

notice shall also be sent by certified mail to the

county treasurer and to the county assessor of the

county where the manufactured home is located.

b. In the case of any item of personal property without a

certificate of title and not required to be titled

under Oklahoma law, a party who claims any interest in

the property shall include all owners of the property;

any secured party who has an active financing

statement on file with the county clerk of Oklahoma

County listing one or more owners of the property by

legal name as debtors and indicating a collateral

description that would include the property; and any

other person having any interest in the personal

property, of whom the claimant has actual notice.

c. In the case of personal property subject to this

section for which a certificate of title has been

Oklahoma Statutes - Title 42. Liens Page 30

issued by any jurisdiction, a party who claims any

interest in the property shall include all owners of

the article of personal property as indicated by the

certificate of title; lien debtors, if any, other than

the owners; any lienholder whose lien is noted on the

face of the certificate of title; and any other person

having any interest in the article of personal

property, of whom the claimant has actual notice.

d. When the jurisdiction of titling for a vehicle, all-

terrain vehicle, motorcycle, boat, outboard motor, or

trailer that is five (5) model years old or newer, or

a manufactured home that is fifteen (15) model years

old or newer, cannot be determined by ordinary means,

the claimant, the agent of the claimant, or the

attorney of the claimant, shall request, in writing,

that Service Oklahoma ascertain the jurisdiction where

the vehicle or manufactured home is titled. Service

Oklahoma shall, within fourteen (14) days from the

date the request is received, provide information as

to the jurisdiction where the personal property is

titled. If Service Oklahoma is unable to provide the

information, it shall provide notice that the record

is not available.

e. When personal property is of a type that Oklahoma law

requires to be titled, the owner of record of that

property is unknown, and the jurisdiction of titling

and owner of record cannot be determined by ordinary

means and also, if applicable, cannot be determined in

accordance with the preceding subparagraph, then the

special lien may be foreclosed by publication of a

legal notice in a legal newspaper in the county where

the personal property is located, as defined in

Section 106 of Title 25 of the Oklahoma Statutes.

Such notice shall include the description of the

property by year, make, vehicle identification number

if available from the property, the name of the

individual who may be contacted for information, and

the telephone number of that person or the address

where the vehicle is located. The legal notice shall

be published once per week for three (3) consecutive

weeks. As soon as circumstances exist as described in

the first sentence of this subparagraph, the first

date of publication may occur even if the special lien

has not accrued for over thirty (30) days. The first

date available for public sale of the vehicle is the

day following publication of the final notice, but no

fewer than thirty (30) days after the lien has

Oklahoma Statutes - Title 42. Liens Page 31

accrued. When the owner of record is unknown, the

Notice of Sale nevertheless must be completed and

mailed to any known interested party by certified

mail. For purposes of this paragraph, interested

parties shall include all persons described in

subparagraph b or subparagraph c of this paragraph,

whichever is applicable, with the exception of any

owner who is unknown. Except in circumstances

described in paragraph 7 of this subsection that

provide for a shorter time period, the Notice of Sale

shall be posted in two public places in the county

where the property is to be sold at least ten (10)

days before the time therein specified for such sale,

and the Notice of Sale shall not be mailed until at

least thirty (30) days after the lien has accrued.

5. The lienor or any other person may in good faith become a

purchaser of the property sold.

6. Proceedings for foreclosure under this act shall commence in

twenty (20) days after the lien has accrued, except as provided

elsewhere in Oklahoma law.

7. Notwithstanding any other provision of law, proceedings for

foreclosures for the storage of junk vehicles towed and stored

pursuant to Section 955 of Title 47 of the Oklahoma Statutes by

Class AA wreckers listed with the Motor Vehicle Division of the

Department of Public Safety, may be commenced five (5) days after

the lien has accrued. For purposes of this paragraph, “junk

vehicles” means any vehicle that is more than ten (10) years old if

the cost of a comparable vehicle would be less than Three Hundred

Dollars ($300.00) as quoted in the latest edition of the National

Automobile Dealers Association Official Used Car Guide or latest

monthly edition of any other nationally recognized published

guidebook, adjusting to the condition of the vehicle.

B. 1. a. Any person who is induced by means of a check or other

form of written order for immediate payment of money

to deliver up possession of an article of personal

property on which the person has a special lien

created by subsection A of this section, which check

or other written order is dishonored, or is not paid

when presented, shall have a lien for the amount

thereof upon the personal property.

b. The person claiming such lien shall, within thirty

(30) days from the date of dishonor of the check or

other written order for payment of money, file in the

office of the county clerk of the county in which the

property is situated a sworn statement that:

(1) the check or other written order for immediate

payment of money, copy thereof being attached,

Oklahoma Statutes - Title 42. Liens Page 32

was received for labor, material or supplies for

producing or repairing an article of personal

property, or for other specific property-related

services covered by this section,

(2) the check or other written order was not paid,

and

(3) the uttering of the check or other written order

constituted the means for inducing the person,

one possessed of a special lien created by

subsection A of this section upon the described

article of personal property, to deliver up the

article of personal property.

2. a. Any person who renders service to the owner of an

article of personal property by furnishing storage,

rental space, material, labor, or skill for the

protection, improvement, safekeeping, towing, right to

occupy space, storage, or carriage thereof shall have

a special lien on such property pursuant to this

section if such property is removed from the person’s

possession, without such person’s written consent or

without payment for such service.

b. The person claiming such lien shall, within five (5)

days of such nonauthorized removal, file in the office

of the county clerk of the county in which the

property is located, a sworn statement including:

(1) that services were rendered on or in relation to

the article of personal property by the person

claiming such lien,

(2) that the property was in the possession of the

person claiming the lien but such property was

removed without his or her written consent,

(3) an identifying description of the article of

personal property on or in relation to which the

service was rendered, and

(4) that the debt for the services rendered on or in

relation to the article of personal property was

not paid. Provided, if the unpaid total amount

of the debt for services rendered on or in

relation to the article of personal property is

unknown, an approximated amount of the debt due

and owing shall be included in the sworn

statement but such approximated debt may be

amended within thirty (30) days of such filing to

reflect the actual amount of the debt due and

owing.

3. The enforcement of the lien shall be within sixty (60) days

after filing the lien in the manner provided by law for enforcing

Oklahoma Statutes - Title 42. Liens Page 33

the lien of a security agreement and provided that the lien shall

not affect the rights of innocent, intervening purchasers without

notice.

C. If the person who renders service to the owner of an article

of personal property to which this section applies relinquishes or

loses possession of the article due to circumstances described in

subparagraph a of paragraph 1 or subparagraph a of paragraph 2 of

subsection B of this section, the person claiming the lien shall be

entitled to possession of the article until the amount due is paid,

unless the article is possessed by a person who became a bona fide

purchaser. Entitlement to possession shall be in accordance with

the following:

1. The claimant may take possession of an article pursuant to

this subsection only if the person obligated under the contract for

services has signed an acknowledgment of receipt of a notice that

the article may be subject to repossession. The notice and

acknowledgment pursuant to this subsection shall be:

a. in writing and separate from the written contract for

services, or

b. printed on the written contract for services, credit

agreement or other document which displays the notice

in bold-faced, capitalized and underlined type, or is

separated from surrounding written material so as to

be conspicuous with a separate signature line;

2. The claimant may require the person obligated under the

contract for services to pay the costs of repossession as a

condition for reclaiming the article only to the extent of the

reasonable fair market value of the services required to take

possession of the article;

3. The claimant shall not transfer to a third party or to a

person who performs repossession services, a check, money order, or

credit card transaction that is received as payment for services

with respect to an article and that is returned to the claimant

because of insufficient funds or no funds, because the person

writing the check, issuing the money order, or credit cardholder has

no account or because the check, money order, or credit card account

has been closed. A person violating this paragraph shall be guilty

of a misdemeanor; and

4. An article that is repossessed pursuant to this subsection

shall be promptly delivered to the location where the services were

performed. The article shall remain at the services location at all

times until the article is lawfully returned to the record owner or

a lienholder or is disposed of pursuant to this section.

D. 1. This section applies if a vehicle, all-terrain vehicle,

manufactured home, motorcycle, boat, outboard motor, or trailer has

a certificate of title issued by Service Oklahoma or by a federally

Oklahoma Statutes - Title 42. Liens Page 34

recognized Indian tribe in Oklahoma, but there is no active lien

recorded on the certificate of title.

2. This section applies if a vehicle, all-terrain vehicle,

utility vehicle, motorcycle, boat, outboard motor or trailer has a

certificate of title issued by Service Oklahoma or by a federally

recognized Indian tribe in Oklahoma, and there is an active lien

recorded on the certificate of title, but the lien is over fifteen

(15) years old.

3. This section applies if personal property to which Section

91 of this title otherwise would apply has been registered by

Service Oklahoma or by a federally recognized Indian tribe in the

State of Oklahoma, and there is a lien of record but no certificate

of title has been issued.

4. This section applies if personal property to which Section

91 of this title otherwise would apply has not been registered by

either Service Oklahoma or a federally recognized Indian tribe in

the State of Oklahoma, and no certificate of title has been issued,

but there is a lien of record.

5. This section applies to personal property that otherwise

would be covered by Section 91 of this title, except that the

services were rendered or the property was abandoned prior to

November 1, 2005.

6. This section applies to a vehicle, all-terrain vehicle,

utility vehicle, manufactured home, motorcycle, boat, outboard

motor, or trailer for which ownership cannot be determined by

ordinary means or by Service Oklahoma Motor Vehicle Division, as

provided in subparagraphs d and e of paragraph 4 of subsection A of

this section, as applicable.

7. This section applies to items of personal property that are

not required by Oklahoma law to be titled, and that do not have a

certificate of title.

8. This section applies to salvage pools as defined in Section

591.2 of Title 47 of the Oklahoma Statutes.

9. This section applies to class AA licensed wrecker services

taking possession of a vehicle pursuant to an agreement with, or at

the direction of, or dispatched by a state or local law enforcement

or government agency, or pursuant to the abandoned vehicle removal

provisions of Section 954A of Title 47 of the Oklahoma Statutes with

respect to all types of personal property, regardless of whether

that personal property has a certificate of title.

10. For a vehicle abandoned at a salvage pool, if the cost of

repairing the vehicle for safe operation on the highway does not

exceed sixty percent (60%) of the fair market value of the vehicle

as defined in Section 1111 of Title 47 of the Oklahoma Statutes, a

salvage title shall not be required.

E. A person who knowingly makes a false statement of a material

fact regarding the furnishing of storage, rental space, material,

Oklahoma Statutes - Title 42. Liens Page 35

labor or skill for the protection, improvement, safekeeping, towing,

right to occupy space, storage or carriage thereof in a proceeding

under this section, or attempts to use or uses the provisions of

this section to foreclose an owner or lienholder’s interest in a

vehicle knowing that any of the statements made in the proceeding

are false, upon conviction, shall be guilty of a felony.

F. Upon receipt of notice of legal proceedings, Service

Oklahoma shall cause the sale process to be put on hold until notice

of resolution of court proceedings is received from the court. If

such notice of commencement of court proceedings is not filed with

Service Oklahoma, the possessory lien sale process may continue.

G. No possessory lien sale shall be held on a Sunday.

H. For purposes of this section:

1. “Possession” includes actual possession and constructive

possession;

2. “Constructive possession” means possession by a person who,

although not in actual possession, does not have an intention to

abandon property, knowingly has both power and the intention at a

given time to exercise dominion or control over the property, and

who holds claim to such thing by virtue of some legal right;

3. “Lawfully in possession” means a person has documentation

from the owner or the owner’s authorized agent, or an insurance

company or its authorized agent, authorizing the furnishing of

material, labor or storage, or that the property was authorized to

be towed to a repair facility.

Class AA wrecker services taking possession of a vehicle

pursuant to an agreement with, or at the direction of, or dispatched

by, a state or local law enforcement or government agency, or

pursuant to the abandoned vehicle removal provisions of Section 954A

of Title 47 of the Oklahoma Statutes, shall be considered lawfully

in possession of the vehicle. If the person lacks such

documentation, the procedures established by this section shall not

apply; and

4. “Itemized charges” means total parts, total labor, total

towing fees, total storage fees, total processing fees and totals of

any other fee groups, the sum total of which shall equal the

compensation claimed.

I. For purposes of this section, the United States Postal

Service approved electronic equivalent of proof of return receipt

requested Form 3811 shall satisfy return receipt requested

documentation requirements.

J. If a person claiming a special lien pursuant to this section

fails to comply with any of the requirements of this section, any

interested party may proceed against the person claiming such lien

for all damages arising therefrom, including conversion, if the

article of personal property has been sold. If the notice or

notices required by this section shall be shown to be knowingly

Oklahoma Statutes - Title 42. Liens Page 36

false or fraudulent, the interested party shall be entitled to

treble damages. The prevailing party shall be entitled to all

costs, including reasonable attorney fees.

K. Any interested party shall be permitted to visually inspect

and verify the services rendered by the claimant prior to the sale

of the article of property during normal business hours. If the

claimant fails to allow any interested party to inspect the

property, the interested party shall mail a request for inspection

by certified mail, return receipt requested, to the claimant.

Within three (3) business days of receipt of the request for

inspection, the claimant shall mail a photograph of the property, by

certified mail, return receipt requested, and a date of inspection

within five (5) business days from the date of the notice to

inspect. The lienholder shall be allowed to retrieve the property

without being required to bring the title into the lienholder’s

name, if the lienholder provides proof it is a lienholder and any

payment due the claimant for lawful charges where the claimant has

complied with this section. Upon the release of personal property

to an insurer or representative of the insurer, wrecker operators

shall be exempt from all liability and shall be held harmless for

any losses or claims of loss. In the event any law enforcement

agency places a hold on the property, the party wanting to inspect

or photograph the property shall obtain permission from the law

enforcement agency that placed the hold on the property before

inspecting or photographing.

L. This section shall apply to all actions or proceedings that

commence on or after August 22, 2014.
Okla. Stat. tit. 42, § 42-144.1 — OK Code / Title 42 / Section 42-144.1
Effectiveness of lien against purchaser - Delivery of
Status: in_force

copy of statement of lien.

No lien claimed by virtue of this act, insofar as it may extend

to the proceeds from the sale of oil or gas produced from such

lease, shall be effective against any purchaser of such oil or gas

until a copy of the statement of lien claim required to be filed by

the provisions of this chapter has been delivered to such purchaser

by registered or certified mail.
Okla. Stat. tit. 42, § 42-197 — OK Code / Title 42 / Section 42-197
Priority - Enforcement - Notice - Sale of property
Status: in_force

A. An owner's lien as provided for a claim which has become due

may be satisfied as provided by this section. The possessory lien

Oklahoma Statutes - Title 42. Liens Page 64

authorized by this section shall be prior to any previously

perfected security interest in the personal property pursuant to

Section 1-9-333 of Title 12A of the Oklahoma Statutes.

B. No enforcement action shall be taken by the owner until the

occupant has been in default continuously for a period of thirty

(30) days. As used in this subsection, "enforcement action" shall

not include actions of the owner taken pursuant to Section 195 of

this title.

C. After the occupant has been in default continuously for a

period of thirty (30) days, the owner may begin enforcement action

if the occupant has been notified in writing. Said notice shall be

delivered in person or sent by verified mail to the last-known

address of the occupant or, if mutually agreed between the owner and

occupant in the rental agreement or in an addendum to the rental

agreement, by electronic mail. Any lienholder with an interest in

the property to be sold or otherwise disposed of, of whom the owner

has actual knowledge, shall be included in the notice process via

verified mail. If the occupant provides his or her electronic mail

address for purposes of receiving notices pursuant to this

subsection, the rental agreement or addendum to the rental agreement

must provide space for the occupant to give the name and electronic

mail address of another person to whom the notice may be sent.

Failure of an occupant to give the name and electronic mail address

of another person shall not affect an owner's rights or remedies

under this title or under any other provision of law. The other

person, if any, does not have any rights to access the occupant's

space or to the personal property stored in the occupant's space

unless expressly stated otherwise in the rental agreement or

addendum to the rental agreement.

D. The notice shall include:

1. An itemized statement of the owner's claim showing the sum

due at the time of the notice and the date when the sum became due;

2. A brief and general description of the personal property

subject to the lien. The description shall be reasonably adequate

to permit the person notified to identify such property, except that

any container including, but not limited to, a trunk, valise, or box

that is locked, fastened, sealed, or tied in a manner which deters

immediate access to its contents may be described as such without

describing its contents;

3. A notification of denial of access to the personal property,

if such denial is permitted under the terms of the rental agreement,

which notification shall provide the name, street address, and

telephone number of the owner or his designated agent whom the

occupant may contact to respond to such notification;

4. A demand for payment within a specified time not less than

fifteen (15) days after delivery of the notice; and

Oklahoma Statutes - Title 42. Liens Page 65

5. A conspicuous statement that, unless the claim is paid

within the time stated in the notice, the personal property will be

advertised for sale or other disposition and will be sold or

otherwise disposed of at a specified time and place.

E. Any notice made pursuant to this section by verified mail

shall be presumed delivered when it is deposited with the United

States Postal Service or a private delivery service and properly

addressed with postage prepaid. Any electronic mail notice made

pursuant to this section shall be presumed delivered when it is sent

and properly addressed and does not return as unavailable. If an

electronic mail is returned as unavailable, notice shall be given by

verified mail.

F. After the expiration of the time given in the notice, an

advertisement of the sale or other disposition shall be published

once in a newspaper of general circulation in the county where the

self-service storage facility is located.

G. The advertisement prescribed by subsection F of this section

shall include:

1. A brief and general description of the personal property

reasonably adequate to permit its identification as provided in

paragraph 2 of subsection D of this section, the address of the

self-service storage facility and the number, if any, of the space

where the personal property is located, and the name of the occupant

and his last-known address; or

2. The time, place, and manner of the sale or other

disposition. The sale or other disposition shall take place not

sooner than fifteen (15) days after the publication.

If there is no newspaper of general circulation in the county

where the self-service storage facility is located, the

advertisement shall be posted at least ten (10) days before the date

of the sale or other disposition in not less than six conspicuous

places in the neighborhood where the self-service storage facility

is located and published one time in a legal newspaper in an

adjoining county of this state, which newspaper has general

circulation in the county or political subdivision in which such

notice is required.

H. Any sale or other disposition of the personal property shall

conform to the terms of the notification as provided for in this

section.

I. Any sale or other disposition of the personal property shall

be held online, at the self-service storage facility or at the

nearest suitable place to where the personal property is held or

stored.

J. Before any sale or other disposition of personal property

pursuant to this section, the occupant may pay the amount necessary

to satisfy the lien and the reasonable expenses incurred under this

section and thereby redeem the personal property. Upon receipt of

Oklahoma Statutes - Title 42. Liens Page 66

such payment, the owner shall return the personal property, and

thereafter the owner shall have no liability to any person with

respect to such personal property.

K. A purchaser in good faith of the personal property sold to

satisfy a lien as provided in this act takes the property free of

any rights of persons against whom the lien was valid and free of

any rights of a secured creditor, despite noncompliance by the owner

with the requirements of this section.

L. In the event of a sale under this section, the owner may

satisfy his lien from the proceeds of the sale.

M. If the proceeds from sale of the property are less than the

amount required to pay the obligation secured by the lien, the owner

may pursue a deficiency against the tenant. If the proceeds from

sale of the property are more than the amount required to pay the

obligation secured by the owner's lien, the owner shall hold the

excess proceeds for a period of ninety (90) days from the date of

the sale. During this period, any persons, including the tenant,

claiming an interest in the excess proceeds from the sale of the

property shall present adequate proof of their claim to the owner.

After the expiration of the ninety-day period, the owner shall make

such distribution of the excess proceeds as is required based upon

the claims presented. If after making distribution of the proceeds

as prescribed by this subsection there are any remaining proceeds,

the excess proceeds shall be presumed abandoned and administered in

accordance with the Uniform Unclaimed Property Act.

N. If the requirements of the Self-Service Storage Facility

Lien Act are not satisfied, if the sale of the personal property is

not in conformity with the notice of sale, or if there is a willful

violation of this act, nothing in this section affects the rights

and liabilities of the owner, the occupant, or any other person.

O. Any purchaser of personal property sold pursuant to this

section for which a certificate of title has been issued by the

Oklahoma Tax Commission shall obtain a certificate of title to be

issued in the purchaser's name in the same manner as provided by law

for the issuance of a certificate of title for property requiring a

certificate of title sold pursuant to the provisions of Sections 91

through 102 of this title.
Okla. Stat. tit. 42, § 42-209 — OK Code / Title 42 / Section 42-209
Lien on escrow account
Status: in_force

Oklahoma Statutes - Title 42. Liens Page 72

Except as otherwise provided in this section, whenever a claim

for lien has been filed with the county clerk, and an escrow account

has been established either from the proceeds from the transaction

or any other source of funds in an amount equal to one hundred

twenty-five percent (125%) of the amount of the claim for lien, then

the lien against the commercial real estate shall be extinguished

and become a lien on the funds contained in the escrow account. The

establishment of an escrow account, as provided for in this section,

shall not be cause for any party to refuse to close the transaction.
Okla. Stat. tit. 42, § 42-119 — OK Code / Title 42 / Section 42-119
Right to lien - Persons liable for threshing bills - Enforcement of lien by attachment -
Status: in_force

Oklahoma Statutes - Title 42. Liens Page 2Enforcement of lien by attachment - Persons against whom valid.

Any person, firm or corporation, threshing or combining grain or

seed for another shall have a lien for the value of such service

upon such grain or seed so threshed or combined. Further, any

person, firm or corporation, holding a lien or mortgage on any

unthreshed or un-combined grain or seed, shall be held equally

responsible with the owner for the threshing or combining bill.

Provided, however, that the lien or mortgage holder shall be held

responsible for the threshing or combining bill only for such grain

or seed as they take or receive possession of. Such lien may be

enforced by action and attachment as provided by law for the

enforcement of a landlord's lien. Such lien shall be a valid and

binding lien on such grain and seed against all persons holding or

owning such grain with notice of the lien thereon to the extent of

the amount due thereon for threshing or combining.
Okla. Stat. tit. 42, § 42-121 — OK Code / Title 42 / Section 42-121
Removal of grain or seed with fraudulent intent -
Status: in_force

Fraudulent appropriation.

Any person, firm or corporation, removing, or causing to be

removed, any threshed or combined grain or seed from the premises

where same were threshed or combined, with the intent to deprive the

owner or operator of the threshing or combining machine, or person

interested in same, of any sum or sums of money due for such

threshing or combining, or who shall fraudulently appropriate such

grain or seed to himself or any other person not entitled thereto

for such threshing or combining, shall be deemed guilty of a

misdemeanor, and upon conviction thereof shall be fined a sum of not

less than Fifty Dollars ($50.00), and not more than Two Hundred

Dollars ($200.00), or not more than thirty (30) days in the county

jail, or both such fine and imprisonment.
Okla. Stat. tit. 42, § 42-1 — OK Code / Title 42 / Section 42-1
Lien defined
Status: in_force

A lien is a charge imposed upon specific property, by which it

is made security for the performance of an act.

R.L. 1910, § 3822.

Oklahoma Statutes - Title 42. Liens Page 3
Okla. Stat. tit. 42, § 42-101 — OK Code / Title 42 / Section 42-101
Sale, disposal or removal of property covered by lien -
Status: in_force

Punishment.

Any person convicted of selling, disposing of or removing

property covered by a lien not subordinate to that person’s

interest, arising under Sections 91 through 102 of this title or

Section 1 or 2 of this act without either obtaining the written

consent of the owner of the lien or making provision adequate to

satisfy the lien, shall be guilty of a misdemeanor punishable by

imprisonment in the county jail for not more than six (6) months or

by a fine of not less than One Hundred Dollars ($100.00).
Okla. Stat. tit. 42, § 42-164 — OK Code / Title 42 / Section 42-164
Notice
Status: in_force

A notice of ten (10) days shall be given to the railroad of the

existence of a claim or the intended lien which is contemplated

under this article.

R.L. 1910, § 3871.
Okla. Stat. tit. 42, § 42-175 — OK Code / Title 42 / Section 42-175
Sale of property after judgment
Status: in_force

In all cases where judgment may be rendered in favor of any

person or persons to enforce a lien under the provisions of this

chapter, the real estate or other property shall be ordered to be

sold as in other cases of sales of real estate, such sales to be

without prejudice to the rights of any prior encumbrancer, owner or

other person not a party to the action.

R.L. 1910, § 3876.
Okla. Stat. tit. 42, § 42-142.4 — OK Code / Title 42 / Section 42-142.4
Fraudulent statement - Felony
Status: in_force

Any original contractor who falsifies any statement regarding

liens on labor or material to any owner of a dwelling, upon

conviction, shall be guilty of a Class D1 felony offense punishable

as provided for in subsections B through F of Section 20N of Title

21 of the Oklahoma Statutes.
Okla. Stat. tit. 42, § 42-91 — OK Code / Title 42 / Section 42-91
Lien on certain personal property for service thereon -
Status: in_force

Foreclosure - Notice - Purchaser - Unpaid checks – Repossession.

A. 1. a. This section applies to every vehicle, all-terrain

vehicle, utility vehicle, manufactured home,

motorcycle, boat, outboard motor, or trailer that has

a certificate of title issued by Service Oklahoma or

by a federally recognized Indian tribe in the State of

Oklahoma, except as otherwise provided in subsection D

of this section. This section does not apply to farm

equipment as defined in Section 91.2 of this title.

The items of personal property to which this section

applies are collectively referred to as “Section 91

Personal Property”. If personal property is

apparently covered both by this section and by

Sections 191 through 200 of this title, the procedures

set out in this section shall apply instead of

Sections 191 through 200 of this title.

b. Salvage pools as defined in Section 591.2 of Title 47

of the Oklahoma Statutes and class AA licensed wrecker

services taking possession of a vehicle pursuant to an

agreement with or at the direction of, or dispatched

by, a state or local law enforcement or government

agency, or pursuant to the abandoned vehicle renewal

provisions of Section 954A of Title 47 of the Oklahoma

Statutes, shall not be subject to the provisions of

this section, but shall be subject to the provisions

of Section 91A of this title. Unless otherwise

provided by this subparagraph, class AA licensed

wrecker services performing consensual tows shall be

subject to the provisions of this section.

2. Any person who, while lawfully in possession of an article

of Section 91 Personal Property, renders any service to the owner

thereof by furnishing storage, rental space, material, labor or

skill for the protection, improvement, safekeeping, towing, right to

occupy space, storage or carriage thereof, has a special lien

Oklahoma Statutes - Title 42. Liens Page 16

thereon, dependent on possession, for the compensation, if any,

which is due to such person from the owner for such service.

3. This special lien shall be subordinate to any perfected

security interest unless the claimant complies with the requirements

of this section. Failure to comply with any requirements of this

section shall result in denial of any title application and cause

the special lien to be subordinate to any perfected lien. Upon such

denial, the applicant shall be entitled to one resubmission of the

title application within fifteen (15) business days of receipt of

the denial, and proceed to comply with the requirements of this

section. In the event of a denial, the Notice of Possessory Lien

and the Notice of Sale may be mailed on the same day in separate

envelopes and storage charges shall only be charged from the date of

resubmission; however, before a Notice of Sale is to be mailed, the

personal property must have been possessed by the possessory lien

claimant for at least twenty-one (21) days. Furthermore, if the

denial was due to error by the party submitting the title

application, then no additional fee for the resubmission shall be

charged to the property owner. “Failure to comply” includes, but is

not limited to:

a. failure to timely provide additional documentation

supporting or verifying any entry on submitted forms

as requested by Service Oklahoma, including but not

limited to United States Postal Service proof of

return receipt requested such as Form 3811 or United

States Postal Service electronic equivalent,

b. failure to provide the documentation supporting lawful

possession as defined in paragraph 3 of subsection H

of this section,

c. claimant or the agent being other than the individual

who provided the service giving rise to the special

lien, as in paragraph 2 of this subsection,

d. claimant not being in possession of the vehicle,

e. notice of lien not filed in accordance with paragraph

4 of this subsection, or

f. foreclosure notification and proceedings not

accomplished in accordance with paragraph 6 of this

section.

4. Any person claiming the special lien provided in paragraph 2

of this subsection shall mail a notice of such lien, no later than

sixty (60) days after the first services are rendered, by regular,

first-class United States mail, and by certified mail, return

receipt requested, to all interested parties who reside at separate

locations. If services provided are pursuant to a contract

primarily for the purpose of storage or rental of space, the

beginning date of the sixty-day period provided in the previous

sentence shall be the first day of the first period or partial

Oklahoma Statutes - Title 42. Liens Page 17

period for which rental or storage charges remain unpaid. The

notice shall be in writing and shall contain, but not be limited to,

the following:

a. a statement that the notice is a Notice of Possessory

Lien,

b. the complete legal name, physical and mailing address,

and telephone number of the claimant,

c. the complete legal name, physical and mailing address

of the person who requested that the claimant render

service to the owner by furnishing material, labor or

skill, storage, or rental space, or the date the

property was abandoned if the claimant did not render

any other service,

d. a description of the article of personal property,

including a photograph if the property is Section 91

Personal Property, and the complete physical and

mailing address of the location of the article of

personal property,

e. an itemized statement describing the date or dates the

labor or services were performed and material

furnished, and the charges claimed for each item, the

totals of which shall equal the total compensation

claimed,

f. a statement by the claimant that the materials, labor

or skill furnished, or arrangement for storage or

rental of space, was authorized by the owner of the

personal property and was in fact provided or

performed, and written proof of authority to perform

the work, labor or service, or that the property was

abandoned by the owner if the claimant did not render

any other service, and that storage or rental fees

will accrue as allowed by law, and

g. the signature of the claimant which shall be notarized

and, if applicable, the signature of the claimant’s

attorney. If the claimant is a business, then the

name of the contact person representing the business

must be shown. In place of an original signature and

notary seal, a digital or electronic signature or seal

shall be accepted.

5. For services rendered or vehicles abandoned on or after

November 1, 2005, storage charges or charges for rental of space,

unless agreed to by contract as part of an overall transaction or

arrangement that was primarily for the purpose of storage of the

Section 91 Personal Property or rental of space, may only be

assessed beginning with the day that the Notice of Possessory Lien

is mailed as evidenced by certified mail. Provided, however, in the

case of contractual charges incurred for storage or rental of space

Oklahoma Statutes - Title 42. Liens Page 18

in an overall transaction primarily for the purpose of storage or

rental, charges subject to the special lien may only be assessed

beginning with a date not more than sixty (60) days prior to the day

that the Notice of Possessory Lien is mailed, and shall accrue only

at the regular periodic rate for storage or rental as provided in

the contract, adjusted for partial periods of storage or rental.

The maximum allowable compensation for storage shall not exceed the

fees established by the Corporation Commission for nonconsensual

tows.

6. The lien may be foreclosed by a sale of such personal

property upon the notice and in the manner following: The Notice of

Sale shall be in writing and shall contain, but not be limited to:

a. a statement that the notice is a Notice of Sale,

b. the names of all interested parties known to the

claimant,

c. a description of the property to be sold, including a

photograph if the property is Section 91 Personal

Property and if the condition of such property has

materially changed since the mailing of Notice of

Possessory Lien required pursuant to paragraph 4 of

this subsection,

d. a notarized statement of the nature of the work, labor

or service performed, material furnished, or storage

or rental of space, and the date thereof, and the name

of the person who authorized the work, labor or

service performed, or the storage or rental

arrangement, and written proof of authority to perform

the work, labor or service, or that the property was

abandoned if the claimant did not render any other

service,

e. the date, time, and exact physical location of sale,

f. the name, complete physical address, mailing address,

and telephone number of the party foreclosing such

lien. If the claimant is a business, then the name of

the contact person representing the business must be

shown. In place of an original signature and notary

seal, a digital or electronic signature or seal shall

be accepted, and

g. itemized charges which shall equal the total

compensation claimed.

7. Such Notice of Sale shall be posted in two public places in

the county where the property is to be sold at least ten (10) days

before the time therein specified for such sale, and a copy of the

notice shall be mailed to all interested parties at their last-known

post office address by regular, first-class United States mail and

by certified mail, return receipt requested, at least ten (10) days

before the date of the sale. If the item of personal property is a

Oklahoma Statutes - Title 42. Liens Page 19

manufactured home, notice shall also be sent by certified mail to

the county treasurer and to the county assessor of the county where

the manufactured home is located.

8. Interested parties shall include all owners of the article

of personal property as indicated by the certificate of title issued

by Service Oklahoma or by a federally recognized Indian tribe in the

State of Oklahoma; lien debtors, if any, other than the owners; any

lienholder whose lien is noted on the face of the certificate of

title; and any other person having any interest in the article of

personal property, of whom the claimant has actual notice.

9. Any interested party shall be permitted to inspect and

verify the services rendered by the claimant prior to the sale of

the article of personal property during normal business hours. The

lienholder shall be allowed to retrieve the Section 91 Personal

Property without being required to bring the title into the

lienholder’s name, if the lienholder provides proof it is a

lienholder and any payment due the claimant for lawful charges where

the claimant has complied with the requirements of this section.

Upon the release of personal property to an insurer or

representative of the insurer, wrecker operators shall be exempt

from all liability and shall be held harmless for any losses or

claims of loss.

10. The claimant or any other person may in good faith become a

purchaser of the property sold.

11. Proceedings for foreclosure under this act shall be

commenced no sooner than ten (10) days and no later than thirty (30)

days after the Notice of Possessory Lien has been mailed as

evidenced by certified mail. The date actually sold shall be within

sixty (60) days from the date of the Notice of Sale as evidenced by

certified mail.

B. 1. a. Any person who is induced by means of a check or other

form of written order for immediate payment of money

to deliver up possession of an article of personal

property on which the person has a special lien

created by subsection A of this section, which check

or other written order is dishonored, or is not paid

when presented, shall have a lien for the amount

thereof upon the personal property.

b. The person claiming such lien shall, within thirty

(30) days from the date of dishonor of the check or

other written order for payment of money, file in the

office of the county clerk of the county in which the

property is situated a sworn statement that:

(1) the check or other written order for immediate

payment of money, copy thereof being attached,

was received for labor, material or supplies for

producing or repairing an article of personal

Oklahoma Statutes - Title 42. Liens Page 20

property, or for other specific property-related

services covered by this section,

(2) the check or other written order was not paid,

and

(3) the uttering of the check or other written order

constituted the means for inducing the person,

one possessed of a special lien created by

subsection A of this section upon the described

article of personal property, to deliver up the

article of personal property.

2. a. Any person who renders service to the owner of an

article of personal property by furnishing storage,

rental space, material, labor, or skill for the

protection, improvement, safekeeping, towing, right to

occupy space, storage, or carriage thereof shall have

a special lien on such property pursuant to this

section if such property is removed from the person’s

possession, without such person’s written consent or

without payment for such service.

b. The person claiming such lien shall, within five (5)

days of such nonauthorized removal, file in the office

of the county clerk of the county in which the

property is located, a sworn statement including:

(1) that services were rendered on or in relation to

the article of personal property by the person

claiming such lien,

(2) that the property was in the possession of the

person claiming the lien but such property was

removed without his or her written consent,

(3) an identifying description of the article of

personal property on which the service was

rendered, and

(4) that the debt for the services rendered on or in

relation to the article of personal property was

not paid. Provided, if the unpaid total amount

of the debt for services rendered on or in

relation to the article of personal property is

unknown, an approximated amount of the debt due

and owing shall be included in the sworn

statement but such approximated debt may be

amended within thirty (30) days of such filing to

reflect the actual amount of the debt due and

owing.

3. The enforcement of the lien shall be within sixty (60) days

after filing the lien in the manner provided by law for enforcing

the lien of a security agreement and provided that the lien shall

Oklahoma Statutes - Title 42. Liens Page 21

not affect the rights of innocent, intervening purchasers without

notice.

C. If the person who renders service to the owner of an article

of personal property to which this section applies relinquishes or

loses possession of the article due to circumstances described in

subparagraph a of paragraph 1 or subparagraph a of paragraph 2 of

subsection B of this section, the person claiming the lien shall be

entitled to possession of the article until the amount due is paid,

unless the article is possessed by a person who became a bona fide

purchaser. Entitlement to possession shall be in accordance with

the following:

1. The claimant may take possession of an article pursuant to

this subsection only if the person obligated under the contract for

services has signed an acknowledgement of receipt of a notice that

the article may be subject to repossession. The notice and

acknowledgement pursuant to this subsection shall be:

a. in writing and separate from the written contract for

services, or

b. printed on the written contract for services, credit

agreement or other document which displays the notice

in bold-faced, capitalized and underlined type, or is

separated from surrounding written material so as to

be conspicuous with a separate signature line;

2. The claimant may require the person obligated under the

contract for services to pay the costs of repossession as a

condition for reclaiming the article only to the extent of the

reasonable fair market value of the services required to take

possession of the article;

3. The claimant shall not transfer to a third party or to a

person who performs repossession services, a check, money order, or

credit card transaction that is received as payment for services

with respect to an article and that is returned to the claimant

because of insufficient funds or no funds, because the person

writing the check, issuing the money order, or credit cardholder has

no account or because the check, money order, or credit card account

has been closed. A person violating this paragraph shall be guilty

of a misdemeanor; and

4. An article that is repossessed pursuant to this subsection

shall be promptly delivered to the location where the services were

performed. The article shall remain at the services location at all

times until the article is lawfully returned to the record owner or

a lienholder or is disposed of pursuant to this section.

D. 1. If a vehicle, all-terrain vehicle, utility vehicle,

manufactured home, motorcycle, boat, outboard motor, or trailer has

a certificate of title issued by Service Oklahoma or by a federally

recognized Indian tribe in the State of Oklahoma, but there is no

active lien recorded on the certificate of title, Section 91A of

Oklahoma Statutes - Title 42. Liens Page 22

this title will apply instead of this section. Likewise, if there

is an active lien recorded on the certificate of title but the lien

is over fifteen (15) years old and the property is not a

manufactured home, Section 91A of this title will apply instead of

this section.

2. If personal property that otherwise would be covered by this

section has been registered by Service Oklahoma or by a federally

recognized Indian tribe in the State of Oklahoma, and there is a

lien of record but no certificate of title has been issued, Section

91A of this title will apply instead of this section.

3. If personal property otherwise would be covered by this

section, but the services were rendered or the property was

abandoned prior to November 1, 2005, Section 91A of this title will

apply instead of this section.

E. A person who knowingly makes a false statement of a material

fact regarding the furnishing of storage, rental space, material,

labor or skill for the protection, improvement, safekeeping, towing,

right to occupy space, storage or carriage thereof in a proceeding

under this section, or attempts to use or uses the provisions of

this section to foreclose an owner or lienholder’s interest in a

vehicle knowing that any of the statements made in the proceeding

are false, upon conviction, shall be guilty of a felony.

F. Upon receipt of notice of legal proceedings, Service

Oklahoma shall cause the sale process to be put on hold until notice

of resolution of court proceedings is received from the court. If

such notice of commencement of court proceedings is not filed with

Service Oklahoma, the possessory lien sale process may continue.

G. No possessory lien sale shall be held on a Sunday.

H. For purposes of this section:

1. “Possession” includes actual possession and constructive

possession;

2. “Constructive possession” means possession by a person who,

although not in actual possession, does not have an intention to

abandon property, knowingly has both power and the intention at a

given time to exercise dominion or control over the property, and

who holds claim to such thing by virtue of some legal right;

3. “Lawfully in possession” means a person has documentation

from the owner or the owner’s authorized agent, or an insurance

company or its authorized agent, authorizing the furnishing of

material, labor or storage, or that the property was authorized to

be towed to a repair facility. If the person lacks such

documentation, he or she shall not be lawfully in possession of the

Section 91 Personal Property and shall not be entitled to a special

lien as set forth in this section; and

4. “Itemized charges” means total parts, total labor, total

towing fees, total storage fees, total processing fees and totals of

Oklahoma Statutes - Title 42. Liens Page 23

any other fee groups, the sum total of which shall equal the

compensation claimed.

I. For purposes of this section, the United States Postal

Service approved electronic equivalent of proof of return receipt

requested Form 3811 shall satisfy return receipt requested

documentation requirements.

J. If a person claiming a special lien pursuant to this section

fails to comply with any of the requirements of this section, any

interested party may proceed against the person claiming such lien

for all damages arising therefrom, including conversion, if the

article of personal property has been sold. If the notice or

notices required by this section shall be shown to be knowingly

false or fraudulent, the interested party shall be entitled to

treble damages. The prevailing party shall be entitled to all

costs, including reasonable attorney fees.

K. This section shall apply to all actions or proceedings that

commence on or after the effective date of this act.
Okla. Stat. tit. 42, § 42-27 — OK Code / Title 42 / Section 42-27
Waiver of vendor's lien
Status: in_force

Where the buyer of real property gives to the seller a written

contract for payment of all or part of the price, an absolute

transfer of such contract by the seller, waives his lien to the

extent of the sum payable under the contract, but a transfer of such

contract in trust to pay debts, and return the surplus, is not a

waiver of the lien.

R.L. 1910, § 3848.
Okla. Stat. tit. 42, § 42-192 — OK Code / Title 42 / Section 42-192
Definitions
Status: in_force

As used in the Self-Service Storage Facility Lien Act, unless

the context otherwise requires:

1. "Default" means the failure by the occupant to perform in a

timely manner any obligation or duty set forth in this act or the

rental agreement;

2. "Last-known address" means that address or electronic mail

address provided by the occupant in the latest rental agreement or

the address or electronic mail address provided by the occupant in a

subsequent written notice of a change of address;

3. "Occupant" means a person, or his sublessee, successor, or

assign, entitled to the use of the storage space at a self-service

storage facility under a rental agreement, to the exclusion of

others;

4. "Owner" means the owner, operator, lessor, or sublessor of a

self-service storage facility, his agent, or any other person

authorized by him to manage the facility or to receive rent from an

occupant under a rental agreement;

5. "Personal property" means movable property not affixed to

land and includes, but is not limited to, goods, merchandise, and

household items;

6. "Rental agreement" means any written agreement or lease

which establishes or modifies the terms, conditions, rules, or any

other provisions concerning the use and occupancy at a self-service

storage facility and which contains a notice stating that all

articles stored under the terms of such agreement will be sold or

otherwise disposed of if no payment has been received for a

continuous thirty-day period;

7. "Self-service storage facility" means any real property

designed and used for the purpose of renting or leasing individual

storage space to occupants who are to have access to such facility

for the purpose of storing and removing personal property;

8. "Electronic mail" means an electronic message or an

executable program or computer file that contains an image of a

message that is transmitted between two or more computers or

electronic terminals and includes electronic messages that are

transmitted within or between computer networks;

9. "Sale" means a sale made after public notice and includes

but is not limited to a sale at the self-service storage facility or

a sale conducted online at a publicly accessible website; and

10. "Verified mail" means any method of mailing that is offered

by the United States Postal Service or private delivery service that

provides evidence of mailing.
Okla. Stat. tit. 42, § 42-97 — OK Code / Title 42 / Section 42-97
Lien for labor or materials for production, alteration or
Status: in_force

repair of personal property - Commencement of lien.

Any person, firm or corporation who furnishes labor, money,

material or supplies for the production of, altering or repairs of

any personal property at the request of the owner of said property,

shall have a lien for the value of his money, labor, material or

supplies upon said personal property as provided for in Section 2 of

this act. Lien to date from commencement of furnishing of labor,

money, material or supplies.
Okla. Stat. tit. 42, § 42-113 — OK Code / Title 42 / Section 42-113
Priority of mortgage liens - Liability of mortgagee
Status: in_force

consenting in writing.

The lien herein provided for shall be subject to prior mortgage

liens, unless the holder thereof has received notice of the

intention of the threshing or combining of the grain or seed and

consented thereto in writing, after which the holder of such

mortgage lien shall become jointly liable with the owner of the

grain or seed for the expenses of threshing or combining of the

same.
Okla. Stat. tit. 42, § 42-115 — OK Code / Title 42 / Section 42-115
Enforcement of lien
Status: in_force

The lien created by Section 111 of this title may be enforced in

the same manner as provided by law for the enforcement of an

agricultural lien pursuant to Article 9 of the Uniform Commercial

Code.
Okla. Stat. tit. 42, § 42-180 — OK Code / Title 42 / Section 42-180
Liens against manufactured homes – Repossession - Notice
Status: in_force

A. Unless the owner of the real property on which a

manufactured home is located has a possessory lien with priority

over a creditor having a perfected security interest or a lien

recorded on the document of title issued on the manufactured home,

it shall be unlawful for the owner of the real property to refuse to

allow the secured creditor to repossess and move the manufactured

home. If the owner of the real property on which a manufactured

home is located has a possessory lien pursuant to Section 91 or

Section 91A of this title, and a creditor with a perfected security

interest in that manufactured home pays to the owner of real

property that portion of the possessory lien having priority over

the creditor, the owner of the real property must allow the creditor

to repossess and move the manufactured home. If the owner of the

real property refuses to allow the creditor to repossess and move

the manufactured home as required by this subsection, that owner of

real property shall be liable to the creditor for each day that the

owner of the real property unlawfully maintains possession of the

manufactured home at a daily rate equal to one-thirtieth (1/30) of

the monthly rental or storage payment last paid by the consumer to

the owner of the real property, or if no payment has been made, the

payment required pursuant to the contract between the secured

creditor and the consumer. The prevailing party shall be entitled

to reasonable attorney fees and costs.

B. Upon the bankruptcy of a consumer owning a manufactured home

located on real property owned by another person and subject to

rental or storage charges, the secured creditor shall, within five

(5) days after receipt of notice of the bankruptcy, give notice to

the owner of the real estate by certified mail, return receipt

requested, if the location of the manufactured home is known. If

the secured creditor fails to give required notice to the owner of

the real estate, the creditor will be liable for post-bankruptcy-

filing storage or rental charges not paid by the trustee in

bankruptcy.
Okla. Stat. tit. 42, § 42-91.2 — OK Code / Title 42 / Section 42-91.2
Liens on farm equipment
Status: in_force

A. Any person who, at or with the owner’s request or consent,

performs work, or makes repairs or improvements on any farm

equipment has a first and prior lien, subject to the restrictions

Oklahoma Statutes - Title 42. Liens Page 24

set forth in subsections B and C of this section, on such equipment

for the total value of the services performed, including the

reasonable value of all material used in the performance of such

services and the reasonable value of all equipment replaced, added

or installed.

B. If the lien claimant is in possession of the farm equipment

for the purpose of having the work, repairs or improvements made, or

the equipment replaced, added or installed thereon, the lien shall

be first and prior and valid as long as the lien claimant retains

possession of the equipment. The lien claimant shall retain the

lien after releasing the equipment by filing within ninety (90) days

thereafter a statement, under oath, of the items of the account, a

description of the equipment on which the lien is claimed and the

legal name of the owner of the equipment, with the county clerk in

the county in this state where the owner resides, or if the owner

does not reside in this state, then with the county clerk in the

county where the equipment is located. Provided, once the lien

claimant has released possession of the equipment, the lien

established by this section shall be subordinate to any prior lien

or security interest of record.

C. If the lien claimant was never in possession of the farm

equipment, the lien claimant shall retain the lien by filing with

the county clerk in the county where the owner resides, or if the

owner does not reside in this state, then with the county clerk in

the county where the equipment is located, within ninety (90) days

after the date work was last performed, material was last furnished

in performing such work or making such repairs or improvements,

equipment was last replaced, added or installed or the farm

equipment was last towed or stored, a statement, under oath, of the

items of the account, a description of the equipment on which the

lien is claimed, the legal name of the owner of the equipment and

the date upon which work was last performed, material was last

furnished in performing such work or making such repairs or

improvements, equipment was last replaced, added or installed, or

the equipment was last towed or stored. Provided, if the lien

claimant was never in possession of the equipment, the lien

established by this section shall be subordinate to any prior lien

or security interest.

D. For purposes of this section, “farm equipment” means

equipment, as defined in paragraph (33) of subsection (a) of Section

1-9-102 of Title 12A of the Oklahoma Statutes, that is primarily

used in connection with a farming operation, as defined in paragraph

(35) of subsection (a) of Section 1-9-102 of Title 12A of the

Oklahoma Statutes.
Okla. Stat. tit. 42, § 42-4 — OK Code / Title 42 / Section 42-4
Special lien - Prior lien
Status: in_force

A special lien is one which the holder thereof can enforce only

as a security for the performance of a particular act or obligation,

and of such obligations as may be incidental thereto. Where the

holder of a special lien is compelled to satisfy a prior lien for

his own protection, he may enforce payment of the amount so paid by

him, as a part of the claim for which his own lien exists.

R.L. 1910, § 3825.
Okla. Stat. tit. 42, § 42-144 — OK Code / Title 42 / Section 42-144
Oil and gas well liens
Status: in_force

Any person, corporation, or copartnership who shall, under

contract, expressed or implied, with the owner of any leasehold for

oil and gas purposes, or the owner of any gas pipeline or oil

pipeline, or with the trustee or agent of such owner, perform labor

or services, including written contracts for the services of a

geologist or petroleum engineer, or furnish material, machinery, and

oil well supplies used in the digging, drilling, torpedoing,

completing, operating, or repairing of any oil or gas well, or who

shall furnish any oil or gas well supplies, or perform any labor in

constructing or putting together any of the machinery used in

drilling, torpedoing, operating, completing, or repairing of any gas

well, or perform any labor upon any oil well supplies, tools, and

other articles used in digging, drilling, torpedoing, operating,

completing, or repairing any oil or gas well, shall have a lien upon

the whole of such leasehold or oil pipeline, or gas pipeline, or

lease for oil and gas purposes, the buildings and appurtenances, the

proceeds from the sale of oil or gas produced therefrom inuring to

the working interest, exempting, however, any valid, bona fide

reservations of oil or gas payments or overriding royalty interests

executed in good faith and payable out of such working interest, and

upon the material and supplies so furnished, and upon any oil well

supplies, tools, and other articles used in digging, drilling,

torpedoing, operating, completing, or repairing any oil or gas well,

and upon the oil or gas well for which they were furnished, and upon

all the other oil or gas well fixtures and appliances used in the

operating for oil and gas purposes upon the leasehold for which said

material and supplies were furnished or labor or services performed.

Such lien shall be preferred to all other liens or encumbrances

which may attach to or upon said leasehold for gas and oil purposes

and upon any oil or gas pipeline, or such oil and gas wells and the

material and machinery so furnished and the leasehold for oil and

gas purposes and the fixtures and appliances thereon subsequent to

the commencement of or the furnishing or putting up of any such

Oklahoma Statutes - Title 42. Liens Page 50

machinery or supplies; and such lien shall follow said property and

each and every part thereof, and be enforceable against the said

property wherever the same may be found; and compliance with the

provisions of this article shall constitute constructive notice of

the lien claimant's lien to all purchasers and encumbrancers of said

property or any part thereof, subsequent to the date of the

furnishing of the first item of material or the date of the

performance of the first labor or services.

R.L. 1910, § 3865; Laws 1919, c. 258, p. 367, § 2; Laws 1927, c. 42,

p. 64, § 1; Laws 1963, c. 226, § 1.
Okla. Stat. tit. 42, § 42-112 — OK Code / Title 42 / Section 42-112
Filing statement of lien in office of county clerk - Right
Status: in_force

to lien as against purchaser.

Any person entitled to a lien under this act shall, within

thirty (30) days after the threshing or combining is completed, file

in the office of the county clerk of the county in which the grain

or seed was grown, or threshing or combining done, a statement in

writing, verified by oath, showing the amount, quantity and kind of

grain or seed threshed or combined, the price agreed upon for the

threshing or combining the same, the name of the person for whom the

threshing or combining was done, and a description of the land on

which the grain or seed was grown or threshing or combining done;

unless the person entitled to the lien shall file such statement

within the time aforesaid, he shall be deemed to have waived his

rights thereto; provided, that the lien provided for in this act

Oklahoma Statutes - Title 42. Liens Page 40

shall not attach to any seed or grain after it has been purchased by

a grain dealer and has passed into his possession unless the lien

shall have been filed with the county clerk of the county before the

seed or grain was purchased by such dealer, or he shall have

received written notice from the party entitled to the lien, of his

intention to file the same.
Okla. Stat. tit. 42, § 42-142.6 — OK Code / Title 42 / Section 42-142.6
Pre-lien notice - Requirements – Affidavit - Penalties
Status: in_force

A. For the purposes of this section:

1. “Claimant” means a person, other than an original

contractor, that is entitled or may be entitled to a lien pursuant

to Section 141 of this title; and

2. “Person" means any individual, corporation, partnership,

unincorporated association, or other entity.

B. 1. Prior to the filing of a lien statement pursuant to

Section 143.1 of this title, but no later than seventy-five (75)

days after the last date of supply of material, services, labor, or

equipment in which the claimant is entitled or may be entitled to

lien rights, the claimant shall send to the last-known address of

the original contractor and an owner of the property a pre-lien

notice pursuant to the provisions of this section. Provided

further, no lien affecting property then occupied as a dwelling by

an owner shall be valid unless the pre-lien notice provided in this

section was sent within seventy-five (75) days of the last

furnishing of materials, services, labor or equipment by the

claimant.

2. The provisions of this section shall not be construed to

require:

a. a pre-lien notice with respect to any retainage held

by agreement between an owner, contractor, or

subcontractor, or

b. more than one pre-lien notice during the course of a

construction project in which material, services,

labor, or equipment is furnished.

A pre-lien notice sent in compliance with this section for the

supply of material, services, labor, or equipment that entitles or

may entitle a claimant to lien rights shall protect the claimant’s

lien rights for any subsequent supply of material, services, labor,

or equipment furnished during the course of a construction project.

3. Except as otherwise required in paragraph 1 of this

subsection, the pre-lien notice requirements shall not apply to a

claimant:

a. whose claim relates to the supply of material,

services, labor, or equipment furnished in connection

with a residential project. For the purposes of this

subparagraph, the term “residential” shall mean a

single family or multifamily project of four or fewer

dwelling units, none of which are occupied by an

owner, or

b. whose aggregate claim is less than Ten Thousand

Dollars ($10,000.00).

4. The pre-lien notice shall be in writing and shall contain,

but not be limited to, the following:

a. a statement that the notice is a pre-lien notice,

Oklahoma Statutes - Title 42. Liens Page 46

b. the complete name, address, and telephone number of

the claimant, or the claimant’s representative,

c. the date of supply of material, services, labor, or

equipment,

d. a description of the material, services, labor, or

equipment,

e. the name and last-known address of the person who

requested that the claimant provide the material,

services, labor, or equipment,

f. the address, legal description, or location of the

property to which the material, services, labor, or

equipment has been supplied,

g. a statement of the dollar amount of the material,

services, labor, or equipment furnished or to be

furnished, and

h. the signature of the claimant, or the claimant’s

representative.

5. A rebuttable presumption of compliance with paragraph 1 of

this subsection shall be created if the pre-lien notice is sent as

follows:

a. hand delivery supported by a delivery confirmation

receipt,

b. automated transaction pursuant to Section 15-115 of

Title 12A of the Oklahoma Statutes, or

c. certified mail, return receipt requested. Notice by

certified mail, return receipt requested, shall be

effective on the date mailed.

6. The claimant may request in writing, the request to be sent

in the manner as provided in paragraph 5 of this subsection, that

the original contractor provide to the claimant the name and last-

known address of an owner of the property. Failure of the original

contractor to provide the claimant with the information requested

within five (5) days from the date of receipt of the request shall

render the pre-lien notice requirement to the owner of the property

unenforceable.

C. At the time of the filing of the lien statement, the

claimant shall furnish to the county clerk a notarized affidavit

verifying compliance with the pre-lien notice requirements of this

section. Any claimant who falsifies the affidavit shall be guilty

of a misdemeanor, and upon conviction thereof may be punished by a

fine of not more than Five Thousand Dollars ($5,000.00), or by

imprisonment in the county jail for not more than thirty (30) days,

or by both such fine and imprisonment. If the value of the property

embezzled is Two Thousand Five Hundred Dollars ($2,500.00) or more

but less than Fifteen Thousand Dollars ($15,000.00), the claimant

shall, upon conviction, be guilty of a Class D1 felony offense and

Oklahoma Statutes - Title 42. Liens Page 47

shall be punished by imprisonment as provided for in subsections B

through F of Section 20N of Title 21 of the Oklahoma Statutes.

D. Failure of the claimant to comply with the pre-lien notice

requirements of this section shall render that portion of the lien

claim for which no notice was sent invalid and unenforceable.
Okla. Stat. tit. 42, § 42-173 — OK Code / Title 42 / Section 42-173
Parties
Status: in_force

In such actions all persons whose liens are filed as herein

provided shall be made parties, and issues shall be made and trials

had as in other cases. Where such action is brought by a

subcontractor, or other person not the original contractor, such

original contractor shall be made a party defendant, and shall at

his own expense defend against the claim of every subcontractor, or

other person claiming a lien under this chapter, and if he fails to

make such defense the owner may make the same at the expense of such

contractor; and until all such claims, costs and expenses are

finally adjudicated, and defeated or satisfied, the owner shall be

entitled to retain from the contractor the amount thereof, and such

costs and expenses as he may be required to pay: Provided, that if

the sheriff of the county in which such action is pending shall make

return that he is unable to find such original contractor, the court

may proceed to adjudicate the liens upon the land and render

judgment to enforce the same with costs.

R.L. 1910, § 3874; Laws 1977, c. 207, § 14, eff. Oct. 1, 1977.
Okla. Stat. tit. 42, § 42-197.1 — OK Code / Title 42 / Section 42-197.1
Abandonment or surrender – Possession – Disposal –
Status: in_force

Notice.

A. If the occupant abandons or surrenders possession of the

self-service storage facility and leaves household goods,

furnishings, fixtures, or any other personal property in the self-

service storage facility, the owner may take possession of the

Oklahoma Statutes - Title 42. Liens Page 67

property, and if, in the judgment of the owner, the property has no

ascertainable or apparent value, the owner may dispose of the

property without any duty of accounting or any liability to any

party.

B. If the occupant abandons or surrenders possession of the

self-service storage facility and leaves household goods,

furnishings, fixtures, or any other personal property in the self-

service storage facility, the owner may take possession of the

property, and if, in the judgment of the owner the property has an

ascertainable or apparent value, such property left with the owner

for a period of thirty (30) days or longer shall be conclusively

determined to be abandoned and as such the owner may dispose of said

property in any manner which he deems reasonable and proper without

liability to the occupant or any other interested party; however,

before the property is disposed of, the owner shall provide written

notice to the occupant, by certified mail with return receipt

requested, and the owner may dispose of the property fifteen (15)

days after the owner receives the return receipt document or fifteen

(15) days after the owner receives a communication from the United

States Post Office that the written notice was not claimed by the

addressee, whichever period occurs first.
Okla. Stat. tit. 42, § 42-49 — OK Code / Title 42 / Section 42-49
Ambulance service provider liens
Status: in_force

A. Every person, company, governmental entity, or trust

authority operating an ambulance service within this state who or

which performs ambulance services for any person injured as a result

of the negligent or intentional act of another shall, if the injured

person asserts or maintains a claim against another person for

damages on account of the injuries, have a lien for the amount due

for the ambulance services upon any recovery or sum had or collected

or to be collected by the injured person or the estate of the

injured person in the event of the injured person's death, whether

by judgment, settlement, or compromise. The lien shall be inferior

to any lien or claim of any attorney representing the injured

Oklahoma Statutes - Title 42. Liens Page 14

person. The lien shall not be applied or considered valid against

any claim for amounts due pursuant to the provisions of Title 85A of

the Oklahoma Statutes.

B. In addition to the lien provided for in subsection A of this

section, every person, company, governmental entity, or trust

authority operating an ambulance service within this state who or

which performs ambulance services for any person injured as a result

of the negligent or intentional act of another shall have, if the

injured person asserts or maintains a claim against an insurer, a

lien for the amount due for the ambulance services upon any monies

payable by the insurer to the injured person.

C. No lien which is provided for in this section shall be

effective unless, before the payment of any monies to the injured

person or the injured person's attorney or legal representative, as

compensation for the injuries or death:

1. A written notice is sent setting forth a statement of the

amount claimed, identifying the insurance policy or policies against

which the lien is asserted, if any, and containing the name and

address of the person, company, governmental entity, or trust

authority claiming the lien, the injured person, and the person,

firm, or corporation against whom the claim is made, is filed on the

mechanic's and materialman's lien docket in the office of the county

clerk of the county where the principal office of the claimant is

located; and

2. The claimant sends, by registered or certified mail, postage

prepaid, a copy of the notice with a statement of the date of filing

thereof to the person, firm, or corporation against whom the claim

is made and to the injured person. The claimant shall also send a

copy of the notice to the attorney for the injured person, if the

name and address of the attorney is known to the claimant.

D. A lien created pursuant to this section may be enforced in a

civil action in the district court of the county where the lien was

filed. An action shall be brought within one (1) year of a final

judgment, settlement, or compromise of the claim asserted or

maintained by or on behalf of the injured person. The practice,

pleading, and proceedings in the action shall conform to the rules

prescribed by the Oklahoma Pleading Code to the extent applicable.
Okla. Stat. tit. 42, § 42-6 — OK Code / Title 42 / Section 42-6
Lien created, how
Status: in_force

A lien is created:

1. By contract of the parties; or,

2. By operation of law.

R.L. 1910, § 3827.
Okla. Stat. tit. 42, § 42-9 — OK Code / Title 42 / Section 42-9
Lien to take immediate effect
Status: in_force

A lien may be created by contract, to take immediate effect, as

security for the performance of obligations not then in existence.

Oklahoma Statutes - Title 42. Liens Page 4

R.L. 1910, § 3830.
Okla. Stat. tit. 42, § 42-14 — OK Code / Title 42 / Section 42-14
Holder of lien not entitled to compensation
Status: in_force

One who holds property by virtue of a lien thereon, is not

entitled to compensation from the owner thereof for any trouble or

expense which he incurs respecting it, except to the same extent as

a borrower, under Sections 1018 and 1019.

R.L. 1910, § 3835.
Okla. Stat. tit. 42, § 42-10 — OK Code / Title 42 / Section 42-10
Lien transfers no title
Status: in_force

Notwithstanding an agreement to the contrary, a lien or a

contract for a lien transfers no title to the property subject to

the lien.

R.L. 1910, § 3831.
Okla. Stat. tit. 42, § 42-12 — OK Code / Title 42 / Section 42-12
Lien does not imply obligation
Status: in_force

The creation of a lien does not of itself imply that any person

is bound to perform the act for which the lien is a security.

R.L. 1910, § 3833.
Okla. Stat. tit. 42, § 42-48 — OK Code / Title 42 / Section 42-48
Provider of seed, chemicals, pesticides, herbicides or
Status: in_force

fertilizer - General agriculture commodities lien.

Any person selling, furnishing, applying or providing to the

owner of crops which are growing or to be grown any seed, chemical,

pesticide, herbicide or fertilizer for the growing of said crop

shall have a general lien upon all agricultural commodities except

livestock in his possession belonging to the owner of the crops, for

the balance due to him in the course of business. The lien provided

for in this section shall be subject to all prior perfected liens.
Okla. Stat. tit. 42, § 42-154 — OK Code / Title 42 / Section 42-154
Corporations - Execution, attestation, seal or
Status: in_force

acknowledgment of lien statement - Release of lien.

Any lien statement authorized by the provisions of Sections 141

through 164 of Title 42 of the Oklahoma Statutes when executed on

behalf of a corporation may be signed and verified by any officer or

agent of said corporation without the necessity of attestation,

Oklahoma Statutes - Title 42. Liens Page 57

seal, or acknowledgment and any release of such lien when executed

on behalf of a corporation may be signed by any officer or agent of

such corporation without the necessity of attestation, seal, or

acknowledgment.

With respect to the execution and release of lien statements in

accordance with this section the provisions of Sections 15, 93, 94

and 95 of Title 16 of the Oklahoma Statutes shall not apply.
Okla. Stat. tit. 42, § 42-7 — OK Code / Title 42 / Section 42-7
Lien created by law
Status: in_force

No lien arises by mere operation of law until the time at which

the act to be secured thereby ought to be performed.

R.L. 1910, § 3828.
Okla. Stat. tit. 42, § 42-141.1 — OK Code / Title 42 / Section 42-141.1
Transfer of records, funds, and powers and duties to
Status: in_force

county clerk.

On the effective date of this act, the records, funds and powers

and duties relating to the filing of mechanics' and materialmen's

liens in the office of the court clerk in each county of this state

shall be transferred to the office of the county clerk. The county

Oklahoma Statutes - Title 42. Liens Page 44

clerk shall thereafter exercise all such powers and duties formerly

performed by the court clerk relating to such liens.
Okla. Stat. tit. 42, § 42-24 — OK Code / Title 42 / Section 42-24
Partial performance as extinguishing lien
Status: in_force

The partial performance of an act secured by a lien does not

extinguish the lien upon any part of the property subject thereto,

even if it is divisible.

R.L. 1910, § 3845.
Okla. Stat. tit. 42, § 42-195 — OK Code / Title 42 / Section 42-195
Default by occupant - Prevention of access - Liability for
Status: in_force

damage to property.

A. An owner shall have the right to take such action as may be

required to prevent an occupant who has committed an act of default

pursuant to the rental agreement from gaining access to the self-

service storage facility or any specific location at which personal

property is stored by an occupant. The owner of a self-service

storage facility shall not be liable for damages sustained by an

occupant, if any, alleged to result from action taken by the owner

to prevent access to the self-service storage facility after the

occupant has committed an act of default pursuant to the rental

agreement.

B. If an occupant damages any real or personal property of the

owner in order to attempt to regain access to a self-service storage

facility, or any component of a self-service storage facility,

including but not limited to the destruction of a padlock or similar

device, in addition to criminal liability, the occupant shall be

Oklahoma Statutes - Title 42. Liens Page 63

liable for the damage caused and the owner of the self-service

storage facility may add the damages or expenses incurred as a

result of the action taken by the occupant to the amount of unpaid

storage charges for purposes of enforcing the lien authorized by

Section 6 of this act.
Okla. Stat. tit. 42, § 42-149 — OK Code / Title 42 / Section 42-149
Suit within one year
Status: in_force

The lien provided for in the preceding section shall not be

effective unless suit shall be brought within one (1) year after it

accrued.
Okla. Stat. tit. 42, § 42-26 — OK Code / Title 42 / Section 42-26
Vendor's lien for price of realty
Status: in_force

One who sells real property has a special or vendor's lien

thereon, independent of possession, for so much of the price as

remains unpaid and unsecured, otherwise than by the personal

Oklahoma Statutes - Title 42. Liens Page 7

obligation of the buyer, subject to the rights of purchasers and

encumbrancers, in good faith, without notice.

R.L. 1910, § 3847.
Okla. Stat. tit. 42, § 42-33 — OK Code / Title 42 / Section 42-33
Special lien of officer levying attachment or execution
Status: in_force

An officer, who levies an attachment or execution upon personal

property, acquires a special lien, dependent on possession, upon

such property, which authorizes him to hold it until the process is

discharged or satisfied, or a judicial sale of the property is had.

Oklahoma Statutes - Title 42. Liens Page 8

R.L. 1910, § 3855.
Okla. Stat. tit. 42, § 42-204 — OK Code / Title 42 / Section 42-204
Notice of lien - Mailing
Status: in_force

The broker shall, within ten (10) days of recording its notice

of lien, either mail a copy of the notice of lien to the owner of

record on the commercial real estate by registered or certified mail

at the address of the owner stated in the written instrument on

Oklahoma Statutes - Title 42. Liens Page 70

which the claim for lien is based, or if no such address is given,

then to the address of the commercial real estate on which the claim

of lien is based. Mailing of the copy of the notice of lien is

effective when deposited in a United States mailbox with postage

prepaid. The broker’s lien shall be unenforceable if mailing or

service of the copy of notice of lien does not occur at the time and

in the manner required by this section.
Okla. Stat. tit. 42, § 42-205 — OK Code / Title 42 / Section 42-205
Suit to enforce lien - Extinguishment of lien
Status: in_force

A. A broker claiming a lien under this act shall, within two

(2) years after recording the notice of lien, bring suit to enforce

the lien in the district court in the county where the property is

located. Failure to commence proceedings as required herein within

two (2) years after recording the notice of lien shall extinguish

the lien. No subsequent notice of lien may be given for the same

claim nor may that claim be asserted in any proceedings under this

act.

B. A broker claiming a lien based upon an option or other right

to purchase or lease shall, within two (2) years after the transfer

or conveyance of the commercial real estate under the exercise of

the option to purchase or lease, commence proceedings by filing a

complaint. Failure to commence proceedings within this time shall

extinguish the lien. No subsequent notice of lien may be given for

the same claim nor may that claim be asserted in any proceedings

under this act.
Okla. Stat. tit. 42, § 42-145 — OK Code / Title 42 / Section 42-145
Oil and gas well lien by or through subcontractor
Status: in_force

Any person, copartnership or corporation who shall furnish such

machinery or supplies to a subcontractor under a contractor, or any

person who shall perform such labor under a subcontract with a

contractor, or who, as an artisan or day laborer in the employ of

such contractor, shall perform any such labor, may obtain a lien

upon said leasehold for oil and gas purposes or any gas pipeline or

any oil pipeline from the same tank and in the same manner and to

the same extent as the original contractor for the amount due him

for such labor, as provided in the preceding section.

R.L. 1910, § 3866.
Okla. Stat. tit. 42, § 42-132 — OK Code / Title 42 / Section 42-132
Procedure to perfect lien
Status: in_force

Any person having a lien under this act and desiring to avail

himself of its provisions shall, within sixty (60) days after such

work or labor is done or performed, or materials furnished, file

with the county clerk of the county in which the debtor resides, a

just and true account of the demand due, or becoming due, allowing

all credits, and containing a description of the property to be

charged with said lien, verified by affidavit; provided, that said

lien must in either event, be so filed with the county clerk of the

county in which the debtor resides, before the title to the property

described therein, has passed from the original owner.
Okla. Stat. tit. 42, § 42-30 — OK Code / Title 42 / Section 42-30
Lien of purchaser of real property
Status: in_force

One who pays to the owner any part of the price of real

property, under an agreement for the sale thereof, has a special

lien upon the property, independent of possession, for such part of

the amount paid as he may be entitled to recover back in case of a

failure of consideration.

R.L. 1910, § 3851.
Okla. Stat. tit. 42, § 42-15 — OK Code / Title 42 / Section 42-15
Priority of liens according to date
Status: in_force

Other things being equal, different liens upon the same property

have priority according to the time of their creation, except in

cases of bottomry and respondentia.

R.L. 1910, § 3836.
Okla. Stat. tit. 42, § 42-147.1 — OK Code / Title 42 / Section 42-147.1
Discharge of lien
Status: in_force

Oklahoma Statutes - Title 42. Liens Page 52

Any property owner or other interested party, including but not

limited to mortgagees, contractors, subcontractors and others

against whom a lien claim is filed under the provisions of the law

relating to mechanics' and materialmen's liens, may at any time

discharge the lien by depositing with the county clerk in whose

office the lien claim has been filed either: An amount of money

equal to one hundred twenty-five percent (125%) of the lien claim

amount; or a corporate surety bond with a penal amount equal to one

hundred twenty-five percent (125%) of the lien claim amount. Within

three (3) business days after the deposit of money or bond is made,

the county clerk shall serve upon the lien claimant, at the address

shown on the lien claim, written notice setting forth: The number

of the lien claim; the name of the lien claimant; the name of the

property owner; the name of the alleged debtor, if someone other

than the property owner; the property description shown on the lien

claim; and the amount of cash deposited or, if a bond is filed, the

names of the principal and surety and the bond penalty. The party

seeking to discharge the lien shall prepare and deliver the notice

to the county clerk and pay a fee in accordance with Section 32 of

Title 28 of the Oklahoma Statutes. An abbreviated notice may be

used if the same refers to and encloses a copy of the lien claim and

either a copy of the cash receipt issued by the county clerk or a

copy of the bond with the clerk's filing stamp thereon. The notice

shall be mailed by registered or certified mail at the option of the

county clerk.

If cash is deposited, the county clerk shall immediately show

the lien released of record. If a bond is deposited, the lien

claimant shall have ten (10) days after the notice is mailed within

which to file a written objection with the county clerk. If a

written objection is not timely filed the county clerk shall

immediately show the lien released of record. If an objection is

timely made, the county clerk shall set a hearing within ten (10)

days thereafter and notify by ordinary mail both the lien claimant

and the party making the deposit of the date and time thereof. The

only grounds for objection shall be that: The surety is not

authorized to transact business in this state; the bond is not

properly signed; the penal amount is less than one hundred twenty-

five percent (125%) of the claim; the power of attorney of the

surety's attorney-in-fact does not authorize the execution; there is

no power of attorney attached if the bond is executed by anyone

other than the surety's president and attested by its secretary; or

a cease and desist order has been issued against the surety either

by the Insurance Commissioner or a court of competent jurisdiction.

Within two (2) business days following the hearing the county clerk

shall either sustain or overrule the objections and notify the

parties of the county clerk's ruling by ordinary mail. If the

objections are sustained, the ruling of the county clerk shall be

Oklahoma Statutes - Title 42. Liens Page 53

conclusive for lien release purposes unless appealed within ten (10)

days to the district court. If the objections are overruled, the

county clerk shall immediately show the lien released of record.

The bond shall: Name the lien claimant as obligee and the party

seeking the release as principal; be executed by both the principal

and the surety; have a proper power of attorney attached if executed

by an attorney-in-fact; be executed by a corporate surety authorized

to transact business in this state; and be conditioned that the

principal and surety will pay the full amount of the claim as

established in any appropriate court proceeding, plus any court

costs and attorney fees awarded the lien claimant, but in no event

shall the liability of the principal or surety under the bond exceed

the bond penalty. The preceding clause shall not limit the common

law liability of the party who created the indebtedness upon which

the lien claim is based. The conditions of any bond filed pursuant

to this section shall be deemed to comply with the requirements

hereof, regardless of the language or limitations set forth therein,

if both the principal and surety intend that the bond be filed to

secure a lien release under this section.

The cash deposit or bond, as the case may be, shall stand in

lieu of the released lien, and the lien claimant must proceed

against the substituted security in the same time and manner as is

required for foreclosure of a lien claim. The cash deposit or bond

shall stand liable for such principal, interest, court costs and

attorney fees to the extent they could be awarded in a lien

foreclosure proceeding.

The only proper parties to an action against the substituted

security are: The party making the cash deposit; the bond principal

and surety; the party primarily liable for the indebtedness giving

rise to the lien claim; and anyone else who may be liable to the

lien claimant for the same indebtedness. The party making the cash

deposit and the bond principal and surety are necessary parties to

an action against the substituted security, and by making a deposit

or filing a bond the parties subject themselves to personal

jurisdiction in the court where the action is properly filed and may

be served with process as in other cases.

If the lien claimant fails to timely file a foreclosure action,

upon application of the party making the deposit or filing the bond

and the payment of a fee of Ten Dollars ($10.00), the county clerk

shall return the cash to the party making the deposit or

appropriately note on the bond that the same has been released. The

clerk shall not incur liability to any lien claimant for an

inadvertent release of cash or bond. At the end of five (5) years

and after the county clerk has attempted written notification to the

lien claimant at the address shown on the lien claim, if no

foreclosure has been commenced by the lien claimant or such money

has not been withdrawn upon application of the depositing party, the

Oklahoma Statutes - Title 42. Liens Page 54

cash deposit plus all accrued interest shall be forfeited to the

county general fund.

Nothing contained in this section shall preclude the lien

claimant and other interested parties from entering into agreements

for the substitution of a different form of security in lieu of the

lien claim.

The county clerk shall invest the deposited cash in the manner

provided for county treasurers in Section 348.1 of Title 62 of the

Oklahoma Statutes. Any interest earned thereon shall become a part

of the deposit and be either returned to the party making the

deposit, if no action is filed, or paid in accordance with any final

judgment rendered by the court in the action against the substituted

security. If a district court judgment adverse to the depositing

party is entered, in setting the amount of supersedeas bond the

court shall take into consideration the existing cash deposit or

bond.
Okla. Stat. tit. 42, § 42-92 — OK Code / Title 42 / Section 42-92
Laborer's lien on products of labor
Status: in_force

Laborers who perform work and labor for any person under a

verbal or written contract, if unpaid for the same, shall have a

lien on the production of their labor, for such work and labor;

Provided, that such lien shall attach only while the title to the

property remains in the original owner.
Okla. Stat. tit. 42, § 42-18 — OK Code / Title 42 / Section 42-18
Persons entitled to redeem lien - Federal right of first
Status: in_force

refusal - Rule of construction.

Every person having an interest in property subject to a lien,

has a right to redeem it from the lien, at any time after the claim

is due, and before his right of redemption is foreclosed.

B. Neither this section nor any existing or future order or

regulation of any entity of state government or case law or common

law shall be construed as limiting or diminishing any federally

guaranteed "right of first refusal" granted by the Agricultural

Credit Act of 1987 (P.L. 100-233).

R.L. 1910, § 3839; Laws 1988, c. 100, § 1, emerg. eff. April 1,

1988.
Okla. Stat. tit. 42, § 42-131 — OK Code / Title 42 / Section 42-131
Lien provided for work
Status: in_force

Blacksmiths, wheelwrights and horseshoers who perform work and

labor for any person, if unpaid for same, shall have an absolute

lien, subject to all prior liens, on the product of their labor and

upon all wagons, carriages, automobiles, implements and other

articles repaired, or horses, or other animals shod by them, for all

sums of money due for such work or labor and for any material

furnished by them and used in such product, repairs or shoeing.
Okla. Stat. tit. 42, § 42-201 — OK Code / Title 42 / Section 42-201
Short title
Status: in_force

This act shall be known and may be cited as the “Commercial Real

Estate Broker Lien Act”.

Oklahoma Statutes - Title 42. Liens Page 68
Okla. Stat. tit. 42, § 42-199 — OK Code / Title 42 / Section 42-199
Other rights not impaired or affected
Status: in_force

Nothing in this act shall be construed as in any manner

impairing or affecting the right of parties to create liens by

special contract or agreement, nor shall it in any manner affect or

impair other liens arising at common law in equity, or by any

statute of this state.
Okla. Stat. tit. 42, § 42-194 — OK Code / Title 42 / Section 42-194
Duty of care - Disclosure
Status: in_force

A. The duty of care an owner must exercise with respect to

personal property located in a self-service storage facility is

ordinary care only.

B. Each owner of a self-service storage facility shall provide

a disclosure in the rental agreement, in conspicuous terms and in a

conspicuous manner, that the occupant has a duty to safeguard the

personal property located in a self-service storage facility from

losses and that the owner has no legal obligation to provide

insurance to protect the personal property from loss.

C. No owner of a self-service storage facility shall be liable

for loss sustained by an occupant as a result of theft committed by

a third party provided that ordinary care was exercised.

D. If the rental agreement contains a limit on the value of

property stored in an occupant's space, such limit shall be deemed

to be the maximum value of the stored property and the maximum

liability of the owner for any claim for loss of or damage to stored

property.
Okla. Stat. tit. 42, § 42-95 — OK Code / Title 42 / Section 42-95
Time for enforcement
Status: in_force

The proceedings under this act shall be commenced within eight

(8) months after the work is done.
Okla. Stat. tit. 42, § 42-148 — OK Code / Title 42 / Section 42-148
Lien on mining property for work thereon
Status: in_force

All miners and other employees engaged in the work of developing

and opening up coal mines, sinking of shafts, or construction of

slopes or drifts, the driving of entries, mining in coal, and every

mechanic, builder, artisan, workman, laborer or other person who

performs any work or labor in and about such mines, shall have as

security for such work and labor performed, a lien therefor upon the

buildings, machinery, equipment, inside or outside, income,

franchises, leases or subleases and all other appurtenances and all

property of the person, owner, agent, firm or corporation owning,

constructing or operating such mine or mines, and all property in

their possession or under their control, or permitted by the owner

to be used in the construction or operation thereof, superior or

paramount, whether prior in time or not, to that of all persons

interested in such mines as managers, lessees, sublessees,

operators, mortgagees, trustees and beneficiaries under trust, or

owners.
Okla. Stat. tit. 42, § 42-162 — OK Code / Title 42 / Section 42-162
Limitations
Status: in_force

The lien mentioned in the preceding section shall not be

effectual unless suit shall be brought upon the claim within one (1)

year after it accrued.

R.L. 1910, § 3869.
Okla. Stat. tit. 42, § 42-28 — OK Code / Title 42 / Section 42-28
Validity of liens of vendors and purchasers
Status: in_force

The liens defined in Sections 3847 and 3851 are valid against

everyone claiming under the debtor, except a purchaser or

encumbrancer in good faith, and for value.

R.L. 1910, § 3849.
Okla. Stat. tit. 42, § 42-19 — OK Code / Title 42 / Section 42-19
Holder of inferior lien - Redemption
Status: in_force

One who has a lien, inferior to another upon the same property,

has a right:

1. To redeem the property in the same manner as its owner

might, from the superior lien; and,

2. To be subrogated to all the benefits of the superior lien

when necessary for the protection of his interests, upon satisfying

the claim secured thereby.

R.L. 1910, § 3840.
Okla. Stat. tit. 42, § 42-46 — OK Code / Title 42 / Section 42-46
Physician's lien
Status: in_force

A. Every physician who performs medical services or any other

professional person who engages in the healing arts, within their

scope of practice pursuant to Title 59 of the Oklahoma Statutes for

any person injured as a result of the negligence or act of another,

shall, if the injured person asserts or maintains a claim against

such other person for damages on account of such injuries, have a

lien for the amount due for such medical or healing arts services

upon that part going or belonging to the injured person of any

recovery or sum had or collected or to be collected by the injured

person, or by the heirs, personal representative, or next of kin of

the injured person in the event of his death, whether by judgment,

settlement, or compromise. Such lien shall be inferior to any lien

Oklahoma Statutes - Title 42. Liens Page 12

or claim of any attorney handling the claim for or on behalf of the

injured person. The lien shall not be applied or considered valid

against any claim for amounts due pursuant to the provisions of

Title 85A of the Oklahoma Statutes.

B. In addition to the lien provided for in subsection A of this

section, every physician or professional person licensed under Title

59 of the Oklahoma Statutes who performs medical or healing arts

within their scope of practice for any person injured as a result of

the negligence or act of another, shall have, if the injured person

asserts or maintains a claim against an insurer, a lien for the

amount due for such medical or healing arts services upon any monies

payable by the insurer to the injured person.

C. No lien which is provided for in this section shall be

effective unless, before the payment of any monies to the injured

person, the attorney for the injured person, or legal representative

as compensation for such injuries or death:

1. A written notice is sent setting forth a statement of the

amount claimed, identifying the insurance policy or policies against

which the lien is asserted, if any, and containing the name and

address of the physician or professional person licensed under Title

59 of the Oklahoma Statutes claiming the lien, the injured person,

and the person, firm, or corporation against whom the claim is made,

is filed on the mechanic's and materialman's lien docket in the

office of the county clerk of the county where the principal office

of the physician or professional person licensed under Title 59 of

the Oklahoma Statutes is located; and

2. The physician or professional person licensed under Title 59

of the Oklahoma Statutes sends, by registered or certified mail,

postage prepaid, a copy of such notice with a statement of the date

of filing thereof to the person, firm, or corporation against whom

the claim is made and to the injured person. The physician or

professional person licensed under Title 59 of the Oklahoma Statutes

shall also send a copy of the notice to the attorney for the injured

person, if the name and address of such attorney is known to the

physician or professional person licensed under Title 59 of the

Oklahoma Statutes.

D. The liens provided for in this section may be enforced by

civil action in the district court of the county where the lien was

filed. Such an action shall be brought within one (1) year after

the physician or professional person licensed under Title 59 of the

Oklahoma Statutes becomes aware of final judgment, settlement or

compromise of the claim asserted or maintained by or on behalf of

the injured person. The practice, pleading, and proceedings in the

action shall conform to the rules prescribed by the Oklahoma

Pleading Code to the extent applicable.

Oklahoma Statutes - Title 42. Liens Page 13
Okla. Stat. tit. 42, § 42-3 — OK Code / Title 42 / Section 42-3
General lien
Status: in_force

A general lien is one which the holder thereof is entitled to

enforce as a security for the performance of all the obligations, or

all of a particular class of obligations, which exist in his favor

against the owner of the property.

R.L. 1910, § 3824.
Okla. Stat. tit. 42, § 42-202 — OK Code / Title 42 / Section 42-202
Definitions
Status: in_force

As used in this act:

1. “Commercial real estate” means any real estate other than:

a. real estate containing one to four residential units,

or

b. real estate on which no buildings or structures are

located and which is zoned for single-family

residential use.

Commercial real estate shall not include single-family

residential units such as condominiums, town houses, or homes in a

subdivision when sold, leased, or otherwise conveyed on a unit-by-

unit basis, even though these units may be a part of a larger

building or parcel of real estate containing more than four

residential units;

2. “Commission” means any and all compensation which may be due

a broker for performance of licensed services; and

3. “Real estate broker” shall be defined pursuant to Section

858-102 of Title 59 of the Oklahoma Statutes.
Okla. Stat. tit. 42, § 42-114 — OK Code / Title 42 / Section 42-114
Statement furnished owner by thresher - Forfeiture on
Status: in_force

failure to comply.

Any person operating a threshing or combining machine, shall

furnish the owner of the crop a statement showing the number of

bushels of each kind of grain or seed and/or the number of acres

threshed or combined, price per bushel and/or the price per acre and

credits due; provided, that any person operating a threshing or

combining machine who fails or refuses to comply with the provisions

of this section, shall forfeit his right to the lien herein provided

for.
Okla. Stat. tit. 42, § 42-8 — OK Code / Title 42 / Section 42-8
Lien on future interest
Status: in_force

An agreement may be made to create a lien upon property not yet

acquired by the party agreeing to give the lien, or not yet in

existence. In such case the lien agreed for attaches from the time

when the party agreeing to give it acquires an interest in the thing

to the extent of such interest.

R.L. 1910, § 3829.
Okla. Stat. tit. 42, § 42-39 — OK Code / Title 42 / Section 42-39
Keeper of inn, hotel, boardinghouse, or rooming house -
Status: in_force

Lien on baggage and other property - Limitation - Enforcement.

The keeper of any inn, hotel, boardinghouse, or rooming house,

whether individual, partnership or corporation, shall have a lien on

the baggage and other property in and about such inn, brought to the

same by or under the control of his guest or boarders for the proper

charges due him from such guests or boarders for accommodation,

board and lodging, and for all money paid for or advanced to them,

not to exceed the sum of Two Hundred Dollars ($200.00), and for such

other extras as are furnished at the request of such guests, and

said innkeeper, hotelkeeper or rooming house keeper shall have the

right to detain such baggage and other property until the amount of

such charges are paid and such baggage and other property shall be

exempt from attachment or execution until such innkeeper's lien and

the cost of satisfying it are paid. The innkeeper, boardinghouse or

hotelkeeper or rooming house keeper shall retain such baggage and

other property upon which he has a lien for a period of ninety (90)

days, at the expiration of which time, if the lien is not satisfied,

he may sell such baggage and other property at public auction, first

giving notice of the time and place of sale by posting at least

three notices thereof in public places in the county where the inn

or hotel is situated, and also by mailing a copy of such notice

addressed to said guest or boarder at the place of residence

designated by the register of such inn or hotel. And after

satisfying the lien and any costs that may accrue, any residue

remaining shall, on demand, within six (6) months, be paid to such

guest or boarder, and if not so demanded within six (6) months from

Oklahoma Statutes - Title 42. Liens Page 9

date of sale, such residue shall be deposited by such innkeeper with

the treasurer of the county; said residue shall be retained by the

county treasurer for a period of one (1) year, and if not claimed

within that time by the owner thereof, it shall be placed to the

credit of the school fund.
Okla. Stat. tit. 42, § 42-193 — OK Code / Title 42 / Section 42-193
Applicability of Article 7 of Commercial Code
Status: in_force

If an owner issues any warehouse receipt, bill of lading, or

other document of title for the personal property stored, the owner

and the occupant are subject to the provisions of Article 7 of Title

12A of the Oklahoma Statutes, and the provisions of this act are not

applicable.
Okla. Stat. tit. 42, § 42-104 — OK Code / Title 42 / Section 42-104
Enforcement and foreclosure of liens on farm equipment
Status: in_force

A lien granted under Section 1 of this act with respect to farm

equipment may be enforced and foreclosed in the same manner as

security agreements pursuant to the Uniform Commercial Code. Any

legal action taken by or on behalf of a lien claimant to enforce or

foreclose any such lien filed in the office of the county clerk

shall be commenced within one (1) year of the date the lien was

filed or the lien shall be void. For purposes of this section,

publication or delivery of a notice of sale under the Uniform

Commercial Code shall constitute the commencement of legal action to

enforce or foreclose a lien granted under Section 1 of this act.

Reasonable attorney fees and legal expenses incurred by the lien

claimant to claim, enforce and foreclose the lien granted under

Section 1 of this act shall be included in the amount secured by

such lien. After five (5) years from the date the lien was filed,

the county clerk of the county where the lien is filed shall remove

the lien from the records.
Okla. Stat. tit. 42, § 42-22 — OK Code / Title 42 / Section 42-22
Sale or conversion of property extinguishes lien
Status: in_force

The sale of any property on which there is a lien, in

satisfaction of the claim secured thereby, or, in case of personal

property, its wrongful conversion by the person holding the lien,

extinguishes the lien thereon.

R.L. 1910, § 3843.
Okla. Stat. tit. 42, § 42-23 — OK Code / Title 42 / Section 42-23
Limitation of time
Status: in_force

A lien is extinguished by the mere lapse of the time within

which, under the provisions of civil procedure, an action can be

brought upon the principal obligation.

R.L. 1910, § 3844.
Okla. Stat. tit. 42, § 42-174 — OK Code / Title 42 / Section 42-174
Consolidation of actions and stay of trial
Status: in_force

If several actions brought to enforce the liens herein provided

for are pending at the time, the court may order them to be

consolidated; and in any action brought to enforce a lien, if the

building or other improvement is still in course of construction,

the court, on application of any party engaged in furnishing labor

or materials for such building or improvement, may stay the trial

Oklahoma Statutes - Title 42. Liens Page 59

thereof for a reasonable time to permit the filing of a lien

statement by such party as herein provided.

R.L. 1910, § 3875.
Okla. Stat. tit. 42, § 42-198 — OK Code / Title 42 / Section 42-198
Residential use prohibited
Status: in_force

No occupant shall use a self-service storage facility for

residential purposes.
Okla. Stat. tit. 42, § 42-11 — OK Code / Title 42 / Section 42-11
Contracts for forfeiture of property and restraining
Status: in_force

redemption.

All contracts for the forfeiture of property subject to a lien,

in satisfaction of the obligation secured thereby, and all contracts

in restraint of the right of redemption from a lien, are void,

except in the case specified in Section 1122.

R.L. 1910, § 3832.
Okla. Stat. tit. 42, § 42-161 — OK Code / Title 42 / Section 42-161
Right to lien against railroads
Status: in_force

Every mechanic, builder, artisan, workman, laborer, or other

person, who shall do or perform any work or labor upon, or furnish

any materials, machinery, fixtures or other thing towards the

equipment, or to facilitate the operation of any railroad, shall

have a lien therefor upon the roadbed, buildings, equipments,

income, franchises, and all other appurtenances of said railroad,

superior and paramount, whether prior in time or not, to that of all

persons interested in said railroad as managers, lessees,

mortgagees, trustees beneficiaries under trusts or owners.

R.L. 1910, § 3868.
Okla. Stat. tit. 42, § 42-90 — OK Code / Title 42 / Section 42-90
Notice preparers to register and submit annual fee
Status: in_force

A person or persons charging a fee for the preparation or

assistance in preparation of notices required by Chapter 2 of Title

42 of the Oklahoma Statutes, other than a person licensed under

Title 5 of the Oklahoma Statutes, shall register with and submit a

fifty-dollar annual fee to Service Oklahoma; provided, however, such

Oklahoma Statutes - Title 42. Liens Page 15

requirements shall not apply to a lawful possessor or employee of a

lawful possessor of the property for which such notices are issued.

All documentation related to notices prepared by a person required

to register pursuant to this section shall include the name of the

person. A penalty of One Hundred Dollars ($100.00) shall be imposed

upon a person who prepares or assists in the preparation of notices

in violation of the requirements of this section. Service Oklahoma

shall promulgate rules to effectuate the requirements of this

section.
Okla. Stat. tit. 42, § 42-16 — OK Code / Title 42 / Section 42-16
Priority of mortgage for price of realty
Status: in_force

A mortgage given for the price of real property, at the time of

its conveyance, has priority over all other liens created against

the purchaser, subject to the operation of the recording laws.

R.L. 1910, § 3837.

Oklahoma Statutes - Title 42. Liens Page 5
Okla. Stat. tit. 42, § 42-146 — OK Code / Title 42 / Section 42-146
Enforcement of lien on oil and gas wells
Status: in_force

The liens created by Sections 144 and 145 of this title shall be

enforced pursuant to the provisions of Sections 171 through 178 of

this title. Notice of the lien shall be given and the materialman's

statement or the lien of any laborer shall be filed, in the same

manner as is provided for in Sections 141 through 143.4 of this

title, except that Section 142.6 of this title shall not apply to

liens created pursuant to Sections 144 and 145 of this title and the

statement required to be filed in the office of the county clerk

pursuant to Section 143 of this title as to liens created pursuant

to Sections 144 and 145 of this title shall be filed within one

hundred eighty (180) days after the date upon which material,

machinery or supplies were last furnished or labor or services last

performed under the relevant contract or subcontract, whichever the

case may be. A lien created pursuant to Sections 144 and 145 of

this title shall affect only the oil and gas leasehold estate and

shall not constitute a lien against or otherwise affect any other

interest in the real property involved, except if the owner of an

oil, gas or other mineral interest therein shall also own a working

interest in a well located thereon, such lien shall attach to said

working interest.
Okla. Stat. tit. 42, § 42-43 — OK Code / Title 42 / Section 42-43
Hospital liens in personal injury cases - Priority -
Status: in_force

Exception.

A. Every hospital in this state, which shall furnish emergency

medical or other service to any patient injured by reason of an

accident not covered by the Workers' Compensation Code, shall, if

such injured party shall assert or maintain a claim against another

for damages on account of such injuries, have a lien upon any

recovery or sum had or collected or to be collected by such patient,

or by his or her heirs, personal representatives or next of kin in

the case of his or her death, whether by judgment or by settlement

or compromise to the amount of the reasonable and necessary charges

of such hospital for the treatment, care and maintenance of such

patient in such hospital up to the date of payment of such damages.

Provided, however, the lien shall be inferior to any lien or claim

of any attorney or attorneys for handling the claim on behalf of

such patient, his or her heirs or personal representatives;

provided, further, that the lien herein set forth shall not be

applied or considered valid against any claim for amounts due under

the Workers' Compensation Code in this state.

B. In addition to the lien provided for in subsection A of this

section, every hospital in this state, which shall furnish emergency

medical or other service to any patient injured by reason of an

accident not covered by the Workers' Compensation Code, shall have,

if the injured person asserts or maintains a claim against an

insurer, a lien for the amount due for the emergency medical or

other service upon any monies payable by the insurer to the injured

person. Provided, however, the lien shall be inferior to any lien

or claim of any attorney or attorneys for handling the claim on

behalf of such patient, his or her heirs or personal

representatives; provided, further, that the lien herein set forth

shall not be applied or considered valid against any claim for

amounts due under the Workers' Compensation Code in this state.

Oklahoma Statutes - Title 42. Liens Page 10

C. This section shall apply, in medically referred cases, to a

medical diagnostic imaging facility not affiliated with a hospital

that provides diagnostic imaging that includes, but is not limited

to, modalities such as Magnetic Resonance Imaging (MRI), Computed

Tomography (CT) and Positron Emission Tomography (PET).
Okla. Stat. tit. 42, § 42-100 — OK Code / Title 42 / Section 42-100
Foreclosure of liens
Status: in_force

Said lien may be foreclosed by the sale of the property so

covered any time within twelve (12) months in the same manner

provided by law for the foreclosure of chattel mortgages.
Okla. Stat. tit. 42, § 42-117 — OK Code / Title 42 / Section 42-117
Selling in violation of lien
Status: in_force

Any person selling or disposing of property covered by such

lien, except as provided in Section 6 of this act, without the

written consent of the owner of such lien, shall be guilty of

misdemeanor.
Okla. Stat. tit. 42, § 42-178 — OK Code / Title 42 / Section 42-178
Proceeds insufficient
Status: in_force

Oklahoma Statutes - Title 42. Liens Page 60

If the proceeds of the sale be insufficient to pay all the

claimants, then the court shall order them to be paid in proportion

to the amount due each.

R.L. 1910, § 3879.
Okla. Stat. tit. 42, § 42-172 — OK Code / Title 42 / Section 42-172
Enforcement by civil actions - Limitations - Practice,
Status: in_force

pleading and proceeding - Amendment of lien statement.

Any lien provided for by this chapter may be enforced by civil

action in the district court of the county in which the land is

situated, and such action shall be brought within one (1) year from

the time of the filing of said lien with the county clerk. The

practice, pleading and proceedings in such action shall conform to

the rules prescribed by the code of civil procedure as far as the

same may be applicable; and in case of action brought, any lien

statement may be amended by leave of court in furtherance of justice

as pleadings may be in any matter, except as to the amount claimed.

R.L. 1910, § 3873; Laws 1935, p. 226, § 1; Laws 1977, c. 207, § 13,

eff. Oct. 1, 1977.
Okla. Stat. tit. 42, § 42-144.2 — OK Code / Title 42 / Section 42-144.2
Trust funds for payment of lienable claims
Status: in_force

A. Except as provided by subsection D of this section, the

amount payable under any oil and gas well drilling contract,

reworking contract, operating agreement, or monies payable as a

condition of participation in the drilling of an oil and gas well

under the terms of a pooling order issued by the Oklahoma

Corporation Commission shall, upon receipt by any oil and gas well

operator, contractor or subcontractor, be held by such operator as

trust funds for the payment of all lienable claims due and owing by

such operator, contractor or subcontractor by reason of such

drilling contract, reworking contract, operating agreement, or force

pooling order.

B. The trust funds created under subsection A of this section

shall be applied to the payment of said valid lienable claims and no

portion thereof shall be used for any other purpose until all

lienable claims due and owing or to become due and owing shall have

been paid.

C. The existence of such trust funds shall not prohibit the

filing or enforcement of any labor, mechanic or materialmen's lien

against the affected real property by any lien claimant, nor shall

the filing of such a lien release the holder of such funds from the

obligations created under this section.

D. The provisions of this section shall not be applicable or

affect payments owed to royalty owners by the operator of an oil or

gas well and shall not affect or alter the terms or provisions of

Section 87.1 of Title 52 of the Oklahoma Statutes.

Oklahoma Statutes - Title 42. Liens Page 51
Okla. Stat. tit. 42, § 42-142 — OK Code / Title 42 / Section 42-142
Statement to be filed
Status: in_force

Any person claiming a lien as aforesaid shall file in the office

of the county clerk of the county in which the land is situated a

statement setting forth the amount claimed and the items thereof as

nearly as practicable, the names of the owner, the contractor, the

claimant, and a legal description of the property subject to the

lien, verified by affidavit. Such statement shall be filed within

four (4) months after the date upon which material or equipment used

on said land was last furnished or labor last performed under

contract as aforesaid; and if the claim be for the planting of any

trees, vines, plants, or hedge, such statement shall be filed within

four (4) months from such planting. Immediately upon the receipt of

such statement the county clerk shall enter a record of the same

against the tract index and in a book kept for that purpose, to be

called the mechanics' lien journal, which shall be ruled off into

separate columns, with headings as follows: "When filed", "Name of

owner", "Name of claimant", "Amount claimed", "Legal description of

property", and "Remarks", and the clerk shall make the proper entry

in each column.

R.L. 1910, § 3863; Laws 1977, c. 207, § 7, eff. Oct 1, 1977; Laws

1978, c. 133, § 3, eff. Oct. 1, 1978; Laws 1980, c. 216, § 2, emerg.

eff. May 30, 1980.
Okla. Stat. tit. 42, § 42-141 — OK Code / Title 42 / Section 42-141
Right to lien - Priority - Enforceablility against
Status: in_force

property - Constructive notice.

Any person who shall, under oral or written contract with the

owner of any tract or piece of land, perform labor, furnish material

or lease or rent equipment used on said land for the erection,

alteration or repair of any building, improvement or structure

thereon or perform labor in putting up any fixtures, machinery in,

or attachment to, any such building, structure or improvements; or

who shall plant any tree, vines, plants or hedge in or upon such

land; or who shall build, alter, repair or furnish labor, material

or lease or rent equipment used on said land for buildings,

altering, or repairing any fence or footwalk in or upon said land,

or any sidewalk in any street abutting such land, shall have a lien

upon the whole of said tract or piece of land, the buildings and

appurtenances in an amount inclusive of all sums owed to the person

at the time of the lien filing, including, without limitation,

applicable profit and overhead costs. If the title to the land is

not in the person with whom such contract was made, the lien shall

be allowed on the buildings and improvements on such land separately

from the real estate. Such liens shall be preferred to all other

liens or encumbrances which may attach to or upon such land,

buildings or improvements or either of them subsequent to the

commencement of such building, the furnishing or putting up of such

fixtures or machinery, the planting of such trees, vines, plants or

hedges, the building of such fence, footwalk or sidewalks, or the

making of any such repairs or improvements; and such lien shall

follow said property and each and every part thereof, and be

enforceable against the said property wherever the same may be

found, and compliance with the provisions of this act shall

constitute constructive notice of the claimant’s lien to all

purchasers and encumbrancers of said property or any part thereof,

subsequent to the date of the furnishing of the first item of

material or the date of the performance of the first labor or the

first use of the rental equipment on said land.

R.L. 1910, § 3862. Amended by Laws 1919, c. 258, p. 367, § 1; Laws

1923, c. 54, p. 97, § 1; Laws 1977, c. 207, § 6, eff. Oct. 1, 1977;
Okla. Stat. tit. 42, § 42-25 — OK Code / Title 42 / Section 42-25
Voluntary restoration as extinguishing lien
Status: in_force

The voluntary restoration of property to its owner, by the

holder of a lien thereon, dependent upon possession, extinguishes

the lien as to such property, unless otherwise agreed by the

parties, and extinguishes it, notwithstanding any such agreement, as

to creditors of the owner and persons subsequently acquiring title

to the property, or a lien thereon, in good faith and for a good

consideration.

R.L. 1910, § 3846.
Okla. Stat. tit. 42, § 42-152 — OK Code / Title 42 / Section 42-152
Proceeds of building or remodeling contracts, mortgages or
Status: in_force

warranty deeds as trust funds for payment of lienable claims.

(1) The amount payable under any building or remodeling contract

shall, upon receipt by any contractor or subcontractor, be held as

trust funds for the payment of all lienable claims due and owing or

to become due and owing by such contractors or subcontractors by

reason of such building or remodeling contract.

(2) The monies received under any mortgage given for the purpose

of construction or remodeling any structure shall upon receipt by

the mortgagor be held as trust funds for the payment of all valid

lienable claims due and owing or to become due and owing by such

mortgagor by reason of such building or remodeling contract.

(3) The amount received by any vendor of real property under a

warranty deed shall, upon receipt by the vendor, be held as trust

funds for the payment of all valid lienable claims due and owing or

to become due and owing by such vendor or his predecessors in title

by reason of any improvements made upon such property within four

(4) months prior to the delivery of said deed.
Okla. Stat. tit. 42, § 42-206 — OK Code / Title 42 / Section 42-206
Notice of lien - Contents
Status: in_force

The notice of lien shall state the name of the claimant, the

name of the owner, a description of the property upon which the lien

is being claimed, the amount for which the lien is claimed, and the

license number of the real estate broker. The notice of lien shall

recite that the information contained in the notice is true and

accurate to the knowledge of the signators. The notice of lien

shall be signed by the broker or by a person authorized to sign on

behalf of the broker and shall be notarized.
Okla. Stat. tit. 42, § 42-207 — OK Code / Title 42 / Section 42-207
Release or satisfaction of lien - Demand for suit to
Status: in_force

enforce lien - Alternate dispute resolution - Attorneys' fees, costs

and interest.

A. Whenever a notice of lien has been filed with the county

clerk and a condition occurs that would preclude the broker from

receiving compensation under the terms of the written agreement on

which the lien is based, the broker shall provide to the owner of

record a written release or satisfaction of the lien.

Oklahoma Statutes - Title 42. Liens Page 71

B. An owner, lienee, or other authorized agent may serve

written demand on the broker claiming the lien requiring the broker

to file suit to enforce the lien. Upon receipt of the written

demand, the broker shall file suit within thirty (30) days, or the

lien shall be extinguished. Service of such written demand may be

made by registered or certified mail, return receipt requested, or

by personal service.

C. Whenever a notice of lien has been filed with the county

clerk and such claimed commission has been paid to the broker

claiming the lien, or where there is failure to institute a suit to

enforce the lien within the time provided by this act, the broker

shall acknowledge satisfaction or release of the notice of lien in

writing, on written demand of the owner within five (5) days after

payment or within five (5) days of expiration of the time in which

the notice of lien was to be filed.

D. If the broker and the party or parties from whom the

commission is claimed agree to alternative dispute resolution, the

claim shall be heard and resolved in the forum on which these

parties have agreed. The court before which the lien foreclosure

proceeding is brought shall retain jurisdiction to enter judgment on

the award or other result made or reached on alternative dispute

resolution on all parties to the foreclosure. The broker’s notice

of lien shall remain of record and the foreclosure proceeding shall

be stayed during the pendency of the resolution process.

E. The cost of proceedings brought under this act, including

reasonable attorney fees, costs, and prejudgment interest due to the

prevailing party, shall be borne by the nonprevailing party or

parties. When more than one party is responsible for costs, fees,

and prejudgment interest, the costs, fees, and prejudgment interest

shall be equitably appointed by the court or tribunal among those

responsible parties.
Okla. Stat. tit. 42, § 42-116 — OK Code / Title 42 / Section 42-116
Sale for purpose of paying threshing or combining bill
Status: in_force

The owner, when said seed or grain is not mortgaged, and the

owner with the written consent of the mortgagee, when said seed or

grain is mortgaged, may sell or dispose of not to exceed twenty

percent (20%) of said grain or seed for the purpose of paying the

threshing or combining bill.
Okla. Stat. tit. 42, § 42-13 — OK Code / Title 42 / Section 42-13
Extent of lien limited
Status: in_force

The existence of a lien upon property does not of itself entitle

the person, in whose favor it exists, to a lien upon the same

property for the performance of any other obligation than that which

the lien originally secured.

R.L. 1910, § 3834.
Okla. Stat. tit. 42, § 42-17 — OK Code / Title 42 / Section 42-17
Order of resort for payment of prior liens
Status: in_force

Where one has a lien upon several things, and other persons have

subordinate liens upon or interests in, some but not all of the same

things, the person having the prior lien, if he can do so without

the risk of loss to himself, or injustice to other persons, must

resort to the property in the following order, on the demand of any

party interested:

1. To the things upon which he has an exclusive lien.

2. To the things which are subject to the fewest subordinate

liens.

3. In like manner inversely to the number of subordinate liens

upon the same thing; and,

4. When several things are within one of the foregoing classes,

and subject to the same number of liens, resort must be had,-

(a) To the things which have not been transferred since the

prior lien was created.

(b) To the things which have been so transferred without a

valuable consideration; and,

(c) To the things which have been so transferred for a valuable

consideration.

R.L. 1910, § 3838.
Okla. Stat. tit. 42, § 42-34 — OK Code / Title 42 / Section 42-34
Other liens
Status: in_force

Innkeepers, boarding housekeepers, attorneys-at-law and others,

have liens which are defined and regulated.

R.L. 1910, § 3856.
Okla. Stat. tit. 42, § 42-102 — OK Code / Title 42 / Section 42-102
Discharge of lien when satisfied
Status: in_force

It shall be the duty of the holder of the lien under this act

when the same is satisfied to immediately file a notice of discharge

Oklahoma Statutes - Title 42. Liens Page 39

thereof with the county clerk of the county wherein the lien is

filed. Failure to do so shall subject the holder of the lien to a

fine of not less than Twenty-five Dollars ($25.00) nor more than One

Hundred Dollars ($100.00).
Okla. Stat. tit. 42, § 42-153 — OK Code / Title 42 / Section 42-153
Payment of lienable claims
Status: in_force

Oklahoma Statutes - Title 42. Liens Page 56

A. The trust funds created under Section 152 of this title

shall be applied to the payment of said valid lienable claims and no

portion thereof shall be used for any other purpose until all

lienable claims due and owing or to become due and owing shall have

been paid.

B. If the party receiving any money under Section 152 of this

title is an entity having the characteristics of limited liability

pursuant to law, such entity and the natural persons having the

legally enforceable duty for the management of the entity shall be

liable for the proper application of such trust funds and subject to

punishment under Section 1451 of Title 21 of the Oklahoma Statutes;

provided, however, if the value of the property embezzled is Fifteen

Thousand Dollars ($15,000.00) or more, the party shall, upon

conviction, be guilty of a Class C2 felony offense and shall be

punished by imprisonment as provided for in subsections B through F

of Section 20M of Title 21 of the Oklahoma Statutes. If the value

of the property embezzled is not less than One Thousand Dollars

($1,000.00) nor more than Two Thousand Five Hundred Dollars

($2,500.00), the party shall, upon conviction, be guilty of a Class

D3 felony offense and shall be punished by imprisonment as provided

for in subsections B through F of Section 20P of Title 21 of the

Oklahoma Statutes. For purposes of this section, the natural

persons subject to punishment shall be the managing officers of a

corporation and the managers of a limited liability company.

C. The existence of such trust funds shall not prohibit the

filing or enforcement of a labor, mechanic or materialmen's lien

against the affected real property by any lien claimant, nor shall

the filing of such a lien release the holder of such funds from the

obligations created under this section or Section 152 of this title.
Okla. Stat. tit. 42, § 42-20 — OK Code / Title 42 / Section 42-20
Redemption - How made
Status: in_force

Oklahoma Statutes - Title 42. Liens Page 6

Redemption from a lien is made by performing, or offering to

perform, the act for the performance of which it is a security, and

paying, or offering to pay, the damages, if any, to which the holder

of the lien is entitled for delay.

R.L. 1910, § 3841.
Okla. Stat. tit. 42, § 42-196 — OK Code / Title 42 / Section 42-196
Lien - Date of attachment - Disclosure of other
Status: in_force

lienholders.

A. Where a rental agreement, as defined in Section 192 of this

title, is entered into between the owner and the occupant, the owner

of a self-service storage facility and his heirs, executors,

administrators, successors, and assigns have a lien upon all

personal property located at the self-service storage facility for

rent, late fees, labor, or other charges, present or future, in

relation to the personal property and for expenses necessary for its

preservation or expenses reasonably incurred in its sale or other

disposition pursuant to the Self-Service Storage Facility Lien Act.

B. The lien attaches as of the date the personal property is

brought to the self-service storage facility and continues so long

as the owner retains possession and until the default is corrected,

or a sale is conducted, or the property is otherwise disposed of to

satisfy the lien.

C. A facility or unit owner may charge a tenant a reasonable

late fee for each period that the tenant does not pay rent due under

the rental agreement. The amount of the late fee and the conditions

for imposing such a fee shall be stated in the rental agreement or

in an addendum to the agreement. For purposes of this subsection, a

late fee not to exceed the greater of Twenty Dollars ($20.00) or

twenty percent (20%) of unpaid rent is considered reasonable.

D. The rental agreement shall contain a provision directing the

occupant to disclose any lienholders with an interest in property

that is or will be stored in a self-service storage facility.

E. If the personal property is a vehicle, watercraft or trailer

and rent and other charges remain unpaid for sixty (60) days, the

facility owner may have the vehicle, watercraft or trailer towed

from the self-service storage facility. If the vehicle, watercraft

or trailer is towed from the self-service storage facility, the

facility owner shall not be liable for the vehicle, watercraft or

trailer or for any damages to the vehicle, watercraft or trailer

once the towing company takes possession of the property.
Okla. Stat. tit. 42, § 42-45 — OK Code / Title 42 / Section 42-45
Insurance agent's lien
Status: in_force

A. Every insurance agent licensed as such under the laws of

this state who shall pay the premium on any policy of insurance to

an insurer for and on behalf of any person to whom such policy is

issued shall have a lien upon all refunds, proceeds or other funds

payable to the insured under the provisions of such policy for all

sums due the agent for the premium on any policy of insurance

procured by the agent for the insured.

B. No such lien shall be effective unless a written statement

setting forth the amount claimed, identifying the insurance policy

or policies against which the lien is asserted, and containing the

name and address of the insured, the insurer, and the agent shall be

filed in the office of the county clerk of the county in which the

insured resides or has its principal place of business. The

statement shall be signed by the insurance agent and verified by

affidavit. The statement shall be recorded by the county clerk on

the mechanics and materialman's lien docket.

C. Immediately upon filing the lien statement, the insurance

agent shall mail, by certified or registered mail, postage prepaid,

a copy of such statement with a statement of the date of filing

thereof to the insured and the insurer at the address indicated for

each on the insurance policy or policies against which the lien is

asserted or at their last-known address if a later address is known.

D. Upon receipt of a copy of such lien statement the insurer or

insurers named in the statement shall withhold from any sums

thereafter payable to the insured under the provisions of any policy

identified in the statement an amount equal to the claim of the

insurance agent until the lien is released or otherwise discharged

in proceedings to enforce the lien.
Okla. Stat. tit. 42, § 42-143 — OK Code / Title 42 / Section 42-143
Lien by or through subcontractor
Status: in_force

Any person who shall furnish any such material or lease or rent

equipment used on said land or perform such labor as a

subcontractor, or as an artisan or day laborer in the employ of the

contractor, may obtain a lien upon such land, or improvements, or

both, from the same time, in the same manner, and to the same extent

as the original contractor, for the amount due for such material,

equipment and labor, as well as any applicable profit and overhead

costs due to the person; and any artisan or day laborer in the

employ of, and any person furnishing material or equipment used on

said land to, such subcontractor may obtain a lien upon such land,

or improvements, or both, for the same time, in the same manner, and

to the same extent as the subcontractor, for the amount due for such

material, equipment used on said land and labor, as well as any

applicable profit and overhead costs due to the person, by filing

with the county clerk of the county in which the land is situated,

within ninety (90) days after the date upon which material or

equipment used on said land was last furnished or labor last

performed under such subcontract, a statement, verified by

affidavit, setting forth the amount due from the contractor to the

claimant, and the items thereof, as nearly as practicable, the name

of the owner, the name of the contractor, the name of the claimant,

and a legal description of the property upon which a lien is

claimed. Immediately upon the filing of such statement the county

clerk shall enter a record of the same against the tract index and

in the journal provided for in the preceding section, and in the

manner therein specified. Provided further, that the owner of any

land affected by such lien shall not thereby become liable to any

claimant for any greater amount than he contracted to pay the

original contractor. The risk of all payments made to the original

contractor shall be upon such owner until the expiration of the

ninety (90) days herein specified, and no owner shall be liable to

an action by such contractor until the expiration of said ninety

(90) days, and such owner may pay such subcontractor the amount due

him from such contractor for such labor, equipment used on said land

and material, and the amount so paid shall be held and deemed a

payment of said amount to the original contractor.

Oklahoma Statutes - Title 42. Liens Page 48

R.L. 1910, § 3864. Amended by Laws 1957, p. 417, § 1, emerg. eff.

May 29, 1957; Laws 1977, c. 207, § 8, eff. Oct. 1, 1977; Laws 1978,

c. 133, § 4, eff. Oct. 1, 1978; Laws 1980, c. 216, § 3, emerg. eff.

May 30, 1980; Laws 2013, c. 78, § 2, eff. Nov. 1, 2013.
Okla. Stat. tit. 42, § 42-32 — OK Code / Title 42 / Section 42-32
Banker's lien
Status: in_force

A banker has a general lien, dependent on possession, upon all

property in his hands belonging to a customer, for the balance due

to him from such customer in the course of the business.

R.L. 1910, § 3854.
Okla. Stat. tit. 42, § 42-176 — OK Code / Title 42 / Section 42-176
Attorney's fees
Status: in_force

In an action brought to enforce any lien the party for whom

judgment is rendered shall be entitled to recover a reasonable

attorney's fee, to be fixed by the court, which shall be taxed as

costs in the action.

R.L. 1910, § 3877.
Okla. Stat. tit. 42, § 42-35 — OK Code / Title 42 / Section 42-35
Judgment liens
Status: in_force

The lien of a judgment is regulated by civil procedure.

R.L. 1910, § 3857.
Okla. Stat. tit. 42, § 42-143.4 — OK Code / Title 42 / Section 42-143.4
Leased or rented equipment - Property used for
Status: in_force

production of oil or gas.

The provisions of this act relating to leased or rented

equipment shall not apply to such equipment used for the development

or production of oil or gas, except insofar as is specifically

allowed by Section 144 of Title 42.
Okla. Stat. tit. 42, § 42-191 — OK Code / Title 42 / Section 42-191
Short title
Status: in_force

Sections 1 through 9 of this act shall be known and may be cited

as the "Self-Service Storage Facility Lien Act".

Oklahoma Statutes - Title 42. Liens Page 61
Okla. Stat. tit. 42, § 42-111 — OK Code / Title 42 / Section 42-111
Persons entitled to liens - Commencement of lien
Status: in_force

Any person, firm or corporation, who shall thresh or combine

grain or seed for another shall have a lien for the value of his

services upon the grain or seed threshed or combined as provided for

in Section 2 of this act, (10989) lien to date from the commencement

of threshing.
Okla. Stat. tit. 42, § 42-143.1 — OK Code / Title 42 / Section 42-143.1
Notice - Filing of lien statement - Fees
Status: in_force

A. Within five (5) business days after the date of the filing

of the lien statement provided for in Sections 142 and 143 of this

title, a notice of the lien shall be mailed by certified mail,

return receipt requested, to the owner of the property on which the

lien attaches. The claimant shall furnish to the county clerk the

last-known mailing address of the person or persons against whom the

claim is made and the owner of the property. The notice shall be

mailed by the county clerk. The fee for preparing and mailing the

notice of mechanics' and materialmen's lien and costs for each

additional page or exhibit shall be as provided for in Section 32 of

Title 28 of the Oklahoma Statutes and shall be paid by the person

filing the lien. The fee shall be deposited into the County Clerk's

Lien Fee Account, created pursuant to the provisions of Section 265

of Title 19 of the Oklahoma Statutes.

B. The notice shall contain the date of filing; the name and

address of the following: The person claiming the lien; the person

against whom the claim is made and the owner of the property; a

legal description of the property; and the amount claimed. Provided

that, if with due diligence the person against whom the claim is

made or the owner of the property cannot be found, the claimant

after filing an affidavit setting forth such facts may, within sixty

(60) days of the filing of the lien statement, serve a copy of the

notice upon the occupant of the property or the occupant of the

improvements, as the case may be, in a like manner as is provided

for service upon the owner thereof, or, if the same be unoccupied,

the claimant may post a copy in a conspicuous place upon the

property or any improvements thereon.
Okla. Stat. tit. 42, § 42-200 — OK Code / Title 42 / Section 42-200
Publication of act
Status: in_force

The Oklahoma Real Estate Commission shall cause the "Self-

Service Storage Facility Lien Act" to be reproduced in a publication

together with other statutes of the State of Oklahoma as are

ordinarily reproduced by the Commission for distribution to the

public.
Okla. Stat. tit. 42, § 42-171 — OK Code / Title 42 / Section 42-171
Assignment of liens
Status: in_force

All claims for liens and rights of action to recover therefor

hereunder shall be assignable so as to vest in the assignee all

rights and remedies herein given, subject to all defenses thereto

that might be made if such assignment had not been made. Where a

statement has been filed and recorded as provided in Section 142 of

this title, such assignment may be made by an entry, on the same

Oklahoma Statutes - Title 42. Liens Page 58

page of the mechanics' lien journal containing the record of the

lien, signed by the claimant or his lawful representative, and

attested by the county clerk; or such assignment may be made by a

separate instrument in writing.

R.L. 1910, § 3872; Laws 1977, c. 207, § 12, eff. Oct. 1, 1977.
Okla. Stat. tit. 42, § 42-94 — OK Code / Title 42 / Section 42-94
When lien attaches
Status: in_force

Liens under the provisions of this act are in full force and

effect from and after the time the labor is performed.
Okla. Stat. tit. 42, § 42-143.3 — OK Code / Title 42 / Section 42-143.3
Leased or rented equipment - Exemption from act
Status: in_force

The provisions of this act as relating to leased or rented

equipment shall not apply to real property qualified for homestead

exemption or real property used for agricultural purposes or real

Oklahoma Statutes - Title 42. Liens Page 49

property used for the production of or growing of agricultural

products.
Okla. Stat. tit. 42, § 42-44 — OK Code / Title 42 / Section 42-44
Filing of notice of lien - Enforcement by civil action
Status: in_force

A. No such lien shall be effective unless a written notice

containing a statement of the amount claimed, the name and address

of the injured person, the date of the accident, the name and

location of the hospital, and the name of the person or persons,

firm or firms, corporation or corporations alleged to be liable to

the injured party for the injuries received, shall be filed in the

office of the county clerk of the county in which such hospital is

located, on the mechanic's and materialman's docket, prior to the

payment of any monies to such injured person, his attorneys or legal

representatives, as compensation for such injuries; nor unless the

hospital shall also send, by registered or certified mail postage

prepaid, a copy of such notice with a statement of the date of

filing thereof to the person or persons, firm or firms, corporation

or corporations alleged to be liable to the injured party for the

injuries sustained prior to the payment of any monies to such

injured person, the injured person's attorneys or legal

representatives, as compensation for such injuries. Such hospital

shall mail a copy of such notice to any insurance carrier which has

insured such person, firm or corporation against such liability, if

the name and address shall be known. Such hospital shall also send,

by registered or certified mail, a copy of such notice to such

patient upon whom emergency medical or other service has been

performed, if the name and address of such patient shall be known to

the hospital or can with reasonable diligence be ascertained. A

copy of said notice shall be mailed to any attorney for the patient,

provided that the hospital has notice of the name of such attorney.

B. The liens provided for in this section and Section 43 of

this title may be enforced by civil action in the district court of

the county where the lien was filed. Such an action shall be

brought within one (1) year after the hospital becomes aware of

final judgment, settlement or compromise of the claim asserted or

maintained by or on behalf of the injured person. The practice,

pleading and proceedings in the action shall conform to the rules

prescribed by the Oklahoma Pleading Code to the extent applicable.
Okla. Stat. tit. 42, § 42-2 — OK Code / Title 42 / Section 42-2
Classes of liens
Status: in_force

Liens are either general or special.

R.L. 1910, § 3823.
Okla. Stat. tit. 42, § 42-91.1 — OK Code / Title 42 / Section 42-91.1
Abandoned vehicle auctions – Exemption from fees and
Status: in_force

taxes.

Any abandoned vehicle auction performed by a class AA wrecker or

lien claimant shall be exempt from all prior years’ tag fees, title

fees, stop flag fees, and any other fees imposed by the state from

the prior ownership of the vehicle. The wrecker operator, lien

claimant, or buyer of the abandoned vehicle will be responsible only

for fees incurred after the completion of the abandoned vehicle sale

unless the buyer is the registered vehicle owner prior to the towing

or abandonment of the vehicle, in which case all fees will be due

from the buyer. Vehicles purchased from a class AA wrecker at an

abandoned vehicle auction on which a junk title will be issued,

shall be exempt from motor vehicle excise tax.
Okla. Stat. tit. 42, § 42-47 — OK Code / Title 42 / Section 42-47
Provider of seed, chemicals, pesticides, herbicides or
Status: in_force

fertilizer - Agricultural lien.

A. Any person selling, furnishing, applying or providing to the

owner of crops which are growing or to be grown, any seed,

chemicals, pesticides, herbicides or fertilizer for the growing of

the crops shall, upon filing, have a lien on the crops for the

amount due for such seed, chemicals, pesticides, herbicides or

fertilizer or for the application thereof. The lien provided for in

this section shall be subject to all prior perfected liens.

B. The lien created by this section shall not be effective

unless filed as an agricultural lien pursuant to Article 9 of the

Uniform Commercial Code.

C. The lien created by this section may be foreclosed by the

sale of the crops subject to the lien anytime within twelve (12)

months after filing of the lien in accordance with the provisions of

Title 12A of the Oklahoma Statutes.
Okla. Stat. tit. 42, § 42-150 — OK Code / Title 42 / Section 42-150
Filing statement
Status: in_force

Any person claiming a lien as aforesaid shall file in the office

of the county clerk of the county in which the land or property is

situated, a statement setting forth the amount claimed and the items

thereof, as nearly as practicable, the names of the managers,

lessees, sublessees, operators, mortgagees, trustees and

beneficiaries under trusts, or owners, the contractor, the claimant

and the legal description of the property, subject to such lien and

verified by affidavit. Such statement shall be filed within forty-

five (45) days after the date upon which such labor was last

performed. Upon receipt of such lien statement, the clerk shall

enter same against the tract index and in a record kept for that

purpose, to be called the mechanics' lien journal. Except as

provided herein, the provisions of Sections 92 through 96 and 141

through 147 of this title shall apply with reference to the liens

herein created.
Okla. Stat. tit. 42, § 42-5 — OK Code / Title 42 / Section 42-5
Law applies to what
Status: in_force

Contracts of mortgage and pledge, are subject to all the

provisions of this chapter.

R.L. 1910, § 3826.
Okla. Stat. tit. 42, § 42-98 — OK Code / Title 42 / Section 42-98
Filing of statement of lien with county clerk - Innocent
Status: in_force

purchasers.

A. 1. Except as otherwise provided by this chapter, any person

entitled to a lien pursuant to this chapter shall within one hundred

twenty (120) days after last furnishing of labor, money, material or

supplies for the production of, altering or repairing of said

personal property, file in the office of the county clerk of the

county in which the property is situated a statement in writing

verified by oath, showing the amount of labor, money, material or

supplies furnished for the producing of, altering or repairing of

said personal property, the name of the person for, and by whom

labor, money, material or supplies, was furnished.

2. If the person entitled to such lien does not file such

statement within the time required by this chapter, such person

shall be deemed to have waived his rights thereto.

3. The lien provided for in this chapter shall not attach to

any personal property after it has been purchased by an innocent

purchaser for value, and has passed into his possession unless the

Oklahoma Statutes - Title 42. Liens Page 38

lien shall have been filed with the county clerk of the county

before the property was purchased by such purchaser, or he shall

have received written notice, from the party entitled to the lien,

of his intention to file the same.

B. Immediately upon the receipt of such statement, the county

clerk shall enter a record of the same in a book kept for that

purpose, to be called the Personal Property Lien Journal, which

shall be ruled off into separate columns, with headings as follows:

"When filed", "Name of owner", "Name of claimant", "Amount claimed",

and "Remarks", and the clerk shall make the proper entry in each

column.
Okla. Stat. tit. 42, § 42-93 — OK Code / Title 42 / Section 42-93
Enforcement of lien
Status: in_force

The lien provided for in this act may be enforced as in an

ordinary action or by attachment proceeding as provided in the Code

of Civil Procedure.
Okla. Stat. tit. 42, § 42-120 — OK Code / Title 42 / Section 42-120
Statement to be furnished owner or person in charge -
Status: in_force

False statements as to law.

Any person, firm or corporation, operating a threshing or

combining machine within this state shall furnish the owner or

person in charge of the crop within forty-eight (48) hours after the

threshing or combining is completed, a statement in writing of the

number of bushels of grain or seed and/or number of acres so

threshed or combined and the price per bushel and/or the price per

acre and credits if any. Provided, that any person operating a

threshing or combining machine who fails or refuses to comply with

Oklahoma Statutes - Title 42. Liens Page 42

this section shall forfeit his right to the lien herein provided.

Making false statements willfully as to the provision of this act

shall constitute a misdemeanor and any one violating this act shall

be subject to punishment by fine of not more than Two Hundred

Dollars ($200.00) , or imprisonment for not more than thirty (30)

days in the county jail, or by both such fine and imprisonment.
Okla. Stat. tit. 42, § 42-118 — OK Code / Title 42 / Section 42-118
Satisfaction of lien - Discharge - Record - Duty of
Status: in_force

holders.

It shall be the duty of the holder of the lien under this act

when same is satisfied to immediately file a notice of discharge

thereof with the register of deeds of the county wherein the lien is

filed.

Failure to do so shall subject the holder of the lien to a fine

of not less than Twenty-five Dollars ($25.00), nor more than One

Hundred Dollars ($100.00).
Okla. Stat. tit. 42, § 42-203 — OK Code / Title 42 / Section 42-203
Real estate broker lien - Attachment
Status: in_force

A. A real estate broker shall have a lien, upon commercial real

estate or any interest in that commercial real estate which is the

subject of a purchase, lease or other conveyance to a buyer or

tenant of an interest in the commercial real estate, in the amount

that the broker is due for licensed services which shall include,

without limitation, brokerage fees, consulting fees, and management

fees.

The lien shall be available only to the broker named in a

written instrument signed by an owner, buyer, or tenant or their

respective agents as applicable.

B. A lien under this act shall attach to commercial real estate

or any interest in the commercial real estate when:

1. The broker is entitled to a stated fee or commission

provided in a written instrument signed by the owner, buyer, tenant,

or their respective authorized agents, as applicable; and

2. The broker records a notice of lien in the county clerk’s

office of the county in which the real property is located, prior to

the actual conveyance or transfer of the commercial real estate

against which the broker is claiming a lien, except as provided in

subsection C, D or E of this section. The lien shall attach as of

the date of the recording of the notice of lien and does not and

shall not relate back to the date of the written instrument.

C. LEASES. In the case of a lease, including a sublease or

assignment of lease, the notice of lien must be recorded not later

Oklahoma Statutes - Title 42. Liens Page 69

than ninety (90) days after the tenant takes possession of the

leased premises. The lien shall attach as of the recording of the

notice of lien and shall not relate back to the date of the written

instrument.

D. FUTURE COMMISSIONS IN LEASE TRANSACTIONS. 1. If a broker

may be due additional commission as a result of future actions,

including but not limited to the exercise of an option to expand the

leased premises, to renew or extend a lease, pursuant to a written

instrument signed by the then owner or tenant, the broker may record

its notice or lien at any time after execution of the lease or other

written instrument which contains such option but not later than

ninety (90) days after the event or occurrence on which the future

commission is claimed occurs. An action to foreclose a lien to

collect future commissions must be commenced within two (2) years of

the occurrence or transaction on which the future commission is

claimed.

2. In the event that the property is sold or otherwise conveyed

prior to the date on which a future commission is due and if the

broker has filed a valid notice of lien prior to the sale or other

conveyance of the property, then the purchaser or transferee shall

be deemed to have notice of and shall take title to the property

subject to the notice of lien. Provided, however, that if a broker

claiming a future commission fails to record its notice of lien for

future commission prior to the recording of a deed conveying legal

title to the property to the purchaser or transferee, then such

broker may not claim a lien on the property. The provisions of this

subsection shall not limit or otherwise affect claims or defenses a

broker or owner or any other party may have on any other basis, in

law or in equity.

E. BUYER’S BROKER. If a broker has a written agreement with a

prospective buyer or tenant as described in subsection A of this

section, then the lien shall attach upon the prospective buyer

purchasing or otherwise accepting a conveyance or transfer of the

commercial real estate and the recording of a notice of lien by the

broker in the county clerk’s office of the county in which the real

property, or any interest in the real property is located, within

ninety (90) days after the purchase or other conveyance or transfer

to the buyer or tenant. The lien shall attach as of the date of the

recording of the notice of lien and shall not relate back to the

date of the written instrument.
Okla. Stat. tit. 42, § 42-21 — OK Code / Title 42 / Section 42-21
Lien is an accessory obligation
Status: in_force

A lien is to be deemed accessory to the act for the performance

of which it is a security, whether any person is bound for such

performance or not, and is extinguishable in like manner with any

other accessory obligation.

R.L. 1910, § 3842.
Okla. Stat. tit. 42, § 42-177 — OK Code / Title 42 / Section 42-177
Suit by owner to determine lien and cancellation of lien
Status: in_force

on docket.

If any lien shall be filed under the provisions of this chapter,

and no action to foreclose such lien shall have been commenced, the

owner of the land may file his petition in the district court of the

county in which said land is situated, making said lien claimants

defendants therein, and praying for an adjudication of said lien so

claimed, and if such lien claimant shall fail to establish his lien,

the court may tax against said claimant the whole, or such portion

of the costs of such action as may be just. Provided, that if no

action to foreclose or adjudicate any lien filed under the

provisions of this chapter shall be instituted within one (1) year

from the filing of said lien, the lien is canceled by limitation of

law. If a lien is canceled by limitation of law, the owner of the

land may file an affidavit attesting to the cancellation with the

county clerk of the county in which the land is located. Upon

receipt of the affidavit, the county clerk shall attach the

affidavit to the original lien document in the lien docket file and

enter a notation of the filing in the mechanics' lien journal. The

affidavit shall be on a form prescribed by the Office of the

Administrative Director of the Courts.

R.L. 1910, § 3878. Amended by Laws 1977, c. 207, § 15, eff. Oct. 1,

1977; Laws 1995, c. 338, § 21, eff. Nov. 1, 1995.
Okla. Stat. tit. 42, § 42-163 — OK Code / Title 42 / Section 42-163
How enforced
Status: in_force

The said lien shall be mentioned in the judgment rendered for

the claimant in an ordinary suit for the claim, and may be enforced

by ordinary levy and sale under final or other process at law or

equity.

R.L. 1910, § 3870.
Okla. Stat. tit. 42, § 42-208 — OK Code / Title 42 / Section 42-208
Priority of lien
Status: in_force

Prior valid recorded liens, mortgages, and other encumbrances

shall have priority over a broker’s lien. Such prior recorded

liens, mortgages, and encumbrances shall include, without

limitation:

1. A valid mechanic’s lien claim that is recorded after the

broker’s notice of lien but which relates back to a date prior to

the recording date of the broker’s notice of lien; and

2. Prior recorded liens securing revolving credit and future

advances or construction loans.
Okla. Stat. tit. 42, § 42-96 — OK Code / Title 42 / Section 42-96
Priority of lien
Status: in_force

Liens created under this act shall take precedence over all

other liens whether created prior or subsequent to the laborer's

lien herein created and provided.
Okla. Stat. tit. 42, § 42-99 — OK Code / Title 42 / Section 42-99
Priority of mortgage liens
Status: in_force

The lien herein provided for shall be subject to prior mortgage

liens, unless the holder thereof has received notice of the

intention of the furnishing of said labor, money, material or

supplies and consents thereto in writing after which the holder of

such mortgage lien shall become jointly liable with the owner of

said property for the expense of producing, altering or repairing of

same.
Okla. Stat. tit. 42, § 42-31 — OK Code / Title 42 / Section 42-31
Lien of factor
Status: in_force

A factor has a general lien, dependent on possession, for all

that is due to him as such, upon all articles of commercial value

that are entrusted to him by the same principal.

R.L. 1910, § 3853.