Choctaw County Memorandum of Trust Form (Oklahoma)
All Choctaw County specific forms and documents listed below are included in your immediate download package:
Memorandum of Trust Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Choctaw County compliant document last validated/updated 5/3/2024
Memorandum of Trust Guide
Line by line guide explaining every blank on the form.
Included Choctaw County compliant document last validated/updated 7/9/2024
Completed Example of the Memorandum of Trust Form
Example of a properly completed form for reference.
Included Choctaw County compliant document last validated/updated 6/13/2024
The following Oklahoma and Choctaw County supplemental forms are included as a courtesy with your order:
When using these Memorandum of Trust forms, the subject real estate must be physically located in Choctaw County. The executed documents should then be recorded in the following office:
Choctaw County Clerk
Courthouse - 300 East Duke St, Hugo, Oklahoma 74743
Hours: 8:00am to 4:30pm M-F
Phone: (580) 326-3778
Local jurisdictions located in Choctaw County include:
- Boswell
- Fort Towson
- Grant
- Hugo
- Sawyer
- Soper
- Spencerville
- Swink
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Choctaw County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Choctaw County using our eRecording service.
Are these forms guaranteed to be recordable in Choctaw County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Choctaw County including margin requirements, content requirements, font and font size requirements.
Can the Memorandum of Trust forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Choctaw County that you need to transfer you would only need to order our forms once for all of your properties in Choctaw County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Oklahoma or Choctaw County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Choctaw County Memorandum of Trust forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
In Oklahoma, the memorandum of trust is codified at 60 O.S. 175.6a. Executed by a trustee, the memorandum of trust is a recorded document pertaining to real property acquisitions and transfers by an express private trust.
An express private trust refers to any trust that is "created with the settlor's express intent, usually declared in writing," and is not a business trust [1]. In a trust arrangement, a settlor conveys property to another person (the trustee) to be held for a third (the beneficiary). The trust is administered pursuant to the terms of a written document executed by the settlor. This document, called the trust instrument, designates the trustee and trust beneficiaries and outlines the provisions of the trust and the scope of the trust's assets. In some cases, the trust instrument may be recorded, but it is generally a private document.
In lieu of providing parties outside of the trust arrangement with the full trust instrument, a trustee may provide a memorandum when entering into real property transactions. The memorandum is an abstract of the trust instrument that is recorded when the trust acquires real property or when the trustee is conveying real property held in the trust. The document contains only essential information about the trust, allowing the settlor to keep his estate plans and other information irrelevant to the transaction at hand private. It is similar to a certification of trust (under the Uniform Trust Code), the major difference being that the certification is generally not recorded.
There are differences of opinion among title examiners on when a memorandum is required [2]. Oklahoma Title Standard 15.2 states that when real property is transferred to or by the name of a trustee as trustee of a named express private trust, a memorandum of trust is not required. Where a settlor makes a conveyance to a trust using the trust's name alone as the grantee, the Title Standards require a memorandum of trust (see also 60 O.S. 175.6a) [3].
The memorandum of trust provides the name of the trust and the name and address of each trustee of the trust, as well as the date the trust was created. Because the document pertains to real property, a legal description of the parcel subject to the transaction for which the memorandum is being recorded may be required.
A memorandum of trust is sometimes recorded alongside a conveyance by trustee as part of the deed as evidence of the trust's existence and the trustee's authority (as the trust instrument is generally not a matter of public record). The form should be signed by the trustees of a trust in the presence of a notary public before recording in the county in which the real property is located.
Consult a lawyer with questions about express private trusts and memoranda of trust in Oklahoma.
[1] Black's Law Dictionary, 8th ed.
[2] http://www.jhbpc.com/Estate-Planning-In-Depth/memotrust.htm
[3] http://eppersonlaw.com/wp-content/uploads/2013/05/1-ORIGINAL-2016-TES-HANDBOOK-Final-160111.pdf
(Oklahoma MOT Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Choctaw County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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Get your Choctaw County Memorandum of Trust form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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January 11th, 2019
I was looking for realty transfer or deed in the name of ***** **** and could never find the list of realty transfers.
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April 24th, 2020
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June 17th, 2023
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October 7th, 2020
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April 26th, 2021
All the forms downloaded are very comprehensive of Quit Claim transfers.
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January 7th, 2019
I mistakenly ordered the wrong package and within 3 minutes of asking for a replacement, I was given one by the company. I am extremely impressed with the prompt response and the forms! I will use this site again if I needed other deed forms!!!!
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Alexis B.
December 31st, 2018
Highly Pleased- Strongly Recommend Deeds.com Long review... sorry:-) Originally I was very skeptical due to the enormous amount of the scams going on now days and the number of online sources that "claim" to provide you with deed forms for free or for a few. Nothing that you need and want done is free. There is always a cost. So luckily I came across deeds.com. This was the only site that appeared to be simple, to the point, and made no crazy promises. So before selecting this site, I did a little more checking around/price checking to ensure I am getting the best price for the product I needed. I even checked Staples and Amazon to find that they do indeed sell these forms but I do not think the products they provide are specific for my state and county. They claim their forms provided are for all states but my state is specific and I prefer to have forms provided by Deeds.com that is based on Indiana statute that Deed.com clearly identifies on each form. Deeds.com price of $20 seemed a little high at first but when I saw the products provided, the $20 cost is more than reasonable and fair. You not only get the deed form specific for my state and my specific "county" but also the other various/supplemental forms that may be required. Being familiar with my state and knowing how tedious and anal my state is on everything, I was pleasantly please to see the info and extra supplemental forms provided. For example, a person new to the State who recently had property deeded to them, would not necessarily know about the Homestead tax exemption provided if property is your primary residents, over 65 exemption etc. I would highly recommend this site for anyone needing these documents because Deeds.com has you covered on any and all forms/info you could ever need! A bonus is that there is one flat fee and not monthly cost that you have to worry about canceling later unless you superficially select a monthly package. I love the fact that Deeds.com is nothing fancy. There is not a bunch of elaborate graphics etc. They only provide what you need and what they provide is very accurate. Deeds.com has a customer for life.
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Mike M.
October 27th, 2020
Get Rid of the places to initial each page on the Trust Deed. The Co. Recorder (Davis) does not require that each page be initialled... If I and the "borrower" had initialed each page, then I would have to use US Mail to get the form from AZ to UT because scans of initials are not acceptable, but only a notarized signature from the borrower is...
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