Discharging an Oklahoma Lien by Posting Bond

Property owners feel a strong motivation to prevent and remove any liens from their land. Liens interfere with ownership interests and can interfere with obtaining refinancing, selling property, or using it as collateral for a loan. Therefore, in order to remove or prevent a lien from being placed on your land, owners may deposit a bond as security. The bond lets the lien claimant know that a lien won't be necessary because the bond is available if payment ever becomes an issue.

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. O.S. 42-147.1.

Within three (3) business days after the deposit of money or bond is made, the county clerk must serve upon the lien claimant, at the address shown on the lien claim, written notice setting forth: (1) the assigned number of the lien claim; (2) the name of the lien claimant; (3) the name of the property owner; (4) the name of the alleged debtor, if someone other than the property owner; (5) the property description shown on the lien claim; and (6) the amount of cash deposited or, if a bond is filed, the names of the principal and surety and the bond penalty. Id.

The party seeking to discharge the lien must prepare and deliver the notice to the county clerk and pay the appropriate fee. Id. If cash is deposited, the county clerk must immediately show the lien released of record. Id. If a bond is deposited, the lien claimant will have ten (10) days after the notice is mailed within which to file a written objection with the county clerk and if a written objection is not timely filed, the county clerk shall immediately show the lien released of record. Id. If an objection is timely made, the county clerk will 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. Id.

The only possible grounds for an objection include: (1) the surety is not authorized to transact business in this state; (2) the bond is not properly signed; (2) the penal amount is less than one hundred twenty-five percent (125%) of the claim; (3) the power of attorney of the surety's attorney-in-fact does not authorize the execution; (4) 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 (5) a cease and desist order has been issued against the surety either by the Insurance Commissioner or a court of competent jurisdiction. Id.

Within two (2) business days following the hearing the county clerk will either sustain (grant) or overrule (deny) the objections and notify the parties of the county clerk's ruling by ordinary mail. Id. If the objections are granted, the ruling of the county clerk will be conclusive for lien release purposes unless appealed within ten (10) days to the district court. Id. If the objections are overruled, the county clerk shall immediately show the lien released of record. Id.

This article is provided for informational purposes only and should not be relied upon as a substitute for the advice of a legal professional. Please consult with an Oklahoma attorney with questions about mechanic's liens or discharging a lien by posting a bond.

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