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The County Clerk is responsible for recording and maintaining real property records in Atoka County.
Recording Fees
1 For recording the first page of deeds, mortgages and any other instruments. (Includes preservation fee) $8.00 + $10.00
2 For recording each additional page of same instrument $2.00
3 For furnishing hard copies of microfilmed records to bonded abstractors only, per page $1.00
4 For furnishing photographic copies of photographic records, or of typewritten script or printed records, per page $1.00
5 For recording plat of one block or less $10.00
6 For recording plat of more than one block $25.00
7 For certifying to any copy per page $1.00
8 For recording an assignment of Tax Sale Certificate to be paid by the party purchasing $5.00
9 For recording of any mark or brand and giving certificate for same $5.00
10 For recording each certificate for estrays and forwarding description of same, as required by law $1.00
11a For recording and filing of mechanics' or materialmen's liens which includes the release thereof $10.00
11b For preparing and mailing notice of mechanics' or materialmen's lien $8.00
11c For each additional page or exhibit $2.00
12 For recording and filing of fictitious name partnership certificates $5.00
13 For recording the first page of deeds, mortgages, and any other instruments which are nonconforming $25.00
14 For recording each additional page of an instrument which is nonconforming $10.00
Fees must be paid before recording can take place.
Documentary Tax: A tax is imposed on any deed when the consideration or value of the interest or property conveyed, exclusive of the value of any lien or encumbrance thereon remaining at the time of the sale, exceeds $100. The tax is prorated at the rate of 75 cents per each $500 of the consideration.
The documentary stamps evidencing payment of the taxes must be affixed to the document before recording can take place. For a list of exempt documents, see information posted under supplemental forms.
For questions regarding documentary taxes or recording fees, contact the County Clerk's office directly.
Document Formatting Requirements
* A deed or other instrument related to real estate is not valid unless it is in writing and subscribed by the grantors.
* Submit an original or a certified copy of an original. A document should be clearly legible and in the English language and should use ink that is dark enough to be reproduced on copy equipment used by the county clerk. For best results, use black ink on white paper. Paper size should not measure larger than 8.5 x 14 inches. Letter sized paper (8.5 x 11 inches) is also acceptable.
* All documents should provide an area free of printed information sufficient in size to accommodate the placement of documentary stamps, any certification of the payment of mortgage taxes, and the recording information affixed by the county clerk upon acceptance of the document. If sufficient space is not provided without covering language contained in the instrument, the county clerk will attach an additional page, for which extra fees will apply. Aside from these guidelines, the top margin of all documents should be at least 1 inch; side and bottom margins should be at least an inch.
* No subscribing witness is necessary to the validity of any deed, mortgage, or any other instrument conveying, affecting, or relating to real estate.
* Provide the mailing address of the grantee or other designated party to which the instrument is to be returned after recording.
* Describe the real property by its specific legal description and provide such information necessary for indexing.
* If an instrument contains more than twenty-five legal descriptions requiring separate entries in the index, the descriptions shall be sorted by block and lot if the property is platted. If the property is unplatted, the descriptions shall be sorted by township, range, and section. Any instrument offered to a county clerk for recording that contains more than twenty-five legal descriptions per page, counted as each description which could require a separate line entry in the numerical index should be accompanied by an additional filing fee of $1 per legal description over twenty-five.
* In a county that has adopted a land parcel identifier system to designate tracts of property, the county clerk may not accept an instrument for filing or recording unless the land parcel identifiers for all the parcels described and affected are on the face of the instrument.
* The consideration paid for the property should be listed in the deed.
The county clerk will record free of charge all certificates designating and describing lands situated in the respective counties owned by the Five Civilized Tribes and their heirs, which lands are shown by said certificates to be exempt from taxation. These will be recorded without charge, provided that when the certificate is presented for recording, it bears the approval of the Secretary of the Interior.
Effect of Recording:
No acknowledgment or recording is necessary to the validity of any deed, mortgage, or contract relating to real estate as between the parties thereto; but no deed, mortgage, contract, bond, lease, or other instrument relating to real estate other than a lease for a period not exceeding one year and accompanied by actual possession, shall be valid as against third persons unless acknowledged and recorded as herein provided.
Every conveyance of real property that is acknowledged or proved, certified and recorded as required by law from the time it is filed with the register of deeds for record is constructive notice of the contents thereof to subsequent purchasers, mortgagees, encumbrancers, or creditors.