Page 40 - State Law Summary of Mechanic's Lien Law

Oklahoma OK

What is the statutory authority?
Oklahoma State Statutes, Title 42, §§ 42-141 to 42-180.
What is the Attachment Date of the Mechanic’s Lien?
Upon the filing of the lien. 42 OSA § 141.

What constitutes visible commencement of construction?
Furnishing the first item of material or date of performance of the first labor or first
use of rental equipment on the land. 42 OSA § 141.

What is the priority of the insured construction mortgage/
deed of trust?
Construction mortgage must be filed prior to commencement of work or delivery
of materials giving rise to the mechanic’s lien. 42 OSA § 141. Initial priority will be
maintained as to subsequent disbursements only to the extent disbursement is
obligatory or is made prior to commencement of work or delivery of materials
giving rise to the mechanic’s lien. Liberty National Bank v. Kaibab Industries, Inc.
591 P.2d. 692 (1978).

If priority of the insured mortgage/deed of trust is lost, is there a
statutory procedure to regain priority?
No.

When does a mechanic’s lien have to be filed for claimant to maintain
lien rights?
Any person claiming a lien must file in the office of the county clerk in which the
property is situated within 4 months after of the date upon which work was last
performed or material last furnished. 42 OSA § 142.

Subcontractors, however, must file a claim with the county clerk of the county in
which the land is situated within 90 days of the day work was last performed or
material last furnished. 42 OSA § 143.

What is the period of enforcement of a filed mechanic’s lien?
Suit must be commenced within 1 year from date of filing lien claim. 42 OSA § 172.

Is there a procedure to bond over the mechanic’s lien(s)?
Yes, 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 mechanic’s 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
125% of the lien claim amount; or a corporate surety bond with a penal amount
equal to 125% of the lien claim amount. 42 OSA § 1471.1.

Are the ALTA 32/33 Series Endorsements available for the Loan Policy?
Yes.

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