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12-706.


12-706.
   
   A. Scope. This section applies to all judgments of courts of record of
   this state, and judgments of courts of record of the United States not
   subject to the registration procedures of the Uniform Federal Lien
   Registration Act, Section 3401 et seq. of Title 68 of the Oklahoma
   Statutes, which award the payment of money, regardless of whether such
   judgments also include other orders or relief.
   
   B. Creation of Lien. A judgment to which this section applies shall be
   a lien on the real estate of the judgment debtor within a county only
   from and after a Statement of Judgment made by the judgment creditor
   or the judgment creditor's attorney, substantially in the form
   prescribed by the Administrative Director of the Courts, has been
   filed in the office of the county clerk in that county.
   
   1. Presentation of a Statement of Judgment and tender of the filing
   fee, shall, upon acceptance by the county clerk, constitute filing
   under this section.
   
   2. A lien created pursuant to this section shall affect and attach to
   all real property, including the homestead, of judgment debtors whose
   names appear in the Statement of Judgment; however, judgment liens on
   a homestead are exempt from forced sale pursuant to Section 1 of Title
   31 of the Oklahoma Statutes and Section 2 of Article XII of the
   Oklahoma Constitution.
   
   C. Judgment Index. A judgment index shall be kept by each county clerk
   in which the name of each person named as a judgment debtor in a
   Statement of Judgment filed with the county clerk shall appear in
   alphabetical order.
   
   1. It shall be the duty of the county clerk, immediately after the
   filing of the Statement of Judgment, to make in the judgment index a
   separate entry in alphabetical order of the name of each judgment
   debtor named therein, which entry shall also contain the name(s) of
   the judgment creditor(s), the name of the court which granted the
   judgment, the number and style of the case in which the judgment was
   filed, the amount of the judgment, including interest, costs and
   attorney's fees if shown on the Statement of Judgment, the date of the
   filing of the judgment with the court clerk of the court which granted
   it, and the date of filing of the Statement of Judgment with the
   county clerk.
   
   2. It shall also be the duty of the county clerk, immediately after
   the filing of a Release of Judgment Lien, to make a notation in each
   entry in the judgment index made when any Statement of Judgment was
   filed with respect to the judgment being released, of the date of
   filing of the Release with the county clerk, the name of the judgment
   creditor on whose behalf the Release is filed, and whether the Release
   states that it is only a partial Release.
   
   D. Execution of Judgment. Execution shall be issued only from the
   court which granted the judgment being enforced.
   
   E. Release of Lien of Judgment. The lien of a judgment upon the real
   estate of judgment debtor in any county, which has not become
   unenforceable by operation of law, is released only upon the filing in
   the office of the county clerk in that county of a Release of Judgment
   Lien, or a copy thereof certified by the court clerk of the court
   which granted the judgment.
   
   1. A judgment lien may be released, in whole or in part, by filing a
   Release of Judgment Lien with the county clerk by the judgment
   creditor or his or her attorney.
   
   a. A Release of Judgment Lien shall either recite the name of the
   court which granted the judgment, the number and style of the case,
   the name of each judgment debtor with respect to whom the lien is
   being released, the name of each judgment creditor in favor of whom
   the lien was created, or otherwise adequately identify the judgment
   lien being released and the judgment debtor against whom the lien is
   indexed. The Administrative Director of the Courts shall prescribe a
   form of Release of Judgment which may be used at the option of the
   judgment creditor.
   
   b. If the release is only partial, it shall also contain a description
   of the lands then being released from the judgment lien or identify
   the particular judgment debtors, if less than all, with respect to
   whom the lien is then being released, or both, as the case may be.
   
   c. A Release of Judgment Lien may also be filed with the court clerk
   of the court which granted the judgment but filing with the court
   clerk does not release any judgment lien created pursuant to this
   section.
   
   2. The lien of any judgment which has been satisfied by payment or
   otherwise discharged and which has not been released by the judgment
   creditor shall be released by the court upon written motion.
   
   a. The motion shall be accompanied by an affidavit stating the grounds
   for the motion, and shall contain or be accompanied by a notice to the
   judgment creditor that, if the judgment creditor does not file with
   the court a response or objection to the motion within fifteen (15)
   days after the mailing of a copy of the motion to the judgment
   creditor, the court will order the judgment lien released.
   
   b. A copy of the motion shall be mailed by certified mail by the party
   seeking release of the lien to the judgment creditor at the last-known
   address of the judgment creditor, and to the attorney of record of the
   judgment creditor, if any. There shall be attached to the filed
   motion, and to each copy of the motion to be mailed, a Certificate of
   Mailing showing to whom copies of the motion were mailed, the
   addresses to which they were mailed, and the date of mailing.
   
   c. If the judgment creditor does not file a response or objection to
   the motion within fifteen (15) days after the mailing of a copy of the
   motion, the court shall order the judgment lien released.
   
   d. When a judgment lien is ordered released by the court, the court
   shall cause a Release of Judgment Lien, in the form provided by the
   Administrative Director of the Courts, to be prepared. Instructions
   shall be printed on such form advising the judgment debtor to file the
   Release in the office of the county clerk of the county in which the
   real estate is situated in order to obtain the release of the lien of
   the judgment upon the real estate of the judgment debtor in such
   county.
   
   e. The party filing the motion for release shall pay all costs of the
   proceeding and any recording fees.
   
   F. Effect of Filing or Recording a Judgment. The filing or recording
   of a judgment itself in the office of a county clerk on or after
   October 1, 1993, shall not be effective to create a general money
   judgment lien upon real estate, but a certified copy of a judgment may
   be recorded in such office for the purpose of giving notice of its
   contents whether or not recording is required by law.
   
   G. Acceptance by County Clerk. The county clerk shall accept for
   filing and file any Statement of Judgment or Release of Judgment Lien
   without requiring any formalities of execution other than those
   provided in this section.
   

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