In Oklahoma a warranty deed was executed in 1982 but was never filed until 2000 would it still be good even if the land was sold off before it was filed?

Answer 1

An unrecorded deed can cause serious problems for the grantee. The short answer to your question is that the grantee on the 1982 deed does not own the land. He may be able to get a refund of the money he paid for it from the grantor but he would need to seek the advice of an attorney to determine the statute of limitations in that type of a transaction. Oklahoma is essentially a race-notice state. That means the deed must be recorded in order to give notice to the world that you own the property. If you don't record the deed it may be only effective against the grantor. If enough time passes, it may not be effective at all. For example, suppose William conveyed his sprout land containing 20 acres to his brother Patrick for a nominal sum. Patrick never recorded the deed. Fifteen years later, William is older and his memory goofs off occasionally, Patrick still lives in town, that sprout land out in the rear is just sitting there and William's son suggests that he sell the land for retirement income. A developer purchases the 20 acres for a fair price and records the deed. She has no notice that the land was sold to Patrick. She is now the legal owner of the land. If Patrick finds out that the land was sold and remembers that he still has that old deed in a drawer it can only be used to try to get his money back from William. On the other hand, if Patrick could prove the local developer knew he bought the land fifteen years ago and didn't record the deed, and was purposely taking advantage of the situation, then Patrick could regain title to the land. However, a court order would be required and legal expenses would be incurred in obtaining it. RULE: Deeds should always be recorded ASAP.