single instrument)? If so, which party is the Grantee? o What about Dedication Deeds to the “Public”? · What do we mean by “lands”? o Pertinent to that include mineral interests? o What about working interests? · Who has to sign the affidavit? o Does each Grantee have to sign if there is more than one? o If there is more than one Grantee, do they each have to sign their own forms? o Do all Trustees of a trust have to sign an affidavit and recite citizenship or alien status for each trustee and beneficiary? o How does a minor or incompetent Grantee sign an affidavit? o Can an Attorney-in-Fact or Guardian sign an affidavit? o Do all partners in a general partnership have to sign and recite citizenship or alien status? o Do all general and limited partners in a limited partnership have to sign and recite citizenship or alien status? o Do affidavits for corporation and LLC grantees have to recite citizenship or alien status for every share or unit holder? · Who is considered a bona fide resident? · What deeds are exempt and do not need an affidavit? o How is the exemption shown? · What businesses are, or are not, engaged in interstate commerce? · What happens if the deed is filed without the affidavit? Does the grantor still own the lands against their will?
· What is the penalty for non-compliance if a deed is filed without a required affidavit? o Is the deed void, voidable, or valid? o After the fact, is the burden of proving validity on the grantee or the burden of proving invalidity on the grantor or a third party? o If non-compliance does not impact validity, does it nonetheless impact marketability? · Is SB 212 unconstitutional pursuant to the holdings of Parwal Inv. Co. v. State and State ex rel. Short v. Benevolent Inv. & Relief Ass’n. because it amends § 121 to be self- executing? · Is SB 212’s prohibition on filing without an affidavit actually ineffective because recording of a deed is not legally necessary to convey valid title between the parties 29 but only to give record notice, the transfer taking place upon delivery, not recording. · Is § 121 now irreconcilably self- contradictory and thus, unconstitutional, because the acts of aliens owning personal property, shares, or units in an entity 30 , is expressly allowed, but only if the entity owns no real property? On February 6, 2024, the AG issued the much- awaited AG’s Opinion 2024-2 regarding § 121 and the application thereof. 31 The Opinion first made a quick proclamation of what title transactions are exempt from the affidavit requirement, including the following: · Deeds where the grantee is a domestic governmental body
such as the United States, State of Oklahoma, or a political subdivision, or a Tribe;
· State or federal court orders
in probate, divorce, quiet title judgments, or other judicial
29.) 16 O.S. §§15 &16. 30.) 60 O.S. §§ 4-6. 31.) The Opinion can be found here: ag_opinion_2024-2_ago24-2. pdf (ok.gov).
24
N at i onal A ssociation of D i v i s i on O rder A nalys t s
Made with FlippingBook - professional solution for displaying marketing and sales documents online