Oklahoma Now Requires Citizenship Affidavit with Deeds

Effective November 1, 2023, any deed filed with an Oklahoma county clerk must include an affidavit executed by the person or entity coming into title attesting that the person or entity is taking title in compliance with state laws on foreign ownership of property.  The affidavits, which were promulgated by the Oklahoma Office of the Attorney General (OAG) for individuals, exempt businesses and trusts (engaged in interstate commerce), and non-exempt businesses and trusts, require the signer: (i) to attest that the property’s new owner is either a United States citizen or an alien who is or may become a bona fide resident of Oklahoma; and (ii) to acknowledge the law on foreign ownership of real property and compliance with the general ban on using prohibited funding sources in the sale or transfer of real property. 

While the OAG and Oklahoma Real Estate Commission (OREC) both provide that the buyer is ultimately responsible for executing the affidavit, OREC advises that real estate licensees inform buyers early in the process that an affidavit will be required to close a transaction.  The Oklahoma Land Title Association further advises that a title company will not be able to record a deed without the signed affidavit.