Opinion No.

Oklahoma Attorney General Reports

Opinion No.

DecidedJanuary 5, 1965

StatusPublished

This text of Opinion No. (Opinion No.) is published on Counsel Stack Legal Research, covering Oklahoma Attorney General Reports primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Opinion No., (Okla. Super. Ct. 1965).

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OPINION — AG — A REASONABLE INTERPRETATION OF BOTH STATUTES WOULD REQUIRE THE COUNTY CLERK TO RECORD THE RELEASE OF MORTGAGE FREE OF CHARGE WHEN SO REQUESTED BY THE COMMISSIONERS OF THE LAND OFFICE PURSUANT TO 64 O.S. 1961 152 [64-152], IF THE INSTRUMENT IS INCIDENTALLY OR DIRECTLY RELATED TO THE DUTIES OF THEIR OFFICE. ON THE OTHER HAND, THE MORTGAGOR MUST, IN ALL CASES, PAY THE EXPENSES OF RECORDING THE RELEASE OF MORTGAGE PURSUANT TO 46 O.S. 1961 16 [46-16]. IF THE MORTGAGOR PAYS THE FEE TO THE COMMISSIONERS, THE COMMISSIONERS SHOULD FORWARD THE FEE TO THE COUNTY CLERK WHO PERFORMED THE SERVICE. THIS OPINION SUPERSEDES (OVERRIDES) THE OPINION OF THIS OFFICE DATE JULY 13, 1935. (JOSEPH MUSKRAT)

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OPINION — AG — A REASONABLE INTERPRETATION OF BOTH STATUTES WOULD REQUIRE THE COUNTY CLERK TO RECORD THE RELEASE OF MORTGAGE FREE OF CHARGE WHEN SO REQUESTED BY THE COMMISSIONERS OF THE LAND OFFICE PURSUANT TO 64 O.S. 1961 152 [64-152], IF THE INSTRUMENT IS INCIDENTALLY OR DIRECTLY RELATED TO THE DUTIES OF THEIR OFFICE. ON THE OTHER HAND, THE MORTGAGOR MUST, IN ALL CASES, PAY THE EXPENSES OF RECORDING THE RELEASE OF MORTGAGE PURSUANT TO 46 O.S. 1961 16 [46-16]. IF THE MORTGAGOR PAYS THE FEE TO THE COMMISSIONERS, THE COMMISSIONERS SHOULD FORWARD THE FEE TO THE COUNTY CLERK WHO PERFORMED THE SERVICE. THIS OPINION SUPERSEDES (OVERRIDES) THE OPINION OF THIS OFFICE DATE JULY 13, 1935. (JOSEPH MUSKRAT)

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