§ 1141.5.Liability For Damages, Costs and Attorney Fees
Chapter 20: Actions Regarding Real Property · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1141.5 lets a requestor who later wins a quiet title action recover the expenses of preparing the notice and litigating the case, including costs and attorney's fees, from a respondent who ignored, refused, or ducked the notice -- and gives a prevailing respondent the same recovery if the requestor loses.
A.If a requestor prepares a notice pursuant to Section 3 of this act, and:
1.The respondent receives the notice and fails to respond, or
2.The respondent requests clarification or additional information and then subsequently refuses to execute and deliver a curative instrument or to take the corrective action identified in the notice, or
4.The respondent receives the notice and refuses to take the action requested in the notice, then in the event that the requestor files an action to quiet title to the subject parcel pursuant to Section 1141 of Title 12 of the Oklahoma Statutes, and the civil action results in a judgment for the plaintiff which could have been accomplished through the execution and delivery of a curative instrument or the taking of corrective action identified in a notice, the plaintiff in the quiet title action, in addition to any other requested relief, shall be entitled to recover damages equal to the actual expenses incurred by the plaintiff in identifying the relevant instrument, preparing the notice to the respondent pursuant to Section 3 of this act, and the expenses of litigation directly related to obtaining judgment quieting title in the plaintiff with respect to the interest or apparent interest forming the basis of the action against the respondent, including costs and reasonable attorney fees.
B.If a defendant in the quiet title action who either failed to respond to a notice pursuant to Section 4 of this act or who refused to execute and deliver a curative instrument or take corrective action identified in the notice prevails in the quiet title action, the defendant in the quiet title action, in addition to any other requested relief, shall be entitled to recover damages equal to the actual expenses incurred by the defendant in responding to the notice from the requestor pursuant to Section 4 of this act, and the expenses of litigation directly related to obtaining judgment quieting title in the defendant or asserting an affirmative defense with respect to the interest or apparent interest forming the basis of the action against the defendant, including costs and reasonable attorney fees.
Amendment History
Added by Laws 2000, HB 2024, c. 147, §5, eff. 11/1/2000.
Plain-English Summary
Subsection A covers the requestor's side. If a respondent fails to respond, refuses after asking for clarification, refuses to claim the certified mail, or refuses the requested action, and the requestor then wins a quiet title action under Section 1141 on a claim that the curative instrument or corrective action could have resolved, the requestor recovers the actual expenses of identifying the instrument, preparing the notice, and litigating the case -- plus costs and reasonable attorney's fees.
Subsection B mirrors that rule for the respondent. A defendant who either failed to respond to the notice or refused the requested curative instrument or corrective action, and who then prevails in the quiet title action, recovers the actual expenses of responding to the notice and litigating the case, along with costs and reasonable attorney's fees.
Frequently Asked Questions
What can a requestor recover if they win a quiet title suit after the respondent ignored their notice?
The actual expenses of identifying the instrument, preparing the notice, and litigating the case, plus costs and reasonable attorney's fees.
Does refusing to claim certified mail expose the respondent to this liability?
Yes. Refusing to claim the notice is one of the listed triggers for the requestor's damages remedy if the quiet title action later succeeds.
What if the respondent wins the quiet title action instead?
A defendant who failed to respond to the notice or refused the requested action, and then prevails, can recover their own expenses of responding to the notice and litigating the case, plus costs and attorney's fees.
Does this section apply to every quiet title case?
No. It applies only where the requestor first sent a notice under Section 1141.3 and the judgment could have been accomplished through the curative instrument or corrective action described in that notice.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as:damages for ignoring title cloud notice oklahomaattorney fees quiet title oklahoma12 O.S. § 1141.5recover litigation costs curative instrument oklahoma