Chapter 39: Oklahoma Pleading Code · Last amended November 1, 1987 · Last verified August 3, 2026
In one sentenceSection 2004.2 codifies Oklahoma's lis pendens doctrine: once a petition affecting real property is filed and recorded as a notice of pendency with the county clerk, third parties can't acquire an interest in that property that defeats the prevailing party's title.
A.Upon the filing of a petition, the action is pending so as to charge third persons with notice of its pendency. While an action is pending, no third person shall acquire an interest in the subject matter of the suit as against the prevailing party's title; except that:
1.As to actions in either state or federal court involving real property, such notice shall be effective from and after the time that a notice of pendency of action, identifying the case and the court in which it is pending and giving the legal description of the land affected by the action, is filed of record in the office of the county clerk of the county wherein the land is situated; and
2.Notice of the pendency of an action shall have no effect unless service of process is made upon the defendant or service by publication is commenced within one hundred twenty (120) days after the filing of the petition.
B.Except as to mechanics and materialman lien claimants, any interest in real property which is the subject matter of an action pending in any state or federal court, acquired or purported to be acquired subsequent to the filing of a notice of pendency of action as provided in subsection A of this section, or acquired or purported to be acquired prior to but filed or perfected after the filing of such notice of pendency of action, shall be void as against the prevailing party or parties to such action.
C.No person purporting to acquire or perfect an interest in real property in contravention of this section need be given notice of a sale upon execution or of hearing upon confirmation thereof.
Amendment History
Added by Laws 1985, HB 1408, c. 277, §5, eff. 11/1/1985; Amended by Laws 1987, HB 1261, c.
189, §4, eff. 11/1/1987.
Plain-English Summary
Filing a petition puts the world on notice that a lawsuit is pending, but for real property this section requires an extra step to make that notice effective against third parties: the plaintiff must record a notice of pendency of action, identifying the case, the court, and the land's legal description, with the county clerk where the property sits. Once recorded, any interest in the property that someone else acquires or files afterward is void against the party who ultimately prevails, with an exception for mechanics' and materialman's lien claimants.
The notice loses its effect if the plaintiff doesn't serve the defendant, or start service by publication, within 120 days of filing. And because the statute protects people who search the public record, anyone who tries to acquire an interest in the property after a proper notice of pendency has been filed doesn't need separate notice of an execution sale or a confirmation hearing.
Frequently Asked Questions
Does filing a lawsuit alone protect real property from being sold to a third party during the case?
Not on its own -- subsection A requires the plaintiff to also record a notice of pendency of action with the county clerk, describing the land and the case, for that protection to attach.
What happens to someone who buys the property after the notice is recorded?
Under subsection B, any interest acquired after the notice of pendency is filed is void against the party who prevails in the lawsuit, except for mechanics' and materialman's lien claimants.
Is there a deadline tied to the notice of pendency?
Yes -- under paragraph 2 of subsection A, the notice has no effect unless the defendant is served, or service by publication begins, within 120 days after the petition is filed.
Does a later buyer need to be notified of a sheriff's sale?
No -- subsection C excuses notice of an execution sale or confirmation hearing to anyone who acquired or tried to acquire an interest in the property in violation of this section.
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:oklahoma lis pendens statute12 O.S. § 2004.2notice of pendency of action oklahomalis pendens real property oklahoma