Knight, Stockton & Cunningham, Attorneys, can provide you or your business with an Attorney’s Title Opinion. We offer fast, competent and courteous service.

An Attorney’s Title Opinion in Oklahoma is a formal written statement prepared by a licensed attorney that provides an analysis of the legal status of a property's title. It is based on a review of the property’s abstract of title or other relevant title records, and it helps determine whether the title is marketable and free from defects. In other articles, we discuss legal title vs. marketable title. The Attorney’s Title Opinion is usually completed through the examination of an Abstract of Title. The Abstract is examined to then provide a written opinion of an Attorney’s position on whether a piece of real property has marketable Title at a specific date in time.

The primary purpose of an Attorney’s Title Opinion is to identify any issues or defects in the title that could affect ownership rights or the ability to transfer the property. In Oklahoma, this document is often used in real estate transactions, particularly when the parties are not using title insurance but instead are relying on an attorney’s certification of title status.

1. **Review of Abstract of Title** – In Oklahoma, property title history is recorded in an abstract of title. The attorney examines the abstract to trace the chain of ownership and ensure that all previous transfers were legally valid.
2. **Identification of Liens and Encumbrances** – The attorney checks for mortgages, judgments, unpaid taxes, easements, and other encumbrances that could affect ownership.
3. **Legal Analysis** – The attorney applies Oklahoma property laws to determine if the title is marketable.
4. **Written Opinion** – The attorney issues a written opinion stating whether the title is clear, marketable, or subject to specific defects that need resolution.

In Oklahoma Marketable title is one free from apparent defects, grave doubts and litigious uncertainty, and consists of both legal and equitable title fairly deducible of record. Title Examination Standards, §1.1. Marketable Title Defined.

An “Abstract of title” is a compilation in orderly arrangement of the materials and facts of record, in the office of the county clerk and court clerk, affecting the title to a specific tract of land issued pursuant to a certificate certifying to the matters therein contained. 1 O.S. Sec. 21(1).

In Oklahoma an Attorney’s Title Opinion is also used to obtain Title Insurance through a licensed Title Agent.An Attorney’s Title Opinion is not the same Title Insurance but an Attorney’s Title Opinion is necessary to Obtain a Title Insurance policy as stated above.

In Oklahoma, an Attorney’s Title Opinions are especially important because the state has a requirement of obtaining an Attorney’s Title Opinion / Attorney’s Certificate in order to obtain Title Insurance (either an Owner’s or Lender’s Policy). Many lenders still require a title opinion before approving a loan, but can also obtain a Lender’s Policy of Title Insurance, and buyers rely on it for assurance that they are receiving clear ownership rights and can obtain an Owner’s Policy of Title Insurance.

While an attorney title opinion provides valuable legal analysis, it is not the same as title insurance. It does not guarantee compensation if a title defect is later discovered. Instead, it represents the attorney’s professional judgment based on available public records at the time of the review.

In Oklahoma a “title insurance policy” is any written instrument purporting to show the title to real or personal property or any interest therein or encumbrance thereon, or to furnish such information relative to real property, which written instrument in express terms purports to insure or guarantee such title or the correctness of such information. 36 O.S. Sec. 5004(A).

Oklahoma 36 O.S. Sec. 5001(c) provides: “C. Every commitment and policy of title insurance issued by any insurance company authorized to do business in this state shall be countersigned by some person, partnership, corporation or agency actively engaged in the real estate title business and maintaining an office in the state, who is a duly appointed a title insurance producer for a title insurance company holding a valid license and authorized to do business in the state; provided, that no commitment or policy of title insurance shall be issued in the State of Oklahoma except:

1. After examination by an attorney licensed to practice in this state of a duly certified abstract extension or supplemental abstract prepared by an abstractor licensed in the county where the property is located, from a certified abstract plant in the county where the property is located or per a temporary certificate of authority as provided in Section 33 of Title 1 of the Oklahoma Statutes, from the effective date of a prior owner’s policy of title insurance issued by a title insurer licensed in this state provided by the insured, the prior title insurance producer or the prior title insurer, at the time a valid order is placed pursuant to the provisions of the Oklahoma Abstractors Law brought forward to the effective date of the abstract plant. Subject to the conditions and stipulations, the exclusions from coverage, exceptions from coverage and endorsements to the policy, any policy issued based on a prior owner’s policy and a supplemental abstract shall insure the insured against loss or damage sustained or incurred by reason of unmarketability of title from sovereignty to the effective date of the policy, not to exceed the amount of insurance stated in the policy; or

2. If a prior owner’s policy of title insurance is not provided, then a title insurance commitment and policy may be issued after examination by an attorney licensed to practice in this state of a duly certified abstract of title prepared by a bonded and licensed abstractor as defined in the Oklahoma Abstractors Law.

An attorney title opinion in Oklahoma remains a critical part of many real estate transactions. By thoroughly reviewing the abstract of title and applying legal expertise, attorneys help protect buyers, sellers, and lenders from potential title disputes and ensure that property transfers are legally sound.