Oklahoma · 12 O.S. §2004.2Oklahoma lis pendens: the notice of pendency of action and the 120-day service rule
In Oklahoma, filing a petition makes an action pending so as to charge third persons with notice, and while it is pending no third person acquires an interest in the subject matter against the prevailing party's title (12 O.S. §2004.2(A)). For actions in state or federal court involving real property, that notice takes effect only once a notice of pendency of action – identifying the case and the court and giving the legal description of the land – is filed of record with the county clerk of the county where the land is (§2004.2(A)(1)). The notice has no effect unless service of process on the defendant, or service by publication, begins within 120 days after the petition is filed (§2004.2(A)(2)). Except for mechanics' and materialmen's lien claimants, an interest in the land acquired after the notice is filed – or acquired earlier but filed or perfected after it – is void against the prevailing party (§2004.2(B)). Someone who acquires an interest in violation of the section need not get notice of an execution sale or its confirmation hearing (§2004.2(C)).
The rules
1. Filing (§2004.2(A)(1))
Notice with the county clerk: the case, the court and the legal description.
2. Service (§2004.2(A)(2))
No effect unless service begins within 120 days after the petition.
3. Later interests (§2004.2(B))
Void against the prevailing party, except mechanics' lien claimants.
4. Execution sale (§2004.2(C))
No notice of the sale or confirmation is owed to such later interests.
What the TC can do
- When the title commitment shows a notice of pendency of action, flag it to the agents and the title company at once.
- Ask the title company how it treats the notice and what will clear it before closing.
- Record the buyer's deed only after the title company confirms the notice is resolved.
Questions about Oklahoma lis pendens
What happens if you buy Oklahoma land after a lis pendens is filed?
Except for mechanics' and materialmen's lien claimants, an interest acquired after the notice of pendency of action is filed is void against the prevailing party (12 O.S. §2004.2(B)).
When does an Oklahoma lis pendens stop working?
It has no effect unless service of process on the defendant, or service by publication, begins within 120 days after the petition is filed (12 O.S. §2004.2(A)(2)).
Related guides
Put the notice of pendency of action and its resolution on the title tasks in ClosingCode.
Start free trialSource: 12 O.S. §2004.2 (Title 12 at oklegislature.gov, read October 29, 2026).
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.