Filing Equitable Ownership Affidavit

Summary

The user is facing eviction from a property they were purchasing in Oklahoma. They have a signed purchase agreement and have made a down payment. The seller has failed to fulfill their obligations regarding maintenance and insurance. The user has notified the seller about these issues through a certified letter and oral discussions, but the seller has not responded. The user is planning to file an equitable ownership affidavit and present evidence of the sellers breach of contract at the upcoming FED hearing. The user has also attempted to re-establish communication with the seller through email, calls, and a certified letter.

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i need to know how to file an equitable ownership affidavit in oklahoma
What is the reason you're filing an equitable ownership affidavit?
i was buying a property but person I’m buying it from is trying to evict
Have you signed a purchase agreement for the property?

In Oklahoma, equitable ownership can be claimed if you have a valid purchase agreement.
yes
To file an equitable ownership affidavit in Oklahoma, you'll need to:

- Draft the affidavit detailing your claim
- Notarize the document
- File it with the county clerk's office

Oklahoma County Clerk: (*) *-*, * Robert S. Kerr Ave, Oklahoma City, OK *
Do court clerks have that form
Yes, the court clerk's office usually has standard affidavit forms. However, for specific forms like an equitable ownership affidavit, it's best to call ahead.
ok thank you
You're welcome, ****! If you have any more questions in the future, don't hesitate to ask. Good luck with your affidavit filing.
can you counter sue on an eviction in oklahoma
What are the grounds on which you are considering to counter sue? In Oklahoma, you can counter sue if you believe your landlord has violated the lease agreement or Oklahoma landlord-tenant laws.
we have a purchase agreement and I paid a down payment
What actions has the seller taken that you believe violate the purchase agreement?
he is trying to evict
What is the reason given by the seller for the eviction?
non payment
Did you miss any payments as per the purchase agreement?
yes but he has not held up his side of the agreement
What specific terms of the agreement has the seller failed to fulfill?
maitenance and carrying insurance
What evidence do you have to prove that the seller has not fulfilled his obligations regarding maintenance and insurance?
quotes from electrician and payment forma
What specific maintenance issues did the electrician's quotes address and what does the payment form indicate?
that electricity is not up to code and plumbing isn’t up to code wither
What steps have you taken to notify the seller about these maintenance issues?
certified letter, oral discussions
What was the seller's response to your notifications about the maintenance issues?
email
What does the email from the seller say in response to your notifications about the maintenance issues?
no reaponse
What date did you send the certified letter and when did you have the oral discussions?
*/* and */*
What was the content of the certified letter you sent to the seller?
describing all the maitenance issues
What was the seller's response to the certified letter describing the maintenance issues?
no reponse
What steps have you taken since the seller did not respond to your certified letter?
none seller has cut off communication
What is the current status of the eviction process?
fed hearing
What is the date of your FED (Forcible Entry and Detainer) hearing?
*/*/*
What evidence do you plan to present at the FED hearing to support your claim of equitable ownership and breach of agreement by the seller?
aogned contract for purchase as well as quoted from profesaionals
What professionals provided these quotes and what exactly do they state?
electrician states electricity isn’t up to code
What actions have you taken to rectify the electrical issues, and have you informed the seller about the electrician's findings?
got quote informed selller
What was the seller's response after you informed them about the electrician's findings?
no response
What steps have you taken since the seller did not respond to your information about the electrician's findings?
he has made no communication
What is your plan for the upcoming FED hearing?
file an equitable ownership affidavit
What is the status of your equitable ownership affidavit? Have you already drafted and notarized it?
no
What is preventing you from drafting and notarizing the equitable ownership affidavit?
need to file
What specific information are you having trouble with in drafting the equitable ownership affidavit?
form
What specific details are you unsure about when filling out the equitable ownership affidavit form?
statement of facts
What specific facts are you having trouble articulating in your equitable ownership affidavit?
that we had contract to ourchase
What specific terms were included in your purchase contract regarding the property?
* down
What were the terms regarding the payment schedule and maintenance responsibilities in your purchase contract?
seller responsible for insurance * a month payment
What were the terms in the contract regarding the seller's responsibility for maintenance and insurance?
he was to carry them and responsible for maitenance any maitenance over * would be added to end of note
What evidence do you have to prove that the seller agreed to these terms regarding maintenance and insurance?
signed agreement
What specific maintenance and insurance obligations were outlined in the signed agreement?
seller had to carry insurance
What specific insurance was the seller required to carry as per the agreement?
home
What evidence do you have to prove that the seller has not carried home insurance as agreed in the contract?
no valid insurance
What steps have you taken to confirm that the seller has not carried valid home insurance as agreed in the contract?
requested proof
requested proof of insurance
What was the seller's response when you requested proof of insurance?
no communication
he has not communicated
What steps have you taken since the seller did not respond to your request for proof of insurance?
none
What is your plan moving forward regarding the lack of communication from the seller about the insurance?
filing equitable ownership affidavit
What is the current status of your communication with the seller?
we have no communication
What steps have you taken to re-establish communication with the seller?
email calls and certified letter
What was the content of your email, calls, and certified letter to the seller?