§ 60-838. Exemptions from application of act.

A.  This act does not apply to:

1.  Transfers pursuant to court order, including, but not limited to, transfers pursuant to a writ of execution, transfers by eminent domain and transfers pursuant to an order for partition;

2.  Transfers to a mortgagee by a mortgagor or successor in interest who is in default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, transfers by a mortgagee's sale under a power of sale after default in an obligation secured by any instrument containing a power of sale, or transfers by a mortgagee who has acquired the real property at a sale conducted pursuant to a power of sale or a sale pursuant to a decree of foreclosure or has acquired the real property by deed in lieu of foreclosure;

3.  Transfers by a fiduciary who is not an owner occupant of the subject property in the course of the administration of a decedent's estate, guardianship, conservatorship or trust;

4.  Transfers from one co-owner to one or more other co-owners;

5.  Transfers made to a spouse, or to the person or persons in the lineal line of consanguinity of one or more of the owners;

6.  Transfers between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property settlement agreement incidental to such a decree;

7.  Transfers made pursuant to mergers and from a subsidiary to a parent or the reverse;

8.  Transfers or exchanges to or from any governmental entity; or

9.  Transfers of a newly constructed, previously unoccupied dwelling.

B.  Nothing in this act shall be construed to alter or change the requirements of Section 858-513 of Title 59 of the Oklahoma Statutes, regarding psychologically impacted real estate.

Added by Laws 1994, c. 198, § 8, eff. July 1, 1995.