Do you need an ejectment lawyer to get a person removed from your home or real estate in Oklahoma? If so, you have come to the right place. I am a real estate attorney that specializes in evictions and ejectments, doing whatever is necessary to remove a person from your property.
You may have recently attempted to evict a person who has no right to be on your property, only to be told by the judge that you cannot evict them; that your eviction case must be dismissed; and that you must proceed with a lawsuit for ejectment. You may be wondering, “what is an ejectment?” or “what is the difference between an ejectment and an eviction?” These are good questions and I intend to answer them for you in this article.
What is the difference between an ejectment and an eviction in Oklahoma?
First, you should understand the eviction process. In Oklahoma, there is a process called forcible entry and detainer (F.E.D.), which is a special type of lawsuit that can be made by a landlord against a tenant to get immediate possession of the premises. An F.E.D. case can, but does not have to, include a claim for money damages, such as rent due or other fees owed. You can use the F.E.D. process to evict a tenant and get back immediate possession of your premises, while you then take your time on doing an accounting and filing a separate lawsuit for money damages.
The forcible entry and detainer process was created to assist landlords with recovering possession of their leased premises from tenants. The F.E.D. process does not include, and cannot be used, in deciding judgments on issues of title ownership or foreclosure.
“In an action in forcible entry and detainer, the sole question involved and the only issue that can be determined is the right of possession, and the question of title or the right of title cannot be determined in such actions. Montgomery v. Hill, 80 Okla. 230, 195 P. 897, and Coddington v. Andrews, 179 Okla. 63, 64 P.2d 666. Accordingly, any person who wants to quiet title to land or obtain some other declaratory ruling must seek action in district court and not before a special judge on the F.E.D. docket.
An ejectment, on the other hand, is a common law action to oust persons from a property that do not have clear title to the property. In these actions, there is no landlord-tenant relationship. Instead, there is a claim of who has a right to be there under a claim of title (i.e. ownership).
Ejectments are very simple. There are only two elements: 1) the establishment of a valid title ownership; and 2) occupation of the premises by persons without any claim to tile. Warren v. Stansbury, 189 P.2d 948, 199 Okla. 683, 684 (Okla.1948) (“Ejectment may be maintained on proof of title carrying as an element of ownership a right of possession and enjoyment.”)
Therefore, if there is a dispute as to title ownership, the case must proceed as an ejectment, and not as a forcible entry and detainer action. That means the entire case must be re-filed as the proper action, before the proper judge, and through a separate procedural process.
The legal process of Ejectment in Oklahoma courts
The big take away from the last section is this: When a tenant shows up at an eviction hearing and claims they have some form of ownership in the property, the judge must dismiss the forcible entry and detain action and require a new lawsuit for ejectment to be filed.
This can be frustrating, especially when the person you are evicting has no legitimate reason for claiming to have an ownership interest in your property. However, that is how the law works in Oklahoma, and if you want to get the person out, you just have to get to work as quickly as possible using the procedural process the judge requires. In this case, an ejectment lawsuit is required.
The first step is filing a Petition for Ejectment, and paying the correct filing fee, as Petitions for Forcible Entry and Detainer have a smaller filing fee. The next step, after serving the Petition, is conducting any discovery you may need to do to collect any evidence, or admission of a lack thereof, from the other party. From there, you can either file a motion for summary judgment, or a demand for trial, and proceed to get a pretrial hearing and trial. Ejectment actions do not involve juries, and therefore a judge will make the final decision, not a jury.
An ejectment lawsuit does not use a “small claims procedure,” but involves the civil district courts of Oklahoma, and therefore, it is highly advised you obtain counsel, as a pro se litigant will be unfamiliar with the rules of civil procedure.
The goal of your ejectment action will not only involve recovering possession of your premises, but also a judgment quieting title in your name and barring any other party’s claim to your title. You may then record the judgment with the county clerk to resolve any title issues that could come up during financing. (I’m a licensed mortgage broker and can also refinance your property after the ejectment action, if you so wish).
Hire Oklahoma City Real Estate Attorney to file your Ejectment lawsuit
I have been a practicing trial attorney since 2009, and I have handled many trials before both judges and juries. I regularly represent landlords in eviction proceedings, where I quickly get tenants evicted for the benefit of my landlord clients. It is not unusual for a simple eviction case to get converted to an ejectment case. This is especially common in cases involving family members evicting other members of the family. But it also happens in cases where there leases with purchase option clauses. No matter what type of scenario you are facing, I can help you, the landowner, resolve legal issues with persons refusing to leave your property, or claiming they have some ownership in your property.
Call my office at 405-607-7799 and schedule a consultation. I look forward to meeting with you.
