Okla. Stat. tit. 12A § 1-9-517
The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record.
Okla. Stat. tit. 12A, § 1-9-517
Oklahoma Code Comment
This section is new and addresses the effectiveness of a financing statement that was incorrectly indexed by the Oklahoma UCC Central Filing Office. While the section is entirely new in terms of its specificity, it is consistent with old sections 9-303 and 9-403 (revised sections 9-308 and 9-516(a)) (proper submission of financing statement constitutes perfection), and therefore represents a clarification rather than a change in the law. This section is illustrative of the effort in revised Article 9 to clarify difficult technical issues that were troublesome under prior law.
This Section clearly states that in the event the Oklahoma UCC Central Filing Office does not correctly index the secured party's filing, the financing statement is effective nonetheless. It is recommended that secured parties confirm that their filings were properly received and indexed by reviewing the filing office's online database or by requesting a certified search.
As with former sections 9-401 and 9-403 , this section imposes the risk of filing-office error on those who search the records rather than those who file. See generally In re Mines Tire Company, Inc., 194 B.R. 23 (Bankr. W.D. N.Y. 1996) (computer search technology does not change the duty of the records searcher to do what is necessary to discover any relevant filings). However, see also revised section 9-338 (secured party risks loss of priority if the financing statement includes erroneous information) and section 9-506 (seriously misleading test). Cf. revised sections 9-507 and 9-508 (effects of subsequent changes).
According to the governmental tort claims act, 51 Oklahoma Stat. Section 151 et seq., the state of Oklahoma in adopting the Doctrine of Sovereign Immunity explicitly excepts a political subdivisions, e.g., the Oklahoma UCC Central Filing Office, from liability for torts such as negligence.