§ 1141.4 Notice-Respondent's request for clarification or information--Failure of respondent to deliver curative instrument or take corrective action
§ 1141.4. Notice--Respondent's request for clarification or information--Failure of respondent to deliver curative instrument or take corrective action
A. The requestor shall prepare the notice as described in Section 3 of this act [FN1] and shall transmit the notice by certified mail to the person or entity identified in the notice as the respondent.
B. The respondent shall have a period of thirty (30) days from the receipt of the notice within which to respond to the notice and any request for the execution or delivery of a curative instrument or for corrective action.
C. A respondent may ask for clarification by the requestor or for further information prior to making either a negative response or an affirmative response. The respondent may communicate with the requestor within the period of time required for the respondent to make a response to the requestor, but any request made pursuant to this subsection shall not extend the time within which to respond.
D. The respondent may make a formal request of the requestor for clarification or for further information by certified mail if the formal request for clarification or additional information is received by the original requestor within the original period of time prescribed by subsection B of this section for a response by the respondent. If a respondent makes a formal request for clarification or for additional information, the original requestor shall have a period of twenty (20) days within which to transmit a clarification or additional information. The respondent shall then have a period of twenty (20) days from the date the clarification or additional information is received in order to provide a final response.
E. If a respondent declines to execute and deliver the curative instrument requested or take the corrective action requested, and the respondent communicates the refusal to the requestor, the requestor may pursue the remedies authorized by this section.
F. If the requestor properly transmits the notice by certified mail and the respondent does not claim the item as indicated by the records of the United States Post Office, the refusal to claim the item shall be treated as a refusal to respond to the request.
G. If a respondent executes and delivers or causes to be executed and delivered the curative instrument requested in the notice or takes the corrective action requested, the respondent shall not be liable for the damages specified in subsection A of Section 5 of this act [FN2] in a quiet title action notwithstanding that the respondent is named as a defendant in such an action.
[FN1] O.S.L.2000, c. 147, § 3 [Title 12, § 1141.3].
[FN2] O.S.L.2000, c. 147, § 5 [Title 12, § 1141.5].