Summary of Oklahoma's Foreclosure Laws

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If you are facing foreclosure in Oklahoma, it’s important to understand some of the basics, including:

  • the most common type of foreclosure procedure (judicial v. nonjudicial) used in Oklahoma
  • how much time you have to respond
  • your rights and protections in the process, and
  • what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).

Below we have outlined some of the most important features of Oklahoma foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.

Topic

State Rule

Most common type of foreclosure process

Judicial

Time to respond

After foreclosing party files lawsuit, homeowner has 20 days to respond. After the court issues a foreclosure judgment, foreclosing party must serve a notice of sale on homeowner by mail and publish notice of sale at least 30 days before the sale.

Reinstatement of loan before sale

Not available (except as required by the terms of the mortgage)

Redemption after sale

Allowed until court confirms sale

Special protections for foreclosures involving high-cost mortgages

None

Special state protections for service members

Federal Servicemembers Civil Relief Act protections apply to members of the Oklahoma National Guard when ordered to state active duty or full-time National Guard duty. Okla. Stat. tit. 44, § 208.1

Deficiency judgments

Allowed, but amount limited by market value of property. Lender must ask the court for deficiency judgment within 90 days after sale.

Cash exempted in bankruptcy

None

Notice to leave after house is sold

Judge may order immediate possession by purchaser. Failure to move out may be punished as contempt of court.

Foreclosure statutes

Okla. Stat. tit. 12, §§ 686, 764 to 765, 773; Okla. Stat. tit. 46, §§ 41 to 49

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