Oklahoma Foreclosure Laws

In the State of Oklahoma, the foreclosure sale is done both ways, in court and out-of-court. The entire foreclosure process in Oklahoma would take 6-7 months from the date of default.

Pre foreclosure Period

If the mortgage deed gives the right of sale to the lender, the lender can proceed with the foreclosure out-of-court. But the stringent Oklahoma laws make it difficult to complete the out-of-court foreclosure proceedings. Therefore, most foreclosures are made through court.

The lender has to send notices of default to the borrower. Once sufficient notice of the default is given to the borrower, the lender files the default with the court to initiate the foreclosure process. A Lis Pendens (Pending Lawsuit) is recorded against the borrower.

The notice of the lawsuit is sent to the borrower for response. The borrower is given a period of 20 days to file his reply with the court. If there is no response from the borrower, the court orders the sale of the foreclosure and files an affidavit of judgment with the County Clerk.

Auction Notice

A special order of sale is issued after the court declares the foreclosure. The property may be subjected to appraisal of its value. The notice of sale is recorded in the county where the property is located. Notice of sale is also published in a local newspaper once a week for four consecutive weeks. The date of the first publication of the notice in the newspaper must not be less than 30 days from the date of the sale.

The sale of the property at the designated date is to be overseen by the county Sheriff. The minimum bid shall not less than 2/3rd (two-thirds) of the appraised value of the property, if an appraisal has been made. If there is no appraisal then there is no minimum bid.

The property shall be sold to the highest bidder. The prized bidder must remit at the time of auction an amount equal to 10 percent of the bid in cash, or in equivalent certified funds. After the sale is completed, the confirmation of the sale is to be issued by the court. The period between the completion of the sale and the confirmation of the sale by the court is generally about 15 days.

The borrower has the option of redeeming the property before confirmation of the sale by the court.

If the Sheriff's sale is cancelled for any reason, the entire foreclosure process has to be started again.

Deficiency Judgment

If the funds realized from the auction sale are inadequate to satisfy the debts, the lender can file for deficiency judgment against the borrower within 90 days from the date of the foreclosure sale.


The borrower can redeem the mortgage by paying the full dues, along with costs and interest, before the sale is confirmed by the court. The interval is generally 15 days from the date of completion of the auction sale. After the sale is confirmed by the court it cannot be redeemed by the borrower.

If you need more information about Oklahoma foreclosure laws, you should contact a foreclosure lawyer, or contact us so we can recommend one for you.

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