{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-686","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-686","heading":"Judgment in foreclosure suit - Sale of real estate - Lands","body":"in different counties - Application of proceeds - Attorney's fees\n\nand expenses, taxation of - Putting purchaser in possession - Post\n\njudgment deficiency order.\n\nIn actions to enforce a mortgage, deed of trust, or other lien\n\nor charge, a personal judgment or judgment or judgments shall be\n\nrendered for the amount or amounts due as well to the plaintiff as\n\nother parties to the action having liens upon the mortgaged premises\n\nby mortgage or otherwise, with interest thereon, and for sale of the\n\nproperty charged and the application of the proceeds; or such\n\napplication may be reserved for the future order of the court, and\n\nthe court shall tax the costs, attorney's fees and expenses which\n\nmay accrue in the action, and apportion the same among the parties\n\naccording to their respective interests, to be collected on the\n\norder of sale or sales issued thereon; when the same mortgage\n\nembraces separate tracts of land situated in two or more counties,\n\nthe sheriff of each county shall make sale of the lands situated in\n\nthe county of which he or she is sheriff. No real estate shall be\n\nsold for the payment of any money or the performance of any contract\n\nor agreement in writing, in security for which it may have been\n\npledged or assigned, except in pursuance of a judgment of a court of\n\ncompetent jurisdiction ordering such sale. The court may, in the\n\norder confirming a sale of land under order of sale on foreclosure\n\nor upon execution, award or order the issuance of a writ of\n\nassistance by the clerk of the court to the sheriff of the county\n\nwhere the land is situated, to place the purchaser in full\n\npossession of such land, and any resistance of the service of such\n\nwrit of assistance shall constitute an indirect contempt of the\n\nprocess of such court, and if any person who has been removed from\n\nany lands by process of law or writ of assistance or who has removed\n\nfrom any lands pursuant to law or adjudication or direction of any\n\ncourt, tribunal or officer, afterwards, without authority of law,\n\nreturns to settle or reside upon such land, the person shall be\n\nguilty of an indirect contempt of court, and may be proceeded\n\nagainst and punished for such contempt. Notwithstanding the above\n\nprovisions, no judgment shall be enforced for any residue of the\n\ndebt remaining unsatisfied as prescribed by this act after the\n\nmortgaged property shall have been sold, except as herein provided.\n\nSimultaneously with the making of a motion for an order confirming\n\nthe sale or in any event within ninety (90) days after the date of\n\nthe sale, the party to whom such residue shall be owing may make a\n\nmotion in the action for leave to enter a post-judgment deficiency\n\norder upon notice to the party against whom such judgment is sought\n\nor the attorney who shall have appeared for such party in such\n\naction. Such notice shall be served personally or in such other\n\nmanner as the court may direct. Upon such motion the court, whether\n\nor not the respondent appears, shall determine, upon affidavit or\n\notherwise as it shall direct, the fair and reasonable market value\n\nof the mortgaged premises as of the date of sale or such nearest\n\nearlier date as there shall have been any market value thereof and\n\nshall enter a post-judgment deficiency order. Such post-judgment\n\ndeficiency order shall be for an amount equal to the sum of the\n\namount owing by the party liable as determined by the order with\n\ninterest, plus costs and disbursements of the action plus the amount\n\nowing on all prior liens and encumbrances with interest, less the\n\nmarket value as determined by the court or the sale price of the\n\nproperty whichever shall be the higher. If no motion for a post-\n\njudgment deficiency order shall be made as herein prescribed the\n\nproceeds of the sale regardless of amount shall be deemed to be in\n\nfull satisfaction of the mortgage debt and no right to recover any\nowing on all prior liens and encumbrances with interest, less the\n\nmarket value as determined by the court or the sale price of the\n\nproperty whichever shall be the higher. If no motion for a post-\n\njudgment deficiency order shall be made as herein prescribed the\n\nproceeds of the sale regardless of amount shall be deemed to be in\n\nfull satisfaction of the mortgage debt and no right to recover any\n\ndeficiency in any action or proceeding shall exist.\n\nIn any action pending at the time this act becomes effective or\n\nthereafter commenced, other than an action to foreclose a mortgage,\n\nto recover a judgment for any indebtedness secured by a mortgage on\n\nreal property and which originated simultaneously with such mortgage\n\nand which is secured solely by such mortgage, against any person or\n\ncorporation directly or indirectly or contingently liable therefor,\n\nany party against whom a money judgment is demanded, shall be\n\nentitled to set off the fair and reasonable market value of the\n\nmortgaged property less the amounts owing on prior liens and\n\nencumbrances. Provided that nothing in this section shall limit or\n\nreduce any post-judgment deficiency order in favor of or in behalf\n\nof the state for any debts, obligations or taxes due the state, now\n\nor hereafter.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a2a48e0a99325ad0108a6b080ea84a02419c8f55128659e240c9ec10920f1635","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-684.1","next":"us-ok/okla.-stat.-tit.-12-12-687"},"notice":"GroundRules: Original legal text. Not legal advice."}