{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-764","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-764","heading":"Notice of sale of realty","body":"A. Lands and tenements taken on execution shall not be sold\n\nunless the party causing the execution to be issued:\n\n1. Causes a written notice of sale executed by the sheriff\n\ncontaining the legal description of the property to be sold and\n\nstating the date, time, and place where the property will be sold\n\nand, if the sale is to utilize an online sale marketplace, stating\n\nthe sale will be conducted through an online auction marketplace,\n\nthe Internet address where bids may be entered, the date of the\n\nsale, and the time when bidding is scheduled to be open, to be\n\nmailed, by first-class mail, postage prepaid, to the judgment\n\ndebtor, any holder of interest of record in the property to be sold\n\nwhose interest is sought to be extinguished, and all other persons\n\nof whom the party causing the execution to be issued has notice who\n\nclaim a lien or any interest in the property whose interest is\n\nsought to be extinguished, at least ten (10) days prior to the date\n\nof the sale, if the names and addresses of such persons are known;\n\n2. Causes public notice of the date, time and place of sale to\n\nbe given by publication for two (2) successive weeks in a newspaper\n\npublished in the county in which the property to be sold is\n\nsituated, or in case no newspaper is published in such county, then\n\nin a newspaper of general circulation therein and by putting up an\n\nadvertisement upon the courthouse door and in five other public\n\nplaces in such county, two of which shall be in the township where\n\nsuch lands and tenements lie; provided, that in counties now having\n\na population of one hundred ten thousand (110,000) or more according\n\nto the last Federal Decennial Census, the advertisement shall be\n\npublished in some newspaper published in the city or township where\n\nsuch lands and tenements lie, or if there is no newspaper in such\n\ncity or township, then in some newspaper published in the county.\n\nNotice shall be executed by the sheriff and state the name of any\n\nperson having an interest in the property to be sold whose interest\n\nis sought to be extinguished and whose actual address is unknown,\n\nand shall designate the person or persons whose unknown successors\n\nare being notified; and\n\n3. Files in the case an affidavit of proof of mailing and of\n\npublication or posting.\n\nB. A written notice of sale executed prior to November 1, 1987,\n\nby the party causing the execution to be issued but otherwise\n\nconforming to the provisions of this section shall, for all\n\npurposes, be deemed valid.\n\nC. Such sale shall not be held less than thirty (30) days after\n\nthe date of first publication of the notice required in paragraph 2\n\nof subsection A of this section. If a purchaser other than the\n\nparty causing the execution to be issued, when required by the\n\nsheriff, fails to post cash or certified funds equal to ten percent\n\n(10%) of the amount bid for the property within twenty-four (24)\n\nhours of the sale, excluding Sundays and legal holidays, or\n\notherwise fails to complete the sale, the sheriff may accept the\n\nnext highest bid. Except as otherwise provided for in subsection B\n\nof this section, sales for which the provisions of subsection A of\n\nthis section have not been complied with shall be set aside on\n\nmotion by the court to which the execution is returnable.\n\nD. The sheriff may determine whether the sale provided for in\n\nthis section shall utilize an online auction marketplace. All sales\n\nof lands and tenements conducted by a sheriff utilizing an online\n\nauction marketplace shall be conducted in accordance with the\n\nprovisions of Section 4 of this act.\n\nR.L. 1910, § 5166. Amended by Laws 1927, c. 117, p. 184, § 1; Laws\n\n1957, p. 81, § 1; Laws 1986, c. 227, § 3, eff. Nov. 1, 1986; Laws\n\n1987, c. 189, § 2, operative Nov. 1, 1987; Laws 2025, c. 413, § 2,\n\nemerg. eff. May 28, 2025.","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":"2e36ecad8087003e638737a720eed46fb41f260f92dbdee0d15008248f7046f2","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-763","next":"us-ok/okla.-stat.-tit.-12-12-765"},"notice":"GroundRules: Original legal text. Not legal advice."}