{"data":{"id":"us-ok/okla.-stat.-tit.-46-46-302","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 46, § 46-302","heading":"Abandoned or vacated property - Motion to protect and","body":"preserve - Motion and hearing procedure.\n\nA. Upon commencement of a suit, action or proceeding to\n\nforeclose or otherwise enforce the remedies in any mortgage,\n\ncontract for deed or deed of trust in a court of competent\n\njurisdiction, if the plaintiff/mortgagee believes, knows, or has\n\nreason to know, that the subject property is abandoned or vacated\n\nand, as a result of such abandonment:\n\n1. Physical deterioration and devaluation of the property is\n\noccurring or has occurred;\n\n2. There exists a risk to the health, safety or welfare of the\n\npublic, or any adjoining or adjacent property owners, due to\n\npotential or actual acts of vandalism, loitering, criminal conduct\n\nor the physical destruction or deterioration of the property; or\n\n3. There exists a risk of additional legal process for\n\nviolation of law, ordinance, unpaid taxes or accrual of liens, the\n\nplaintiff/mortgagee may seek a court order to protect and preserve\n\nthe property pending the disposition of the suit, action or\n\nproceeding before the court.\n\nB. A motion to protect and preserve an abandoned or vacated\n\nproperty subject to a suit, action or proceeding to foreclose or\n\notherwise enforce the remedies in the mortgage, contract for deed or\n\ndeed of trust shall be filed and heard in accordance with court\n\nrules and statutory civil procedures for motions.\n\nC. The plaintiff/mortgagee, after filing a motion to protect\n\nand preserve property in the pending litigation before the court,\n\nand having received from the court a date, time and location to hear\n\nthe motion, shall present a certified copy of the motion and hearing\n\nnotice to the sheriff in the county in which the property is\n\nlocated. The sheriff, upon receiving a written request to post a\n\nmotion and hearing notice on a property within his or her\n\njurisdiction, shall within three (3) days of the receipt of such\n\nrequest, physically inspect the subject property and determine\n\nwhether or not the property is abandoned or occupied. At the time\n\nof the physical inspection of the property, the sheriff shall either\n\npost a copy of the motion and hearing notice in a conspicuous place\n\non the property or shall physically serve an occupant of the\n\nproperty as required by the provisions of this section. The sheriff\n\nshall receive from the plaintiff/mortgagee a sheriff’s service fee\n\nnot to exceed One Hundred Fifty Dollars ($150.00) for the inspection\n\nof each property and may designate a deputy or reserve deputy to\n\nperform the inspection and posting or service specified in this\n\nsection.\n\nD. Upon physical inspection, if the sheriff determines the\n\nproperty to be abandoned or vacated, the sheriff shall post the\n\nrequired motion and hearing notice on the property and make a return\n\nof inspection and posting to the plaintiff/mortgagee at the address\n\nprovided by the plaintiff/mortgagee. In the event, the property is\n\noccupied or appears to be occupied in the judgment of the sheriff,\n\nthe sheriff shall attempt actual service of the motion and hearing\n\nnotice on an occupant of the property as provided for service of\n\nsummons, and if a person is not available to accept service or\n\ncannot be found, the sheriff shall post the motion and hearing\n\nnotice in a conspicuous place on the property and make a written\n\nreturn of inspection and service to the plaintiff/mortgagee at the\n\naddress provided by the plaintiff/mortgagee.\n\nE. The sheriff’s written return of inspection and posting or\n\nreturn of inspection and service shall be made within three (3) days\n\nof the date of actual inspection. The return shall be deposited\n\ninto the regular U.S. mail, postage prepaid, and the return document\n\nshall certify that:\n\n1. The motion and hearing notice was either served in person\n\nupon an occupant of the property or was physically posted on the\n\nproperty and the exact date of service or posting;\n\n2. A physical inspection and observation of the property was\n\nconducted; and\nof actual inspection. The return shall be deposited\n\ninto the regular U.S. mail, postage prepaid, and the return document\n\nshall certify that:\n\n1. The motion and hearing notice was either served in person\n\nupon an occupant of the property or was physically posted on the\n\nproperty and the exact date of service or posting;\n\n2. A physical inspection and observation of the property was\n\nconducted; and\n\n3. In the best judgment and belief of the sheriff, or designee,\n\nthe property was abandoned and vacated or occupied by the\n\ndefendant/mortgagor or a lawful tenant or other person, and any\n\nreason or belief for that determination.\n\nF. The posting of the motion and hearing notice shall be deemed\n\nproper service and sufficient notice to the defendant/mortgagor and\n\nall occupants of the property for purposes of holding the hearing\n\nand authorizing the court to issue an order to protect and preserve\n\nthe property pending disposition of the litigation before the court.\n\nThe court shall not require any additional or alternative\n\nnotification to the defendant/mortgagor or any occupant. Nothing\n\nshall prohibit the plaintiff/mortgagee from notifying, or attempting\n\nto notify, the defendant/mortgagor or any potential occupant of the\n\nsubject property in another manner. If the plaintiff/mortgagee\n\nelects notification by publication in addition to the posting\n\nrequired by this section, he or she shall publish a copy of the\n\nmotion and hearing notice at least twice in the fifteen-day period\n\nimmediately preceding the hearing date in a publication of general\n\ncirculation in the jurisdiction in which the property is located. A\n\ncopy of the motion and hearing notice shall be sent or delivered to\n\nthe defendant’s legal counsel of record as required by court rule\n\nand statutory civil procedure for notifying opposing counsel of\n\nmotions and hearings.\n\nG. The motion posted or served shall be in the form and style\n\nrecognized for pleadings filed in the official court case, and shall\n\ncontain the name of the parties, court case number, the date, time\n\nand place of the hearing, and a statement directing the\n\ndefendant/mortgagor or any occupant of the property to appear in\n\nperson, or through legal counsel, or be deemed to have abandoned and\n\nvacated the property.\n\nH. No hearing shall be held on a motion to protect and preserve\n\nthe property subject to a suit, action or proceeding to foreclose or\n\nenforce remedies in the mortgage, contract for deed or deed of\n\ntrust, unless at least fifteen (15) days has passed from the date of\n\nposting or service of the motion and hearing notice. At the\n\nhearing, the court shall hear testimony of the parties present,\n\nincluding any person who claims to be an occupant or tenant of the\n\nproperty and who is not a named litigant in the pending litigation\n\nbefore the court. The testimony shall include inquiry into the\n\nproperty’s previous and current condition and the reasons or beliefs\n\nsupporting or objecting to a determination that the property is\n\nabandoned or vacated. The court shall review the sheriff’s written\n\nreturn of inspection and posting or the return of inspection and\n\nservice. The court shall not require the presence of the\n\ndefendant/mortgagor or defendant’s legal counsel to grant an order\n\nauthorizing the plaintiff/mortgagee to take action to protect and\n\npreserve the subject property pending the disposition of the\n\nlitigation before the court.\n\n1. If the defendant/mortgagor, or an occupant or tenant,\n\nappears in person or through legal counsel, and the court is\n\nsatisfied that the defendant, or person, is physically residing in\n\nthe property, or if not occupying the property is willing and able\n\nto properly protect and preserve the property pending the litigation\n\nbefore the court, the motion shall be denied. However, the court\n\nshall enter an order requiring the person to protect and preserve\n\nthe property under such conditions as the court may determine.\natisfied that the defendant, or person, is physically residing in\n\nthe property, or if not occupying the property is willing and able\n\nto properly protect and preserve the property pending the litigation\n\nbefore the court, the motion shall be denied. However, the court\n\nshall enter an order requiring the person to protect and preserve\n\nthe property under such conditions as the court may determine.\n\nFailure of the person to comply with the court order to protect and\n\npreserve the property shall be contempt of court.\n\n2. If the defendant/mortgagor, or an occupant or tenant, fails\n\nto appear in person, and there exists no compelling reason why the\n\ndefendant/mortgagor, or person, could not appear in person, and the\n\nproperty appears to be deteriorating or at risk of deteriorating as\n\na result of abandonment, vandalism or any unlawful or intentionally\n\nmalicious act, the court shall enter an order directing the\n\nplaintiff/mortgagee to take action to protect and preserve the\n\nproperty pending and in anticipation of foreclosure or other\n\nenforcement of remedies in the mortgage, contract for deed or deed\n\nof trust.\n\n3. Upon issuance of an order to protect and preserve property,\n\nthe court shall direct the plaintiff/mortgagee to inventory, or\n\ncause to be an inventoried by an independent person, any personal\n\nproperty remaining on or about the subject property and to file such\n\ninventory in the court case file.\n\nI. When a court order is issued to protect and preserve\n\nproperty, the plaintiff/mortgagee shall be authorized to take, and\n\nshall take, possession and secure the property pending and in\n\nanticipation of foreclosure or other enforcement of remedies in the\n\nmortgage, contract for deed or deed of trust.\n\nJ. An order issued to protect and preserve property pursuant to\n\nthe provisions of this section may be vacated and set aside at any\n\ntime by the court upon motion by the defendant/mortgagor, or\n\noccupant or tenant, and satisfactory proof that the property is not\n\nor was not abandoned or vacated, or was leased or rented and\n\nlawfully occupied by a person other than the defendant/mortgagor at\n\nthe time of issuance of the order, provided, the property was not\n\nsubjected to intentional malicious acts by the defendant, or person,\n\nto deface, destroy or devalue the property.\n\nK. A motion filed, or court order issued, to protect and\n\npreserve the property as provided in this section shall not alter,\n\nmodify, relinquish or release any right, title or interests of any\n\nparty in or to any property, or alter, modify, relinquish or release\n\nany party’s position, standing, claims, defenses or objections in\n\nthe suit, action or proceeding pending before the court to foreclose\n\nor enforce any remedy in the mortgage, contract for deed or deed of\n\ntrust.","path":["OK Code","Title 46"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os46.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f9a18b480e9db02a20a5ecef1a760702760a38bc68b5293a29f0d32d87ad37ab","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-46-46-301","next":"us-ok/okla.-stat.-tit.-46-46-311"},"notice":"GroundRules: Original legal text. Not legal advice."}