{"data":{"id":"us-ok/okla.-stat.-tit.-46-46-45","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 46, § 46-45","heading":"Notice of sale - Time and place of sale","body":"\n\nA. If a mortgagee elects to use a power of sale granted in the\n\nmortgage, it shall execute a notice of sale in written form directed\n\nto the mortgagor, any holder of a prior mortgage or other lien of\n\nrecord, and any person having an interest, claim or lien of record\n\nin the property whose interest, claim or lien the mortgagee seeks to\n\nforeclose by the exercise of its power of sale. When a notice of\n\nintention to foreclose is required by Section 44 of this title, an\n\naffidavit stating that such notice has been properly sent shall be\n\nattached to the notice of sale; provided, however, if no notice of\n\nintention to foreclose is required by Section 44 of this title, an\n\naffidavit to that effect shall be attached to the notice of sale.\n\nThe notice of sale shall state the occurrence of a breach or default\n\nof the contract or mortgage, the general nature thereof such as\n\n\"failure to make a payment due\", \"failure to pay taxes\", \"failure to\n\nmaintain the property\" or the like, the election to use the power of\n\nsale, the date, time and place when the property will be sold, and\n\nthe legal description of the property as it appears in the mortgage\n\nand any street address of the property. The notice shall advise the\n\nmortgagor of the mortgagor's right to redeem the property from\n\nforeclosure by paying all principal, interest and other sums secured\n\nby the mortgage to the mortgagee prior to the execution and delivery\n\nof a deed pursuant to Section 47 of this title, and shall advise all\n\nother persons claiming an interest in the property that the property\n\nwill be sold subject to their claims unless they elect to join the\n\nexercise of the power of sale or that the mortgagee claims an\n\ninterest superior to the claims of such persons and that their\n\ninterests may be subject to being terminated by the sale unless they\n\ntake appropriate legal action. The notice shall include, in bold\n\nand underlined language, a provision advising the mortgagor that if\n\nthe mortgage is on the mortgagor's homestead, it shall be sold\n\npursuant to a power of sale without judicial foreclosure unless, at\n\nleast ten (10) days before the property is to be sold under a power\n\nof sale, the mortgagor sends written notice by certified mail to the\n\nmortgagee stating that the property involved is the mortgagor's\n\nhomestead and that judicial foreclosure is elected, and files of\n\nrecord a copy of such notice, which contains a legal description of\n\nthe property, with the county clerk of the county where the property\n\nis situated. The notice shall further advise the mortgagor, in bold\n\nand underlined language, that if the property is sold pursuant to a\n\npower of sale, the mortgagor may avoid a deficiency judgment by\n\nsending a written notice by certified mail to the mortgagee, at\n\nleast ten (10) days before the property is to be sold under the\n\npower of sale, that states that the property involved is the\n\nmortgagor's homestead and that the mortgagor elects against a\n\ndeficiency judgment. The notice shall also contain a provision, in\n\nbold and underlined language, to the effect that the notice contains\n\nimportant information involving the property of the person receiving\n\nthe same and that they may want to seek legal advice.\n\nB. The notice of sale shall be:\n\n1. Personally served in the manner of service of process in\n\ncivil cases prescribed by Section 2004 of Title 12 of the Oklahoma\n\nStatutes, other than by publication, at least thirty (30) days prior\n\nto the date of the sale. If, by due diligence, personal service\n\ncannot be made upon such person or persons or the mortgagee does not\n\nknow and with due diligence cannot ascertain those matters\n\nenumerated in divisions (1) through (5) of subparagraph b of\n\nparagraph 3 of subsection C of Section 2004 of Title 12 of the\n\nOklahoma Statutes, the mortgagee shall execute an affidavit to that\ndays prior\n\nto the date of the sale. If, by due diligence, personal service\n\ncannot be made upon such person or persons or the mortgagee does not\n\nknow and with due diligence cannot ascertain those matters\n\nenumerated in divisions (1) through (5) of subparagraph b of\n\nparagraph 3 of subsection C of Section 2004 of Title 12 of the\n\nOklahoma Statutes, the mortgagee shall execute an affidavit to that\n\neffect and the publication notice required in paragraph 2 of this\n\nsubsection shall be deemed sufficient; and\n\n2. Published in a newspaper authorized by law to publish legal\n\nnotices in each county in which the property to be sold is situated.\n\nThe notice shall state the name of the mortgagor, any holder of a\n\nprior mortgage or other lien of record, and any person having an\n\ninterest, claim or lien of record in the property whose interest,\n\nclaim or lien the mortgagee seeks to foreclose by the exercise of\n\nits power of sale, and shall designate the person or persons whose\n\nunknown successors are being served. The notice shall be published\n\nat least one (1) day a week for four (4) consecutive weeks;\n\nprovided, however, the first date of publication shall be not less\n\nthan thirty (30) days prior to the date of sale; and\n\n3. Recorded together with the affidavit provided for in\n\nsubsection A of this section, in the office of the county clerk of\n\neach county wherein the property to be sold is situated within ten\n\n(10) days after compliance with Section 44 of this title. The\n\nrecording of the notice of sale pursuant to this paragraph shall\n\nserve as notice of the pendency of the procedure to any person\n\nacquiring a subsequent interest in the property. To verify\n\ncompliance with paragraphs 1 and 2 of this subsection, proof of\n\nreceipt, return of service or affidavit in lieu of personal service,\n\nor copies thereof and proof of publication of the notice of sale\n\nshall be recorded in the office of the county clerk of each county\n\nwherein the property to be sold is situated any time before the\n\nrecording of the mortgagee's deed executed pursuant to the sale\n\nunder this act.\n\nC. The sale may be held in any county where part of the\n\nproperty to be sold is situated at the time designated in the notice\n\nof sale, or a date to which the sale has been continued as provided\n\nby this act, on a day other than a Sunday or legal holiday, between\n\nthe hours of nine o'clock a.m. and five o'clock p.m. at a specified\n\nplace on the property, at the courthouse, at another specified place\n\nor at a place of business of the mortgagee.\n\nD. If the date of the sale is continued by the mortgagee to a\n\ndate later than the date specified in the notice pursuant to the\n\nprovisions of this act, the time requirements contained in this\n\nsection shall refer to the date the sale is actually held and not\n\nthe date of sale specified in the notice.","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":"0e5fe79ca614f1f1674bf2d1165df2c9abbf8489db3a46d066a90cf9bab5bbf1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-46-46-44","next":"us-ok/okla.-stat.-tit.-46-46-46"},"notice":"GroundRules: Original legal text. Not legal advice."}