Okla. Stat. tit. 12, § 12-686

in different counties - Application of proceeds - Attorney's fees

and expenses, taxation of - Putting purchaser in possession - Post

judgment deficiency order.

In actions to enforce a mortgage, deed of trust, or other lien

or charge, a personal judgment or judgment or judgments shall be

rendered for the amount or amounts due as well to the plaintiff as

other parties to the action having liens upon the mortgaged premises

by mortgage or otherwise, with interest thereon, and for sale of the

property charged and the application of the proceeds; or such

application may be reserved for the future order of the court, and

the court shall tax the costs, attorney's fees and expenses which

may accrue in the action, and apportion the same among the parties

according to their respective interests, to be collected on the

order of sale or sales issued thereon; when the same mortgage

embraces separate tracts of land situated in two or more counties,

the sheriff of each county shall make sale of the lands situated in

the county of which he or she is sheriff. No real estate shall be

sold for the payment of any money or the performance of any contract

or agreement in writing, in security for which it may have been

pledged or assigned, except in pursuance of a judgment of a court of

competent jurisdiction ordering such sale. The court may, in the

order confirming a sale of land under order of sale on foreclosure

or upon execution, award or order the issuance of a writ of

assistance by the clerk of the court to the sheriff of the county

where the land is situated, to place the purchaser in full

possession of such land, and any resistance of the service of such

writ of assistance shall constitute an indirect contempt of the

process of such court, and if any person who has been removed from

any lands by process of law or writ of assistance or who has removed

from any lands pursuant to law or adjudication or direction of any

court, tribunal or officer, afterwards, without authority of law,

returns to settle or reside upon such land, the person shall be

guilty of an indirect contempt of court, and may be proceeded

against and punished for such contempt. Notwithstanding the above

provisions, no judgment shall be enforced for any residue of the

Oklahoma Statutes - Title 12. Civil Procedure Page 111

debt remaining unsatisfied as prescribed by this act after the

mortgaged property shall have been sold, except as herein provided.

Simultaneously with the making of a motion for an order confirming

the sale or in any event within ninety (90) days after the date of

the sale, the party to whom such residue shall be owing may make a

motion in the action for leave to enter a post-judgment deficiency

order upon notice to the party against whom such judgment is sought

or the attorney who shall have appeared for such party in such

action. Such notice shall be served personally or in such other

manner as the court may direct. Upon such motion the court, whether

or not the respondent appears, shall determine, upon affidavit or

otherwise as it shall direct, the fair and reasonable market value

of the mortgaged premises as of the date of sale or such nearest

earlier date as there shall have been any market value thereof and

shall enter a post-judgment deficiency order. Such post-judgment

deficiency order shall be for an amount equal to the sum of the

amount owing by the party liable as determined by the order with

interest, plus costs and disbursements of the action plus the amount

owing on all prior liens and encumbrances with interest, less the

market value as determined by the court or the sale price of the

property whichever shall be the higher. If no motion for a post-

judgment deficiency order shall be made as herein prescribed the

proceeds of the sale regardless of amount shall be deemed to be in

full satisfaction of the mortgage debt and no right to recover any
owing on all prior liens and encumbrances with interest, less the

market value as determined by the court or the sale price of the

property whichever shall be the higher. If no motion for a post-

judgment deficiency order shall be made as herein prescribed the

proceeds of the sale regardless of amount shall be deemed to be in

full satisfaction of the mortgage debt and no right to recover any

deficiency in any action or proceeding shall exist.

In any action pending at the time this act becomes effective or

thereafter commenced, other than an action to foreclose a mortgage,

to recover a judgment for any indebtedness secured by a mortgage on

real property and which originated simultaneously with such mortgage

and which is secured solely by such mortgage, against any person or

corporation directly or indirectly or contingently liable therefor,

any party against whom a money judgment is demanded, shall be

entitled to set off the fair and reasonable market value of the

mortgaged property less the amounts owing on prior liens and

encumbrances. Provided that nothing in this section shall limit or

reduce any post-judgment deficiency order in favor of or in behalf

of the state for any debts, obligations or taxes due the state, now

or hereafter.