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Okla. Stat. tit. 12, § 12-764

This is the official text of Okla. Stat. tit. 12, § 12-764, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.

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Notice of sale of realty

Official statutory text

A. Lands and tenements taken on execution shall not be sold

unless the party causing the execution to be issued:

1. Causes a written notice of sale executed by the sheriff

containing the legal description of the property to be sold and

stating the date, time, and place where the property will be sold

and, if the sale is to utilize an online sale marketplace, stating

Oklahoma Statutes - Title 12. Civil Procedure Page 152

the sale will be conducted through an online auction marketplace,

the Internet address where bids may be entered, the date of the

sale, and the time when bidding is scheduled to be open, to be

mailed, by first-class mail, postage prepaid, to the judgment

debtor, any holder of interest of record in the property to be sold

whose interest is sought to be extinguished, and all other persons

of whom the party causing the execution to be issued has notice who

claim a lien or any interest in the property whose interest is

sought to be extinguished, at least ten (10) days prior to the date

of the sale, if the names and addresses of such persons are known;

2. Causes public notice of the date, time and place of sale to

be given by publication for two (2) successive weeks in a newspaper

published in the county in which the property to be sold is

situated, or in case no newspaper is published in such county, then

in a newspaper of general circulation therein and by putting up an

advertisement upon the courthouse door and in five other public

places in such county, two of which shall be in the township where

such lands and tenements lie; provided, that in counties now having

a population of one hundred ten thousand (110,000) or more according

to the last Federal Decennial Census, the advertisement shall be

published in some newspaper published in the city or township where

such lands and tenements lie, or if there is no newspaper in such

city or township, then in some newspaper published in the county.

Notice shall be executed by the sheriff and state the name of any

person having an interest in the property to be sold whose interest

is sought to be extinguished and whose actual address is unknown,

and shall designate the person or persons whose unknown successors

are being notified; and

3. Files in the case an affidavit of proof of mailing and of

publication or posting.

B. A written notice of sale executed prior to November 1, 1987,

by the party causing the execution to be issued but otherwise

conforming to the provisions of this section shall, for all

purposes, be deemed valid.

C. Such sale shall not be held less than thirty (30) days after

the date of first publication of the notice required in paragraph 2

of subsection A of this section. If a purchaser other than the

party causing the execution to be issued, when required by the

sheriff, fails to post cash or certified funds equal to ten percent

(10%) of the amount bid for the property within twenty-four (24)

hours of the sale, excluding Sundays and legal holidays, or

otherwise fails to complete the sale, the sheriff may accept the

next highest bid. Except as otherwise provided for in subsection B

of this section, sales for which the provisions of subsection A of

this section have not been complied with shall be set aside on

motion by the court to which the execution is returnable.

Oklahoma Statutes - Title 12. Civil Procedure Page 153

D. The sheriff may determine whether the sale provided for in

this section shall utilize an online auction marketplace. All sales

of lands and tenements conducted by a sheriff utilizing an online

auction marketplace shall be conducted in accordance with the

provisions of Section 4 of this act.

R.L. 1910, § 5166. Amended by Laws 1927, c. 117, p. 184, § 1; Laws

1957, p. 81, § 1; Laws 1986, c. 227, § 3, eff. Nov. 1, 1986; Laws

1987, c. 189, § 2, operative Nov. 1, 1987; Laws 2025, c. 413, § 2,

emerg. eff. May 28, 2025.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.