Okla. Stat. tit. 46, § 46-301
This is the official text of Okla. Stat. tit. 46, § 46-301, part of Oklahoma’s Stat. tit. 46, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 46,." Browse the sections below, each linked to its official government source.
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Foreclosure - Limitations - Cessation of lien - Extension
Official statutory text
agreements - Notice - Record marketable title - Application of act.
A. Before November 1, 2001, no suit, action or proceeding to
foreclose or otherwise enforce the remedies in any mortgage,
contract for deed or deed of trust shall be had or maintained after
the expiration of ten (10) years from the date the last maturing
obligation secured by such mortgage, contract for deed or deed of
trust becomes due as set out therein, and such mortgage, contract
for deed or deed of trust shall cease to be a lien, unless the
holder of such mortgage, contract for deed or deed of trust either:
1. Before October 1, 1981, has filed or caused to be filed of
record a written Notice of Extension as provided in paragraph 1 of
subsection D of this section; or
2. After October 1, 1981, and within the above described ten-
year period, files or causes to be filed of record a written Notice
of Extension as provided in paragraph 1 of subsection D of this
section.
B. Beginning November 1, 2001, no suit, action or proceeding to
foreclose or otherwise enforce the remedies in any mortgage,
contract for deed or deed of trust shall be had or maintained after
the expiration of seven (7) years from the date the last maturing
obligation secured by such mortgage, contract for deed or deed of
Oklahoma Statutes - Title 46. Mortgages Page 24
trust becomes due as set out therein, and such mortgage, contract
for deed or deed of trust shall cease to be a lien, unless the
holder of such mortgage, contract for deed or deed of trust, within
the seven-year period, files or causes to be filed of record a
written Notice of Extension as provided in paragraph 1 of subsection
D of this section.
C. No suit, action or proceeding to foreclose or otherwise
enforce the remedies in any mortgage, contract for deed or deed of
trust filed of record in the office of the county clerk, in which
the due date of the last maturing obligation secured by such
mortgage, contract for deed or deed of trust cannot be ascertained
from the written terms thereof, shall be had or maintained after the
expiration of thirty (30) years from the date of recording of the
mortgage, contract for deed or deed of trust, and said mortgage,
contract for deed or deed of trust shall cease to be a lien, unless
the holder of such mortgage, contract for deed or deed of trust
either:
1. Before October 1, 1981, has filed or caused to be filed of
record a written Notice of Maturity Date as provided in paragraph 2
of subsection D of this section; or
2. After October 1, 1981, and within the above described
thirty-year period, files or causes to be filed of record a written
Notice of Maturity Date as provided in paragraph 2 of subsection D
of this section.
D. 1. The Notice of Extension required under subsection A or B
of this section, to be effective for the purpose of this section,
shall show the date of recording, the book and page and the legal
description of the property covered by the mortgage, contract for
deed or deed of trust and the time for which the payment of the
obligation secured thereby is extended, and shall be duly verified
by oath and acknowledged by the holder of the mortgage, contract for
deed or deed of trust.
2. The Notice of Maturity Date required under subsection C of
this section, to be effective for the purpose of this section, shall
show the date of recording, the book and page and the legal
description of the property covered by the mortgage, contract for
deed or deed of trust and the maturity date to which the last
maturing obligation secured thereby is extended, and shall be duly
verified by oath and acknowledged by the holder of the mortgage,
contract for deed or deed of trust.
E. Any mortgage, contract for deed or deed of trust barred
under this section shall not be a defect in determining marketable
record title.
F. The notice required to be filed of record by this section
y date to which the last
maturing obligation secured thereby is extended, and shall be duly
verified by oath and acknowledged by the holder of the mortgage,
contract for deed or deed of trust.
E. Any mortgage, contract for deed or deed of trust barred
under this section shall not be a defect in determining marketable
record title.
F. The notice required to be filed of record by this section
must be recorded in the office of the county clerk of the county or
counties where the mortgage is recorded.
Oklahoma Statutes - Title 46. Mortgages Page 25
G. Nothing contained in this section shall be construed to
revive the lien of any mortgage, contract for deed or deed of trust
which has expired by limitation before the effective date of this
section.
A. Before November 1, 2001, no suit, action or proceeding to
foreclose or otherwise enforce the remedies in any mortgage,
contract for deed or deed of trust shall be had or maintained after
the expiration of ten (10) years from the date the last maturing
obligation secured by such mortgage, contract for deed or deed of
trust becomes due as set out therein, and such mortgage, contract
for deed or deed of trust shall cease to be a lien, unless the
holder of such mortgage, contract for deed or deed of trust either:
1. Before October 1, 1981, has filed or caused to be filed of
record a written Notice of Extension as provided in paragraph 1 of
subsection D of this section; or
2. After October 1, 1981, and within the above described ten-
year period, files or causes to be filed of record a written Notice
of Extension as provided in paragraph 1 of subsection D of this
section.
B. Beginning November 1, 2001, no suit, action or proceeding to
foreclose or otherwise enforce the remedies in any mortgage,
contract for deed or deed of trust shall be had or maintained after
the expiration of seven (7) years from the date the last maturing
obligation secured by such mortgage, contract for deed or deed of
Oklahoma Statutes - Title 46. Mortgages Page 24
trust becomes due as set out therein, and such mortgage, contract
for deed or deed of trust shall cease to be a lien, unless the
holder of such mortgage, contract for deed or deed of trust, within
the seven-year period, files or causes to be filed of record a
written Notice of Extension as provided in paragraph 1 of subsection
D of this section.
C. No suit, action or proceeding to foreclose or otherwise
enforce the remedies in any mortgage, contract for deed or deed of
trust filed of record in the office of the county clerk, in which
the due date of the last maturing obligation secured by such
mortgage, contract for deed or deed of trust cannot be ascertained
from the written terms thereof, shall be had or maintained after the
expiration of thirty (30) years from the date of recording of the
mortgage, contract for deed or deed of trust, and said mortgage,
contract for deed or deed of trust shall cease to be a lien, unless
the holder of such mortgage, contract for deed or deed of trust
either:
1. Before October 1, 1981, has filed or caused to be filed of
record a written Notice of Maturity Date as provided in paragraph 2
of subsection D of this section; or
2. After October 1, 1981, and within the above described
thirty-year period, files or causes to be filed of record a written
Notice of Maturity Date as provided in paragraph 2 of subsection D
of this section.
D. 1. The Notice of Extension required under subsection A or B
of this section, to be effective for the purpose of this section,
shall show the date of recording, the book and page and the legal
description of the property covered by the mortgage, contract for
deed or deed of trust and the time for which the payment of the
obligation secured thereby is extended, and shall be duly verified
by oath and acknowledged by the holder of the mortgage, contract for
deed or deed of trust.
2. The Notice of Maturity Date required under subsection C of
this section, to be effective for the purpose of this section, shall
show the date of recording, the book and page and the legal
description of the property covered by the mortgage, contract for
deed or deed of trust and the maturity date to which the last
maturing obligation secured thereby is extended, and shall be duly
verified by oath and acknowledged by the holder of the mortgage,
contract for deed or deed of trust.
E. Any mortgage, contract for deed or deed of trust barred
under this section shall not be a defect in determining marketable
record title.
F. The notice required to be filed of record by this section
y date to which the last
maturing obligation secured thereby is extended, and shall be duly
verified by oath and acknowledged by the holder of the mortgage,
contract for deed or deed of trust.
E. Any mortgage, contract for deed or deed of trust barred
under this section shall not be a defect in determining marketable
record title.
F. The notice required to be filed of record by this section
must be recorded in the office of the county clerk of the county or
counties where the mortgage is recorded.
Oklahoma Statutes - Title 46. Mortgages Page 25
G. Nothing contained in this section shall be construed to
revive the lien of any mortgage, contract for deed or deed of trust
which has expired by limitation before the effective date of this
section.
Status: in_force · Read it on the official government site
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