Okla. Stat. tit. 46, § 46-41
This is the official text of Okla. Stat. tit. 46, § 46-41, 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.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Scope of act
Official statutory text
The Oklahoma Power of Sale Mortgage Foreclosure Act shall not
apply to:
1. A landlord's lien unless the parties agree in writing that
this act applies;
2. A vendor's or vendee's lien pursuant to Sections 26 and 30
of Title 42 of the Oklahoma Statutes unless the lien is specifically
created by a writing;
3. A nonconsensual lien, such as a mechanics or materialmans
lien pursuant to Sections 142 through 151 of Title 42 of the
Oklahoma Statutes, a judgment lien, or a tax lien;
4. An agreement not to convey or encumber;
5. A lien created or regulated and subject to an enforcement
procedure specifically applicable to it under another statute of
Oklahoma Statutes - Title 46. Mortgages Page 12
this state, such as the lien for the unpaid share of common expenses
regulated by Section 524 of Title 60 of the Oklahoma Statutes,
unless the parties agree in writing that this act applies;
6. A mortgage securing an extension of credit made primarily
for an agricultural purpose as defined in paragraph 4 of Section 1-
301 of Title 14A of the Oklahoma Statutes where the mortgagor is
either a natural person or a farm or ranching business corporation
as defined in Section 951 of Title 18 of the Oklahoma Statutes; and
7. A mortgage on the mortgagor's homestead if, after the notice
of sale is given to the mortgagor pursuant to subsection B of
Section 6 of this act, the mortgagor elects judicial foreclosure in
compliance with the provisions of subparagraphs b and c of paragraph
2 of subsection A of Section 4 of this act.
apply to:
1. A landlord's lien unless the parties agree in writing that
this act applies;
2. A vendor's or vendee's lien pursuant to Sections 26 and 30
of Title 42 of the Oklahoma Statutes unless the lien is specifically
created by a writing;
3. A nonconsensual lien, such as a mechanics or materialmans
lien pursuant to Sections 142 through 151 of Title 42 of the
Oklahoma Statutes, a judgment lien, or a tax lien;
4. An agreement not to convey or encumber;
5. A lien created or regulated and subject to an enforcement
procedure specifically applicable to it under another statute of
Oklahoma Statutes - Title 46. Mortgages Page 12
this state, such as the lien for the unpaid share of common expenses
regulated by Section 524 of Title 60 of the Oklahoma Statutes,
unless the parties agree in writing that this act applies;
6. A mortgage securing an extension of credit made primarily
for an agricultural purpose as defined in paragraph 4 of Section 1-
301 of Title 14A of the Oklahoma Statutes where the mortgagor is
either a natural person or a farm or ranching business corporation
as defined in Section 951 of Title 18 of the Oklahoma Statutes; and
7. A mortgage on the mortgagor's homestead if, after the notice
of sale is given to the mortgagor pursuant to subsection B of
Section 6 of this act, the mortgagor elects judicial foreclosure in
compliance with the provisions of subparagraphs b and c of paragraph
2 of subsection A of Section 4 of this act.
Status: in_force · Read it on the official government site
Need a lawyer in Oklahoma?
Find a Oklahoma lawyer
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.