Okla. Stat. tit. 46, § 46-44
This is the official text of Okla. Stat. tit. 46, § 46-44, 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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Notice of intent to foreclose by power of sale
Official statutory text
In case of breach or default as determined by the terms of the
mortgage, before the same may be used as a basis to foreclose the
mortgage by power of sale, the mortgagee must give the mortgagor a
written notice of intention to foreclose by power of sale by
certified mail addressed to the mortgagor at the last-known address
of the mortgagor. The notice shall state the name and address of
the mortgagee, the nature of the breach(es) or default(s) claimed
with reasonable specificity, that the mortgagor has a right for
thirty-five (35) days from the date the notice is sent to cure a
breach or default and thus to that extent reinstate the mortgage,
the amount of money or action necessary to effect cure, that if the
breach or default is not cured the mortgagee may accelerate the debt
and give the notice provided for in Section 45 of this title or
otherwise foreclose the mortgage, and that the notice contains
important information concerning legal rights under the mortgage and
Oklahoma law and that if the mortgagor has any questions an attorney
should be promptly consulted. If a nonhomestead mortgagor is in
default more than three (3) times in a twenty-four-month period and
has been notified as provided for above, no right to an additional
notice of intent to foreclose will be required prior to acceleration
under Section 45 of this title. If a homestead mortgagor is in
default more than four (4) times in a twenty-four-month period and
has been notified as provided for above, no right to an additional
notice of intent to foreclose will be required prior to acceleration
under Section 45 of this title. If a mortgagee complies with a
contractual provision for notice before acceleration in a Federal
National Mortgage Association or Federal Home Loan Mortgage
Corporation uniform instrument taken by the mortgagee which is
substantially in compliance with or more stringent than the
provisions of the notice of intention to foreclose by power of sale,
such action by the mortgagee constitutes compliance with this
section, but in any event, the requirements of this section shall
run concurrently with any contractual provision for notice before
acceleration in the mortgage. The notice of sale pursuant to
Section 45 of this title may not be given or recorded until the
provisions of this section are met.
mortgage, before the same may be used as a basis to foreclose the
mortgage by power of sale, the mortgagee must give the mortgagor a
written notice of intention to foreclose by power of sale by
certified mail addressed to the mortgagor at the last-known address
of the mortgagor. The notice shall state the name and address of
the mortgagee, the nature of the breach(es) or default(s) claimed
with reasonable specificity, that the mortgagor has a right for
thirty-five (35) days from the date the notice is sent to cure a
breach or default and thus to that extent reinstate the mortgage,
the amount of money or action necessary to effect cure, that if the
breach or default is not cured the mortgagee may accelerate the debt
and give the notice provided for in Section 45 of this title or
otherwise foreclose the mortgage, and that the notice contains
important information concerning legal rights under the mortgage and
Oklahoma law and that if the mortgagor has any questions an attorney
should be promptly consulted. If a nonhomestead mortgagor is in
default more than three (3) times in a twenty-four-month period and
has been notified as provided for above, no right to an additional
notice of intent to foreclose will be required prior to acceleration
under Section 45 of this title. If a homestead mortgagor is in
default more than four (4) times in a twenty-four-month period and
has been notified as provided for above, no right to an additional
notice of intent to foreclose will be required prior to acceleration
under Section 45 of this title. If a mortgagee complies with a
contractual provision for notice before acceleration in a Federal
National Mortgage Association or Federal Home Loan Mortgage
Corporation uniform instrument taken by the mortgagee which is
substantially in compliance with or more stringent than the
provisions of the notice of intention to foreclose by power of sale,
such action by the mortgagee constitutes compliance with this
section, but in any event, the requirements of this section shall
run concurrently with any contractual provision for notice before
acceleration in the mortgage. The notice of sale pursuant to
Section 45 of this title may not be given or recorded until the
provisions of this section are met.
Status: in_force · Read it on the official government site
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