Okla. Stat. tit. 46, § 46-46
This is the official text of Okla. Stat. tit. 46, § 46-46, 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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Sale of property - Postponed, continued, changed or
Official statutory text
relocated sale.
A. On the date and at the time and place designated in the
notice of sale, the mortgagee exercising the power of sale shall
cause the property to be sold at public auction to the highest
bidder. To determine the highest bidder, any mortgagor present at
the sale may suggest in writing the known lots, parcels, or
divisions of the property in which the property should be sold. The
mortgagee shall conditionally sell the property under each
suggestion, and if the mortgagor offers no suggestion, then in such
lots, parcels or divisions as may be determined by the mortgagee,
and in addition thereto, shall sell the property as a whole. The
mortgagee shall determine which conditional sale or sales result in
the highest total price bid for all of the property. An attorney
for the mortgagee may conduct the sale, and act at such sale as the
auctioneer for the mortgagee. Any person, including the mortgagee
or mortgagor may bid at the sale. Every bid shall be deemed an
irrevocable offer, until the sale is completed and the sale shall
not be deemed completed until the purchaser pays the price bid in a
form satisfactory to the mortgagee. If a purchaser other than the
mortgagee, when required by the mortgagee, 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 mortgagee may proceed with the sale and may accept the next
highest bid. The party that fails to make such payment shall be
liable to any person who suffers loss or expenses, including
attorney's fees, occasioned thereby and the mortgagee may thereafter
in any sale of property reject any bid of such person. The ten
percent (10%) deposit shall be placed in escrow by the mortgagee and
held in escrow pending completion of the sale. In the event a
purchaser wrongfully fails to complete the transaction of sale
within ten (10) days of the sale or a longer reasonable time
permitted by the mortgagee, any deposit shall be applied first to
the expenses of the sale and the balance to the debt, and the
purchaser shall be liable to any person who suffers loss or
expenses, including attorneys fees, occasioned by the resale of the
property.
Oklahoma Statutes - Title 46. Mortgages Page 19
B. The person conducting the sale, for any cause deemed in the
interest of the mortgagee, the mortgagor, or both, may postpone or
continue the sale or change the place of the sale to another
location permitted by law, by giving notice, including the new time
and place, by public declaration at the time and place last
appointed for the sale and in any other manner reasonable under the
circumstances which shall include publication one time at least ten
(10) days prior thereto of a notice of the new date, time and place
of sale, such notice to be directed to the same persons as the
original notice of sale, and proof of publication then to be filed
in the office of the county clerk of each county wherein the
property to be sold is situated any time before the recording of the
mortgagee's deed executed pursuant to the sale under this act. No
other notice of the postponed, continued, changed or relocated sale
is required.
A. On the date and at the time and place designated in the
notice of sale, the mortgagee exercising the power of sale shall
cause the property to be sold at public auction to the highest
bidder. To determine the highest bidder, any mortgagor present at
the sale may suggest in writing the known lots, parcels, or
divisions of the property in which the property should be sold. The
mortgagee shall conditionally sell the property under each
suggestion, and if the mortgagor offers no suggestion, then in such
lots, parcels or divisions as may be determined by the mortgagee,
and in addition thereto, shall sell the property as a whole. The
mortgagee shall determine which conditional sale or sales result in
the highest total price bid for all of the property. An attorney
for the mortgagee may conduct the sale, and act at such sale as the
auctioneer for the mortgagee. Any person, including the mortgagee
or mortgagor may bid at the sale. Every bid shall be deemed an
irrevocable offer, until the sale is completed and the sale shall
not be deemed completed until the purchaser pays the price bid in a
form satisfactory to the mortgagee. If a purchaser other than the
mortgagee, when required by the mortgagee, 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 mortgagee may proceed with the sale and may accept the next
highest bid. The party that fails to make such payment shall be
liable to any person who suffers loss or expenses, including
attorney's fees, occasioned thereby and the mortgagee may thereafter
in any sale of property reject any bid of such person. The ten
percent (10%) deposit shall be placed in escrow by the mortgagee and
held in escrow pending completion of the sale. In the event a
purchaser wrongfully fails to complete the transaction of sale
within ten (10) days of the sale or a longer reasonable time
permitted by the mortgagee, any deposit shall be applied first to
the expenses of the sale and the balance to the debt, and the
purchaser shall be liable to any person who suffers loss or
expenses, including attorneys fees, occasioned by the resale of the
property.
Oklahoma Statutes - Title 46. Mortgages Page 19
B. The person conducting the sale, for any cause deemed in the
interest of the mortgagee, the mortgagor, or both, may postpone or
continue the sale or change the place of the sale to another
location permitted by law, by giving notice, including the new time
and place, by public declaration at the time and place last
appointed for the sale and in any other manner reasonable under the
circumstances which shall include publication one time at least ten
(10) days prior thereto of a notice of the new date, time and place
of sale, such notice to be directed to the same persons as the
original notice of sale, and proof of publication then to be filed
in the office of the county clerk of each county wherein the
property to be sold is situated any time before the recording of the
mortgagee's deed executed pursuant to the sale under this act. No
other notice of the postponed, continued, changed or relocated sale
is required.
Status: in_force · Read it on the official government site
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