Oklahoma Statutes
Title 46. Mortgages
§46-1. Absolute deed as mortgage.

Every instrument purporting to be an absolute or qualified conveyance of real estate or any interest therein, but intended to be defeasible or as security for the payment of money, shall be deemed a mortgage and must be recorded and foreclosed as such either in an action to enforce the mortgage or pursuant to a power of sale as provided for in the Oklahoma Power of Sale Mortgage Foreclosure Act.

R.L. 1910, § 1156; Laws 1986, c. 319, § 10, eff. Nov. 1, 1986.

Structure Oklahoma Statutes

Oklahoma Statutes

Title 46. Mortgages

§46-1. Absolute deed as mortgage.

§46-1.1. Deed of trust subject to mortgage laws.

§46-2. Conveyance by holder of deed intended as security as assignment.

§46-3. Form of mortgage.

§46-4. Further agreements - Foreclosure - Waiver of appraisement - Assignment of rents and profits as additional security.

§46-4.1. Mortgages securing extension of credit made primarily for agricultural purposes - Waiver of appraisement - Assignment of rents and profits as additional security.

§46-5. Mortgage follows property passing by succession or will.

§46-6. Formalities similar to deeds.

§46-7. Record is notice.

§46-8. Grant intended as mortgage recorded as mortgage.

§46-10. Separate instrument recorded.

§46-11. Defeasance must be recorded.

§46-12. Assignment - Unrecorded - Payment.

§46-13. Assignments of existing mortgages - Recording within four months - Mortgages on record for six months.

§46-14. Release by attorney.

§46-15. Holder must release - Penalty - Definitions.

§46-16. How released.

§46-17. Mortgages, deeds of trust, etc. made by certain corporations covering real or personal property - Filing in Office of Secretary of State - Refiling - Fees.

§46-18. Certificate of county treasurer.

§46-19. Definitions.

§46-20. Issuance of title protection document - Notice - Waiver.

§46-21. Violation - Penalty.

§46-40. Short title.

§46-41. Scope of act.

§46-42. Definitions.

§46-43. Power of sale - Requirements - Sale procedure - Deficiency - Redemption - Writ of assistance - Foreclosure.

§46-44. Notice of intent to foreclose by power of sale.

§46-45. Notice of sale - Time and place of sale.

§46-46. Sale of property - Postponed, continued, changed or relocated sale.

§46-47. Closing of sale - Deed.

§46-48. Disposition of sale proceeds.

§46-49. Termination of power of sale proceeding.

§46-201. Citation.

§46-202. Indefinite reference to mortgage in subsequent deed or mortgage - Effect.

§46-203. Indefinite reference defined.

§46-204. Application.

§46-301. Foreclosure - Limitations - Cessation of lien - Extension agreements - Notice - Record marketable title - Application of act.

§46-302. Abandoned or vacated property - Motion to protect and preserve - Motion and hearing procedure.

§46-311. Short title - Oklahoma First-Time Home Buyer Savings Account Act.

§46-312. Definitions.

§46-313. Designation of account – Designation of beneficiary.

§46-314. Duties of account holders.

§46-315. Duties and liabilities of financial institutions.

§46-316. Deduction from taxable income – Exclusion from taxable income.

§46-317. Withdrawal of funds for other purposes - Penalty.

§46-318. Oklahoma Tax Commission forms.