Oklahoma Statutes
Title 46. Mortgages
§46-312. Definitions.

As used in this act:

1. "Account holder" means an individual who establishes, individually or jointly with one or more other individuals, a home buyer savings account as defined in this act;
2. "Allowable closing costs" means a disbursement listed on a settlement statement for the purchase of a single-family residence in Oklahoma by a qualified beneficiary;
3. "Eligible costs" means the down payment and allowable closing costs for the purchase of a single-family residence in this state by a qualified beneficiary;
4. "Financial institution" means any bank, trust company, savings institution, industrial loan association, consumer finance company, credit union, or any benefit association, insurance company, safe deposit company, money market mutual fund, or similar entity authorized to do business in this state;
5. "Home buyer" means an individual who resides in this state and has never purchased, either individually or jointly, a single-family residence in the State of Oklahoma;
6. "Home buyer savings account" or "account" means an account with a financial institution that an account holder designates as a home buyer savings account on the account holder's Oklahoma income tax return for tax year 2020 or any tax year thereafter, pursuant to this act for the purpose of paying or reimbursing eligible costs for the purchase of a single-family residence in this state by a qualified beneficiary;
7. "Qualified beneficiary" means a home buyer who is designated as the qualified beneficiary of an account designated by the account holder as a home buyer savings account;
8. "Settlement statement" means the statement of receipts and disbursements for a transaction related to real estate, including a statement prescribed under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. 2601 et seq., as amended, and regulations thereunder; and
9. "Single-family residence" means a single-family residence owned and occupied by a qualified beneficiary as the qualified beneficiary's principal residence, which may include a manufactured home, trailer, mobile home, condominium unit, or cooperative.
Added by Laws 2019, c. 186, § 2, eff. Jan. 1, 2020.

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.