- Who sends it
- The lender's attorney, by first-class mail to you, everyone who got the sale notice, and the high bidder
- What it starts
- A hearing at least 10 days later where the judge decides whether to confirm the sale (12 O.S. § 765)
- Do this first
- Mark the hearing date and call legal aid about an objection, a payoff, or a deficiency motion
What this notice is in Oklahoma
When the sheriff returns the writ after the auction, the lender must mail a written notice of hearing on the confirmation of the sale to everyone who had to get the sale notice and to the high bidder, at least 10 days before the hearing (12 O.S. § 765(A)). If someone's name or address is unknown, the notice is published once at least 10 days before.
At the hearing the judge examines the sheriff's proceedings. If satisfied that the sale followed the law, the judge orders the sheriff to give the buyer a deed (12 O.S. § 765(B)).
What it does and does not mean
- It means the auction happened and someone, often the lender, was the high bidder.
- Until confirmation, you still own the home, and you may still redeem by paying the full amount owed (42 O.S. §§ 18, 20).
- The order confirming the sale may also order a writ of assistance to put the buyer in possession (12 O.S. § 686). See the writ of assistance.
- The lender may file a deficiency motion with its motion to confirm, or within 90 days after the sale. If it does neither, the sale price counts as full payment of the debt (12 O.S. § 686).
The deadline and how to count it
- The notice must be mailed at least 10 days before the hearing. Here, unlike most short Oklahoma deadlines, holidays in between are counted, because 12 O.S. § 2006(A) excludes § 765 from that rule. Count calendar days and do not count the mailing date.
- Any written objection must be filed before the hearing, and you must mail a copy to everyone who got the hearing notice before the hearing (12 O.S. § 765(B)).
- The judge may continue the hearing so people can support or oppose an objection.
- If a deficiency motion is filed, the court sets the home's fair market value on the sale date and credits you with that value or the sale price, whichever is higher (12 O.S. § 686).
What to do this week
- Read the sale return in your court file: the price, the buyer, and whether a deficiency motion was filed.
- Call Legal Aid Services of Oklahoma at 1-888-534-5243. Possible objections include no mailed sale notice 10 days before, no proper publication, or a price under two-thirds of the appraisal when appraisement was not waived (12 O.S. §§ 762, 764).
- If you want to keep the home and can pay, get a written payoff from the lender's attorney now.
- If a deficiency motion was filed, gather proof of value, such as a recent appraisal or listing data, for the hearing.
- If the sale price was more than the judgment, interest and costs, ask the clerk about the surplus. See Oklahoma foreclosure surplus funds.
After confirmation
Once the sale is confirmed, there is no right to buy the home back. The sheriff deposits the purchase money with the court clerk, who pays it out as the judge orders (12 O.S. § 765(B)). Read after the foreclosure sale in Oklahoma and the Oklahoma deficiency judgment page.
The rest of the Oklahoma process
See how foreclosure works in Oklahoma, the timeline, ways to stop it and free help in Oklahoma, or read the national guide to this letter.
Common questions
Can I stop confirmation of my Oklahoma sheriff's sale?
You can file a written objection before the hearing and mail a copy to everyone who got the notice (12 O.S. § 765(B)). The court must set aside a sale held without the required notice (12 O.S. § 764(C)). Whether an objection succeeds depends on the facts, so get legal help.
Will I owe money after my Oklahoma home is sold?
Only if the lender asks for a deficiency with its motion to confirm or within 90 days after the sale. The court uses the fair market value or the sale price, whichever is higher (12 O.S. § 686).
Can I still redeem before the Oklahoma confirmation hearing?
The statute lets you redeem until your right of redemption is foreclosed (42 O.S. § 18), and Oklahoma practice treats confirmation as that point. Redeeming means paying the full amount owed, not just missed payments.
Other Oklahoma letters
- Summons and Petition (foreclosure)In Oklahoma, most home foreclosures are lawsuits in district court, and the summons and petition start the case. You usually have 20 days after service to file a written answer, or 35 days if the summons says so. If you do nothing, the lender can ask for a default judgment.
- Notice of Sheriff's SaleAfter a judgment, the sheriff sells the home at auction, and you must be mailed a written notice of sale at least 10 days before it. The sale cannot be held less than 30 days after the notice is first published. The sale is not final until a judge confirms it.
- Writ of AssistanceIn Oklahoma, the court can order a writ of assistance when it confirms a sheriff's sale. It directs the sheriff to put the buyer in full possession of the home. Resisting it, or moving back in after removal, is contempt of court.
- Notice of Intention to Foreclose by Power of SaleThis letter is used only when your mortgage has a power of sale. It must give you 35 days from the date it was sent to cure the default and reinstate the mortgage. If you do not cure, the lender can move to a notice of sale without going to court, unless you elect court foreclosure on your homestead.
- Notice of Sale (power of sale)This notice sets a sale date without a court case. It must be personally served on you at least 30 days before the sale, and it must tell you in bold, underlined words about two homestead rights. You must use those rights by certified letter at least 10 days before the sale.