- Who sends it
- Your lender (the mortgagee), by certified mail to your last known address
- What it starts
- 35 days from the date it was sent to cure the default (46 O.S. § 44)
- Do this first
- Mark day 35 from the mailing date and ask the lender in writing for the exact cure amount
What this letter is in Oklahoma
Oklahoma's Power of Sale Mortgage Foreclosure Act lets a lender sell without a lawsuit only if the mortgage grants a power of sale in bold, underlined words (46 O.S. § 43(A)(2)(a)). Before it can use that power, it must send this notice by certified mail (46 O.S. § 44).
The notice must state the lender's name and address, the default with reasonable detail, your right to cure within 35 days, the money or action needed to cure, that the lender may accelerate the debt and give a notice of sale if you do not cure, and that you should promptly consult an attorney if you have questions.
What it does and does not mean
- It is not a lawsuit and not a sale notice. No sale date is set yet.
- Curing on time reinstates the mortgage to that extent (46 O.S. § 44).
- If you have been in default more than 4 times in 24 months on a homestead (more than 3 times for a non-homestead) after getting this notice, the lender does not have to send a new one.
- A lender can drop the power of sale at any time before the sale and sue in court instead (46 O.S. § 49).
- The next paper, if you do not cure, is the notice of sale under power of sale. It cannot be given or recorded until this notice's requirements are met.
The deadline and how to count it
- You have 35 days from the date the notice is sent, not the date you receive it. Find the mailing date on the letter or the certified mail receipt.
- Count calendar days, starting the day after mailing. Pay or act early, because mail delay does not add time.
- If your loan uses a Fannie Mae or Freddie Mac uniform mortgage, its own notice before acceleration may count as this notice if it is as strict, and the two run at the same time.
What to do this week
- Ask the lender in writing for the exact cure amount good through day 35, and keep a copy.
- If you cannot pay it all, send a complete loss mitigation application to your servicer now.
- Call Legal Aid Services of Oklahoma at 1-888-534-5243 and a HUD-approved housing counselor.
- If this is your homestead, learn about the two certified letters you can send later, at least 10 days before any sale: one electing court foreclosure and one electing against a deficiency (46 O.S. § 43(A)(2)(b), (c)).
- Read how to stop foreclosure in Oklahoma.
Help and scam warnings
The Oklahoma foreclosure help page lists free help. Anyone who charges you upfront to stop a foreclosure or asks you to sign over your deed should be reported to the Oklahoma Attorney General's Consumer Protection Unit.
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
How do I know if my Oklahoma mortgage has a power of sale?
The mortgage must say, in bold and underlined language, that a power of sale has been granted and may let the lender sell without going to court (46 O.S. § 43(A)(2)(a)). Check your recorded mortgage or ask the county clerk for a copy.
Does the 35-day cure period start when I get the Oklahoma notice?
No. The statute says 35 days from the date the notice is sent (46 O.S. § 44). Use the mailing date.
Can I make the lender go to court instead?
If the home is your homestead, yes. Send a certified letter at least 10 days before the sale saying it is your homestead and you elect judicial foreclosure, and record a copy with the legal description at the county clerk (46 O.S. § 43(A)(2)(b)).
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.
- Notice of Hearing on Confirmation of SaleAn Oklahoma sheriff's sale is not final until a judge confirms it. The lender must mail you notice of the confirmation hearing at least 10 days before. This is your last chance to object to how the sale was done, and the lender may also ask for a deficiency at the same time.
- 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 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.