- Who sends it
- Your lender, personally served on you like a court summons, and published in the newspaper for 4 weeks
- What it starts
- A sale at least 30 days after service and first publication; homestead letters due at least 10 days before the sale (46 O.S. §§ 43, 45)
- Do this first
- Find the sale date, count back 10 days, and call legal aid about the homestead letters
What this notice is in Oklahoma
Under 46 O.S. § 45(A), the notice must state the default, the lender's choice to use the power of sale, the date, time and place of the sale, the legal description and street address, and your right to redeem by paying everything owed before the lender's deed is signed and delivered. An affidavit that the notice of intention to foreclose was properly sent must be attached.
In bold, underlined language it must also tell you that if the home is your homestead, it will be sold without a court case unless you elect judicial foreclosure, and that you can avoid a deficiency judgment by sending a certified letter. It must say it contains important information and that you may want legal advice.
What it does and does not mean
- It means a sale date is set. The sale must be held on a day other than Sunday or a legal holiday, between 9 a.m. and 5 p.m. (46 O.S. § 45(C)).
- There is no judge and no confirmation hearing in a power of sale. The lender's deed ends your right to redeem (46 O.S. § 47(B)).
- It is not an eviction. The buyer must later ask a court for a writ of assistance.
- You can change the path: a homestead election forces the lender into court, where you get an answer deadline, a judgment and a confirmation hearing.
The deadlines and how to count them
- Service: at least 30 days before the sale. Publication: once a week for 4 weeks in a row, first publication at least 30 days before the sale (46 O.S. § 45(B)).
- Homestead letters: at least 10 days before the sale. Count back from the sale date and mail well before, by certified mail. To elect court foreclosure, also record a copy with the legal description at the county clerk (46 O.S. § 43(A)(2)(b)).
- Anti-deficiency letter: a separate statement, in the same or a separate certified letter, that the home is your homestead and you elect against a deficiency judgment (46 O.S. § 43(A)(2)(c)).
- If the sale is postponed, the lender must publish notice of the new date at least 10 days before it, and the time limits are measured from the date the sale is actually held (46 O.S. §§ 45(D), 46(B)).
- Redemption: until the lender's deed is signed and delivered, by paying all principal, interest and other sums secured by the mortgage.
What to do this week
- Call Legal Aid Services of Oklahoma at 1-888-534-5243 and ask for help with the homestead letters.
- Send the letters by certified mail with return receipt, keep copies and the receipt, and record the judicial election with the county clerk.
- Ask the lender for a written payoff if you can redeem.
- Keep your servicer working on any loss mitigation application, and get any sale postponement in writing.
- Read what to do when an Oklahoma sale date is set.
Deficiency and leftover money
If the home is not your homestead, you can owe the shortfall, but the lender must sue within 90 days after the sale, and the amount is reduced if you prove the home was worth more than the price (46 O.S. § 43(A)(2)(d)). The lender pays costs, the loan and junior liens, then the rest to you, or deposits it with the district court clerk (46 O.S. § 48). See 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
What should my Oklahoma homestead election letter say?
That the property is your homestead and that you elect judicial foreclosure, sent to the lender by certified mail at least 10 days before the sale, with a copy containing the legal description recorded at the county clerk (46 O.S. § 43(A)(2)(b)). The lender may contest the homestead claim in court.
Can I block a deficiency in an Oklahoma power of sale?
If the home is your homestead, a certified letter at least 10 days before the sale stating it is your homestead and that you elect against a deficiency judgment bars a personal deficiency suit by that lender, if you prove homestead when challenged. The lender has 90 days after its deed is recorded to contest (46 O.S. § 43(A)(2)(c)).
Can a power of sale deed be undone later in Oklahoma?
The deed is presumed to follow the law, and after two years from recording it is conclusive for good-faith buyers even if the sale was void (46 O.S. § 47(A)). If you think the notices were wrong, act quickly with a lawyer.
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 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.