- Who sends it
- The lender's attorney mails it; the notice itself is signed by the county sheriff
- What it starts
- A countdown to the auction: mailed at least 10 days before, and at least 30 days after the first newspaper notice (12 O.S. § 764)
- Do this first
- Confirm the date with the sheriff and the lender's attorney, then call legal aid and your servicer the same day
What this notice is in Oklahoma
Under 12 O.S. § 764, the sheriff signs a written notice of sale that gives the legal description of your home and the date, time and place of the sale. The lender must mail it by first-class mail to you and to others with a recorded interest at least 10 days before the sale. It must also be published in a newspaper for two weeks in a row, and an affidavit of mailing and publication must be filed in your case.
Since May 28, 2025, a sheriff may hold the sale through an online auction site. If so, the notice must say that, give the web address, and say when bidding opens (12 O.S. §§ 764(A)(1), 764(D)). The site must also offer a way to bid that is not online (12 O.S. § 776(C)).
What it does and does not mean
- It means the court has entered judgment and the sheriff has been ordered to sell.
- It is not an eviction. You can stay in the home through the sale and the confirmation hearing.
- The sale is not final on auction day. The lender must ask a judge to confirm it, and you get a notice of hearing on confirmation at least 10 days before.
- If appraisement was not waived, the home cannot sell for less than two-thirds of its appraised value (12 O.S. § 762).
- A sale held without the required mailing and publication must be set aside if someone asks the court (12 O.S. § 764(C)).
The deadlines and how to count them
- Mailing: at least 10 days before the sale. For periods shorter than 11 days, Oklahoma does not count legal holidays or days the court clerk's office is closed that fall in between (12 O.S. § 2006(A)). Do not count the mailing date.
- Publication: two weeks in a row, in a newspaper published in your county (or in your city or township in counties of 110,000 or more).
- Sale date: at least 30 calendar days after the first day the notice was published.
- Your right to redeem by paying the full amount owed lasts until it is cut off (42 O.S. § 18). Oklahoma practice treats the confirmation of the sale as that point.
See what to do when an Oklahoma sale date is set for every step in order.
What to do this week
- Check the date on the notice against the docket and call the sheriff's office and the lender's attorney to confirm the sale is still on.
- Call Legal Aid Services of Oklahoma at 1-888-534-5243.
- Call your servicer about any pending application. Ask in writing that the sale be cancelled or reset while you are reviewed, and get any agreement in writing.
- Ask the lender's attorney for a written payoff and a reinstatement figure good through the sale date.
- Write down when the notice reached you. If it came less than 10 days before the sale or never came, tell legal aid. That can support an objection at confirmation.
- Start planning where you would go if the sale is confirmed.
Scam warnings at the sale stage
- Sale notices are public, so buyers and so-called rescue companies watch for them.
- Never sign a deed, a lease-back or a power of attorney with someone who promises to stop the sale.
- No buyer's premium may be charged on a sheriff's sale (12 O.S. § 765(B)). Any money left after the sale is held by the court clerk, and you can claim it yourself. See Oklahoma foreclosure surplus funds.
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 much notice does Oklahoma require before a sheriff's sale?
A mailed notice at least 10 days before the sale, plus newspaper publication for two weeks in a row, with the sale at least 30 days after the first publication (12 O.S. § 764).
Can my Oklahoma sheriff's sale be online?
Yes, since a 2025 law. The sheriff decides, and the notice must give the web address and when bidding opens (12 O.S. § 764). The online site must offer a non-electronic way to bid (12 O.S. § 776).
Is my home gone the day of the Oklahoma sheriff's sale?
No. A judge must confirm the sale first, and you must get mailed notice of that hearing at least 10 days ahead (12 O.S. § 765). You can file a written objection before the hearing.
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 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.
- 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.