- Who sends it
- The district court clerk issues the summons; the lender's attorney has it served on you by a sheriff, a licensed process server or certified mail
- What it starts
- Your time to answer: 20 days after service, or 35 days if the lender chose the longer period (12 O.S. § 2012(A))
- Do this first
- Find the answer deadline on the summons and apply to Legal Aid Services of Oklahoma at 1-888-534-5243 today
What this paper is in Oklahoma
Oklahoma law says no real estate can be sold to pay a mortgage debt except under a court judgment ordering the sale (12 O.S. § 686), unless your mortgage has a power of sale (see the power of sale notice of intent). So most lenders file a petition in the district court of your county.
The summons is signed by the court clerk. By law it must name the court and the parties, give the lender's attorney's name and address, state how long you have to appear and defend, and warn that a default judgment will be entered if you do not (12 O.S. § 2004(B)). The petition is the lender's written claim: how much it says you owe and a request that the home be sold.
What it does and does not mean
- It means a lawsuit has started. It is not a judgment, and it does not set a sale date.
- You do not have to move out. Nothing about your possession changes yet.
- A sale cannot happen until a judge enters judgment, the sheriff gives notice of sale, and the sale is later confirmed at a hearing. See how foreclosure works in Oklahoma.
- If your mortgage says appraisement is waived, no order of sale can issue until six months after the judgment (12 O.S. § 760).
- Other people with liens on the home, such as a second mortgage lender, may also be named as defendants.
The deadline it starts and how to count it
- The usual deadline is 20 days after the summons and petition were served on you (12 O.S. § 2012(A)(1)). The lender may choose 35 days instead (12 O.S. § 2012(A)(4)), so read your summons.
- Count calendar days. Do not count the day you were served. Count the last day, unless the court clerk's office is closed that day for a legal holiday or otherwise, in which case the deadline moves to the next day the office is open (12 O.S. § 2006(A)).
- If the papers came by mail, the 20 or 35 days run from the date you received them, or the date you refused them (12 O.S. § 2006(D)).
- Filing a reservation of time adds 20 days, but it gives up several defenses, such as improper service (12 O.S. § 2012(A)(1)(b)). Ask legal aid before you file one.
- If you miss the deadline, the lender can ask for a default judgment for what the petition asks.
See how long foreclosure takes in Oklahoma for the full timeline.
What to do this week
- Write down the date you were served and the answer date on the summons.
- Apply to Legal Aid Services of Oklahoma by phone at 1-888-534-5243 or online. Say you have a foreclosure answer deadline.
- Check the petition: the amount claimed, the loan number, and whether the plaintiff is the company that services your loan.
- File a written answer with the court clerk before the deadline and mail a copy to the lender's attorney. Legal aid or a lawyer can tell you which defenses fit your case.
- Send your servicer a complete loss mitigation application if you have not already. Federal rules protect a complete application sent more than 37 days before a sale.
- Read how to stop foreclosure in Oklahoma for every option and its cutoff.
Help in Oklahoma and scam warnings
Oklahoma has no statewide foreclosure mediation program, so negotiation happens with your servicer directly, with help from a housing counselor or legal aid. The Oklahoma Homeowner Assistance Fund is closed. The Oklahoma foreclosure help page lists who to call at each stage.
- Once a petition is filed, it is public. Expect letters from companies offering to save your home.
- We did not find an Oklahoma law aimed at foreclosure rescue companies, so be extra careful. Never pay an upfront fee or sign over your deed to someone promising you can stay.
- Report scams 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 long do I have to answer an Oklahoma foreclosure lawsuit?
Usually 20 days after you are served. The lender can choose 35 days, and the summons must state your deadline (12 O.S. §§ 2004(B), 2012(A)). If you were served by mail, count from the day you received the papers.
What happens if I do not answer the Oklahoma summons?
The summons warns that a default judgment will be entered against you for what the petition asks. A default judgment lets the lender move toward a sheriff's sale sooner. You will still get a mailed notice of the sale and of the confirmation hearing.
Should I file a reservation of time in my Oklahoma foreclosure case?
It gives you 20 more days to answer, but filing it waives defenses such as lack of personal jurisdiction, improper venue, insufficient process or service, and failure to state a claim (12 O.S. § 2012(A)(1)(b)). Talk to Legal Aid Services of Oklahoma before you file one.
Can I still work out a deal after I am sued in Oklahoma?
Yes. Your servicer can still review you for a loan modification, repayment plan or other option during the case. Keep answering the lawsuit while you apply, because an application does not by itself stop the court deadlines.
Other Oklahoma letters
- 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.
- 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.