- Who sends it
- The court clerk issues it to the county sheriff, usually after the order confirming the sale
- What it starts
- Removal by the sheriff; no state statute sets a minimum number of days
- Do this first
- Call the sheriff's office to ask the removal date and call legal aid right away
What this paper is in Oklahoma
12 O.S. § 686 lets the court, in the order confirming a foreclosure sale, order the clerk to issue a writ of assistance to the sheriff to place the buyer in full possession of the land. In a power of sale foreclosure, the buyer must apply to a court for the same writ (46 O.S. § 43(C)).
Oklahoma uses this writ instead of a separate eviction case against a former owner who was a party to the foreclosure.
What it does and does not mean
- It means the sale has been confirmed, or a power of sale deed was given, and the buyer has asked to take possession.
- Resisting the writ is indirect contempt of court. Returning to live there after removal is also contempt (12 O.S. § 686).
- It does not by itself mean you owe more money. A deficiency is a separate motion (12 O.S. § 686).
- It does not end your right to any surplus held by the court clerk.
The timing
We did not find an Oklahoma statute that sets how many days you get between the writ and removal. Call the sheriff's office named on the writ and ask when it will be served. Assume removal can happen soon.
What to do this week
- Call Legal Aid Services of Oklahoma at 1-888-534-5243 and say you have a writ of assistance.
- Ask the buyer or its attorney in writing for a move-out date. Some buyers offer cash for keys. Get any deal in writing.
- Pack and move important papers, medicine, photos and valuables first.
- Ask the court clerk whether any surplus money is on deposit in your case, then follow Oklahoma foreclosure surplus funds.
- Read after the foreclosure sale in Oklahoma.
If you rent the home
If you are a tenant and not the former owner, your rights may be different. The national tenant notice after foreclosure page explains federal protections. Contact Legal Aid Services of Oklahoma.
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 after an Oklahoma writ of assistance?
No statute we found sets a number of days. The sheriff serves it as the court orders. Call the sheriff's office right away to learn the date.
What happens if I go back into my Oklahoma home after removal?
A person removed under a writ of assistance who returns without legal authority is guilty of indirect contempt of court and can be punished (12 O.S. § 686).
Does a writ of assistance apply after an Oklahoma power of sale?
Yes, but the buyer must first apply to a court for it, with the same effect as in a court foreclosure (46 O.S. § 43(C)).
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.
- 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.