Oklahoma Statutes

Okla. Stat. tit. 12, § 686 (2026)

Judgment in foreclosure suit - Sale of real estate - Lands

✓ current as of July 2026

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in different counties - Application of proceeds - Attorney's fees and expenses, taxation of - Putting purchaser in possession - Post judgment deficiency order. In actions to enforce a mortgage, deed of trust, or other lien or charge, a personal judgment or judgment or judgments shall be rendered for the amount or amounts due as well to the plaintiff as other parties to the action having liens upon the mortgaged premises by mortgage or otherwise, with interest thereon, and for sale of the property charged and the application of the proceeds; or such application may be reserved for the future order of the court, and the court shall tax the costs, attorney's fees and expenses which may accrue in the action, and apportion the same among the parties according to their respective interests, to be collected on the order of sale or sales issued thereon; when the same mortgage embraces separate tracts of land situated in two or more counties, the sheriff of each county shall make sale of the lands situated in the county of which he or she is sheriff. No real estate shall be sold for the payment of any money or the performance of any contract or agreement in writing, in security for which it may have been pledged or assigned, except in pursuance of a judgment of a court of competent jurisdiction ordering such sale. The court may, in the order confirming a sale of land under order of sale on foreclosure or upon execution, award or order the issuance of a writ of assistance by the clerk of the court to the sheriff of the county where the land is situated, to place the purchaser in full possession of such land, and any resistance of the service of such writ of assistance shall constitute an indirect contempt of the process of such court, and if any person who has been removed from any lands by process of law or writ of assistance or who has removed from any lands pursuant to law or adjudication or direction of any court, tribunal or officer, afterwards, without authority of law, returns to settle or reside upon such land, the person shall be guilty of an indirect contempt of court, and may be proceeded against and punished for such contempt. Notwithstanding the above provisions, no judgment shall be enforced for any residue of the

debt remaining unsatisfied as prescribed by this act after the mortgaged property shall have been sold, except as herein provided. Simultaneously with the making of a motion for an order confirming the sale or in any event within ninety (90) days after the date of the sale, the party to whom such residue shall be owing may make a motion in the action for leave to enter a post-judgment deficiency order upon notice to the party against whom such judgment is sought or the attorney who shall have appeared for such party in such action. Such notice shall be served personally or in such other manner as the court may direct. Upon such motion the court, whether or not the respondent appears, shall determine, upon affidavit or otherwise as it shall direct, the fair and reasonable market value of the mortgaged premises as of the date of sale or such nearest earlier date as there shall have been any market value thereof and shall enter a post-judgment deficiency order. Such post-judgment deficiency order shall be for an amount equal to the sum of the amount owing by the party liable as determined by the order with interest, plus costs and disbursements of the action plus the amount owing on all prior liens and encumbrances with interest, less the market value as determined by the court or the sale price of the property whichever shall be the higher. If no motion for a post- judgment deficiency order shall be made as herein prescribed the proceeds of the sale regardless of amount shall be deemed to be in full satisfaction of the mortgage debt and no right to recover any deficiency in any action or proceeding shall exist. In any action pending at the time this act becomes effective or thereafter commenced, other than an action to foreclose a mortgage, to recover a judgment for any indebtedness secured by a mortgage on real property and which originated simultaneously with such mortgage and which is secured solely by such mortgage, against any person or corporation directly or indirectly or contingently liable therefor, any party against whom a money judgment is demanded, shall be entitled to set off the fair and reasonable market value of the mortgaged property less the amounts owing on prior liens and encumbrances. Provided that nothing in this section shall limit or reduce any post-judgment deficiency order in favor of or in behalf of the state for any debts, obligations or taxes due the state, now or hereafter. R.L.1910, § 5128. Amended by Laws 1915, c. 175, § 1; Laws 1941, p. 35, § 1; Laws 2010, c. 202, § 1, eff. Nov. 1, 2010.

Notes of Decisions

Cited in 56 cases (2 in the last 5 years), 1952–2026 · leading case: Neil Acquisition, L.L.C. v. Wingrod Inv. Corp., 932 P.2d 1100 (Okla. 1996).

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Neil Acquisition, L.L.C. v. Wingrod Inv. Corp., 932 P.2d 1100 (Okla. 1996). · cites it 4× “9 A deficiency order does not legally transform itself into a lien until its sine qua non prerequisites have been met by: 1) a timely filing of a motion for deficiency judgment (within 90 days of the sale); 10 2) the court’s ascertainment that a deficiency exists in the 12…”

Founders Bank & Trust Co. v. Upsher, 830 P.2d 1355 (Okla. 1992). · cites it 8× “3 They contended our anti-deficiency statute, 12 O.S.1981 § 686, entitled them to an offset in the full amount of the mortgaged *1359 property’s fair market value.”

Nancy & Stjepan Sostaric v. Sally Marshall, 766 S.E.2d 396 (W. Va. 2014). · cites it 4× “1 (“fair value”); Okla. Stat. Ann. tit. 12, § 686 (“fair and reasonable market value” as of sale date); Pa.”

Statewide Funding Corp. v. Reed, 925 P.2d 578 (Okla. Civ. App. 1996). · cites it 22× “The question is the effect of the bankruptcy stay on the ninety-day period following the sheriff's sale in which Creditor was required to file a motion for deficiency under 12 O.S.1991 § 686. Debtor's brief in chief initially argued that the stay did not prevent the filing of…”

Wilspec Tech., Inc. v. DunAn Holding Grp. Co., 2009 OK 12 (Okla. 2009). · cites it 2× “The lot sales, however, never occurred and bank demanded additional security from borrower and threatened to initiate foreclosure proceedings under Okla. Stat. tit. 12, § 686 (1991), if borrower failed to comply.”

Mehojah v. Moore, 744 P.2d 222 (Okla. Civ. App. 1987). · cites it 6× “2d 110 (1939); 12 O.S.1981 § 686. Likewise, if a party fails to timely obtain a judicial determination of deficiency after the sale of the foreclosed property, the judgment is deemed satisfied by the sheriff’s sale.”

Empire Bank v. Dumond, 28 F. Supp. 3d 1179 (N.D. Okla. 2014). · cites it 10× “The defendants other than Paula Tate (moving defendants) argue in their motion for partial summary judgment that they owe a deficiency to Empire Bank (Empire), that Oklahoma law governs their guaranties, that Okla. Stat. tit. 12, § 686 , applies to guarantors, and that they are…”

Bank of the Panhandle v. Hill, 1998 OK CIV APP 140 (Okla. Civ. App. 1998). · cites it 5× “On appeal, the Hills raise the following issues of law: 1) whether a mortgage lien merges into the decree of foreclosure or is extinguished by the rendition of the decree of foreclosure under 12 O.S.1991 § 686; 2) whether a mortgage lien continues to be enforceable under 12 O.”

Capitol Fed. Sav. Bank v. Bewley, 795 P.2d 1051 (Okla. 1990). · cites it 4× “Capitol Federal subsequently filed a motion for deficiency judgment under 12 O.S.1981, § 686. 1 Notice of the motion was sent to the wrong address and never received by Bewley.”

Oklahoma Radio Assocs. v. Fed. Deposit Ins., 969 F.2d 940 (10th Cir. 1992). · cites it 5× “Because the proceeds of the sale were insufficient to satisfy the judgment, the FDIC, on April 10, 1991, filed a motion for the entry of a deficiency judgment pursuant to Okla.Stat. tit. 12, § 686, and sent copies of that motion, by regular mail, to Plaintiffs’ attorneys.”

Morrow Dev. Corp. v. Am. Bank & Trust Co., 875 P.2d 411 (Okla. 1994). · cites it 2× “6 additional security for •its loan; (3) Bank’s threatening foreclosure and pursuance of its rights under 12 O.S.1991 § 686; and *417 (4) Bank’s entering into a deed-in-lieu transaction.”

Lucas v. Bishop, 1998 OK 16 (Okla. 1998). · cites it 3× “1991 § 936 allows an attorneys' fee to the prevailing party in an action to recover on an account, note, or "contract relating to the purchase or sale of goods, wares, or merchandise.”

Show all 56 citing cases →

— Okla. Stat. tit. 12, § 686(1) — 1 case

Statewide Funding Corp. v. Reed, 925 P.2d 578 (Okla. Civ. App. 1996). “The question is the effect of the bankruptcy stay on the ninety-day period following the sheriff's sale in which Creditor was required to file a motion for deficiency under 12 O.S.1991 § 686. Debtor's brief in chief initially argued that the stay did not prevent the filing of…”

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