Okla. Stat. » Title 46 — MORTGAGES
Oklahoma Statutes

Okla. Stat. tit. 46, § 1 (2026)

Absolute deed as mortgage

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Every instrument purporting to be an absolute or qualified conveyance of real estate or any interest therein, but intended to be defeasible or as security for the payment of money, shall be deemed a mortgage and must be recorded and foreclosed as such either in an action to enforce the mortgage or pursuant to a power of sale as provided for in the Oklahoma Power of Sale Mortgage Foreclosure Act. R.L. 1910, § 1156; Laws 1986, c. 319, § 10, eff. Nov. 1, 1986.

Notes of Decisions
Cited in 6 cases, 1962–1994 · leading case: Lincoln Mortg. Investors v. Cook, 659 P.2d 925 (Okla. 1983).
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Lincoln Mortg. Investors v. Cook, 659 P.2d 925 (Okla. 1983). · cites it 2× “1981 § 11 and 46 O.S.1981 § 1. Coursey v. Fairchild, Okl.”
Plotner v. AT & T, 172 B.R. 337 (W.D. Okla. 1994). “The sale to AT & T, unlike the scenarios in Title 46 O.S. §§ 1 and 2, was not an equitable mortgage.”
Mills v. Reneau, 411 P.2d 516 (Okla. 1965). “'Contracts of mortgage or pledge are subject to the provisions of the lien laws.”
Repub. Fin. Corp. v. Mize, 682 P.2d 207 (Okla. 1983). · cites it 2× “Ill The final issue is whether the evidence including the Deed, Voluntary Surrender Agreement, and the Contract for the Sale of Real Estate, supported the trial court’s finding of a deed rather than a mortgage.”
Jim Walter Homes, Inc. v. Cnty. Clerk of Okfuskee Cnty., 734 P.2d 849 (Okla. Civ. App. 1986). “1963); 46 O.S.1981 § 1. See also Republic Financial Corp.”
Emerson v. Youngs, 370 P.2d 25 (Okla. 1962). “” 46 O.S.1951 § 1, provides: “Every instrument purporting to be an absolute or qualified conveyance of real estate or any interest therein, but intended to be defeasible or as security for the payment of money, shall be deemed a mortgage and must be recorded and foreclosed as…”
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