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Oklahoma Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure, Real Estate Law and Land Use & Zoning for Oklahoma on
Q: How do I find out who actually owns a hotel?

Two hotels on George Nigh expressway in McAlester. One is called Hi-way Inn Express, 1217 S George Nigh and the other is Super 8 motel, 1204 S George Nigh. Google maps indicates that the Super 8 is "permanently closed", but it is obviously not closed.

Doak Willis
Doak Willis answered on Jun 21, 2019

You can go the County Clerks office and look up the owner of the land that the motel is situated upon. If it is a corporation, then you would check with the Secretary of State of Oklahoma under that corporations name to see who the registered service agent of the corporation is and contact them.

1 Answer | Asked in Bankruptcy, Contracts, Foreclosure and Real Estate Law for Oklahoma on
Q: I file Chapter 13 on Sept 2010 and discharged on Aug 2015. Bank is just now suing for past notes and foreclosure

I didn't know the property statue until I purchase my current property in Dec 2016. It was up for tax sale and the bank bail it out (May 2018) I try to sell it and the bank quoted $170,000 over the original loan of $125,000. So I went out in July 2018, fixed up the property and now rented it out... Read more »

Timothy Denison
Timothy Denison answered on Jun 6, 2019

You have a mess. You need to contact a bankruptcy attorney who can assess your financial situation and determine what I Teresa, if any, you have in the property.

1 Answer | Asked in Foreclosure and Civil Rights for Oklahoma on
Q: I was given papers of Exicution if replevlin and order of delivery I'm currently leasing the mobile home. PTAFA????

I am boxing stuff and stacking it in the yard with nowhere to go.

Does the Protecting Tenats Against Forcloser Act not apply to me because it's a mobile home?

Jones, OK

Kyle Persaud
Kyle Persaud answered on Apr 8, 2019

Was there actually a foreclosure lawsuit filed?

A foreclosure lawsuit is when there is a mortgage on a home, and the creditor files a suit against the homeowner, arguing that the homeowner has not paid the mortgage, and the creditor seeks to repossess the home.

You are talking about...
Read more »

1 Answer | Asked in Bankruptcy and Foreclosure for Oklahoma on
Q: If i never received the notice for the 120 hearing from the public trustee can I file for dissmisal?

The mortgage company didn't give them my address and all notices got returned to the courts.

Timothy Denison
Timothy Denison answered on Feb 2, 2019

I’m not sure what you’re asking bc if you filed the petition, it was incumbent upon you to provide your correct address in the petition. You should not rely on a creditor to provide anything on your behalf.

1 Answer | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for Oklahoma on
Q: Who do I see to learn if an action has been filed on a mechanic's lien or if a hearing date has been set or is pending?

I have not been served a summons, although I have reason to believe that such may be forthcoming. I have offered settlement and have made previous payment and have sent a recent check to the merchant, which cumulatively amount to 75% of all claimed charges but have been stonewalled. The most... Read more »

Todd Laster
Todd Laster answered on Sep 27, 2018

You can search to see if a mechanic's lien has been filed on your property by searching in the land records division of the Court house where the property is located. There is a fee for copies. If the creditor makes an attempt to foreclose on the mechanics lien you should be notified by a summons.

1 Answer | Asked in Foreclosure and Real Estate Law for Oklahoma on
Q: We are selling a home with a contract for deed and have a question about floreclosure.

I understand that in Oklahoma we would have to file a lawsuit to foreclose. If a judgment is granted in our favor as sellers, does the property have to be sold at auction or does that give us the right to retake possession?

Richard Winblad
Richard Winblad answered on Mar 26, 2018

You are correct. A Contract for Deed is actually treated as a deed to the purchaser and a mortgage back to the seller. Because it gives the purchaser an interest in land the mortgage (contract for deed balance) would have to be foreclosed and sold at sheriff's sale. If it sells for more than... Read more »

1 Answer | Asked in Divorce and Foreclosure for Oklahoma on
Q: I was never on the mortgage with my ex. decree says I have no responsibility. Mortgage co. is coming after me. Can they?
Gary Johnston Dean
Gary Johnston Dean answered on Feb 17, 2018

Not if you didn't sign the note and mortgage. If suit is filed, or they harass you, You should consult an experienced Family Law Attorney, in your area, for help with this problem. Good luck.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.

1 Answer | Asked in Estate Planning and Foreclosure for Oklahoma on
Q: Is there any liability for heirs in Oklahoma for foreclosed home after death of parents?

My parents owned a home in Oklahoma and abandoned it to live in Texas with my sister. They died in Texas without a will.

Richard Winblad
Richard Winblad answered on Feb 6, 2018

Sorry for your loss.

You are not responsible for your parent's debts unless you cosigned. If there is a probate and there are assets, the creditors can only share in the proceeds from those assets. If there was a foreclosure in Oklahoma, in order for the creditor to have any claim they...
Read more »

1 Answer | Asked in Estate Planning and Foreclosure for Oklahoma on
Q: My father passed in 2011. I was left with real estate upside down. Now, it will not sell. What choices do I have as PR?

I have paid the mortgage payments, but cannot get monies to satisfy creditors? I have an attorney, but the updates are not affordable. He passed in Oklahoma with no will. What happens now if we go to foreclosure? Or what can I do to stay out of foreclosure? I do not know why my attorney did not pay... Read more »

Richard Winblad
Richard Winblad answered on Dec 31, 2017

I'm not sure that I understand your question. It sounds like the amount owed on the mortgage exceeds the value of the home. If this is the case there would be no proceeds from the sale to distribute to creditors or heirs. However, if you have made mortgage payments from your own funds and there... Read more »

1 Answer | Asked in Criminal Law, Foreclosure, Real Estate Law and Landlord - Tenant for Oklahoma on
Q: After ahouse has been vacant for 3 years and is in foreclosure. Can the property owner break into said house and rentit

I moved into the property without the knowledge of it being deemed vacant and in foreclosure for 3 years. I also was under the impression that I was buying the house from the owner. Come to find out he cannot profit legally from this property without notifying the secondary debt collection company... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on Mar 23, 2017

If you intend to break your lease, you must normally do so in writing and allow the landlord the opportunity to correct the problem. If it appears you may be losing your residence and have already paid the rent for that month, you may consider filing a claim in small claims court for the money... Read more »

1 Answer | Asked in Foreclosure for Oklahoma on
Q: Once a ISSUE SPECIAL EXECUTION AND ORDER FOR SALE. how long does a person have to get out of the foreclosed home.
Todd Laster
Todd Laster answered on Oct 12, 2016

It is best to be out of the home by the date of the Sheriff's sale. However, in Oklahoma you technically have until the date the Sheriff's sale is confirmed to be out of the house. The Confirmation of the Sale hearing is approximately 30 days from the sale date.

1 Answer | Asked in Foreclosure for Oklahoma on
Q: My bank has filed foreclosure paperwork with the courtclerk. Do I need an attorney to help me stop the foreclosure?
Howard Berkson
Howard Berkson answered on Dec 23, 2013

Foreclosure can be a complicated area of the law, depending on your circumstances. You should use an attorney unless you (1) have a good understanding of the relevant statutes and regulations, and (2) have good legal research skills to find relevant case law. Unfortunately, this is not an area of... Read more »

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