Oklahoma Foreclosure Questions & Answers

Q: I was given papers of Exicution if replevlin and order of delivery I'm currently leasing the mobile home. PTAFA????

1 Answer | Asked in Foreclosure and Civil Rights for Oklahoma on
Answered on Apr 8, 2019
Kyle Persaud's answer
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 a "replevin" and an "order of delivery." That's different from a foreclosure. A "replevin" lawsuit occurs when someone claims that you have items that belong to him, and files suit against you,...

Q: If i never received the notice for the 120 hearing from the public trustee can I file for dissmisal?

1 Answer | Asked in Bankruptcy and Foreclosure for Oklahoma on
Answered on Feb 2, 2019
Timothy Denison's answer
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.

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?

1 Answer | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for Oklahoma on
Answered on Sep 27, 2018
Todd Laster's answer
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.

Q: We are selling a home with a contract for deed and have a question about floreclosure.

1 Answer | Asked in Foreclosure and Real Estate Law for Oklahoma on
Answered on Mar 26, 2018
Richard Winblad's answer
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 what is owed the purchaser is entitled to that amount. If it sells for less than is owed you could be entitled to a deficiency judgment for the balance. You could bid on the property at the sheriff's...

Q: I was never on the mortgage with my ex. decree says I have no responsibility. Mortgage co. is coming after me. Can they?

1 Answer | Asked in Divorce and Foreclosure for Oklahoma on
Answered on Feb 17, 2018
Gary Johnston Dean's answer
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.

Q: Is there any liability for heirs in Oklahoma for foreclosed home after death of parents?

1 Answer | Asked in Estate Planning and Foreclosure for Oklahoma on
Answered on Feb 6, 2018
Richard Winblad's answer
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 would have to seek and recover a deficiency judgment. If they didn't then you probably don't need to worry about any claims from that creditor.

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?

1 Answer | Asked in Estate Planning and Foreclosure for Oklahoma on
Answered on Dec 31, 2017
Richard Winblad's answer
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 is some equity, I would seek reimbursement of those funds prior to paying general unsecured creditors.

As to monies from bank accounts, you should certainly want an accounting.

Q: After ahouse has been vacant for 3 years and is in foreclosure. Can the property owner break into said house and rentit

1 Answer | Asked in Criminal Law, Foreclosure, Real Estate Law and Landlord - Tenant for Oklahoma on
Answered on Mar 23, 2017
Robert Donald Gifford II's answer
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 owed. The limit on a small claims action in Oklahoma is at $7,000.00. If your income is limited, you may want to contact Legal Aid or the law school closest to you may have a clinic to assist.

Q: Once a ISSUE SPECIAL EXECUTION AND ORDER FOR SALE. how long does a person have to get out of the foreclosed home.

1 Answer | Asked in Foreclosure for Oklahoma on
Answered on Oct 12, 2016
Todd Laster's answer
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.

Q: My bank has filed foreclosure paperwork with the courtclerk. Do I need an attorney to help me stop the foreclosure?

1 Answer | Asked in Foreclosure for Oklahoma on
Answered on Dec 23, 2013
Howard Berkson's answer
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 the law where you simply fill out a form. You should consult with an attorney.

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