Oklahoma Notice of Intention to Foreclose and of Liability for Deficiency after Foreclosure of Mortgage

State:
Multi-State
Control #:
US-0592BG
Format:
Word; 
Rich Text
Instant download

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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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How to fill out Notice Of Intention To Foreclose And Of Liability For Deficiency After Foreclosure Of Mortgage?

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FAQ

In Oklahoma, you have the right to ?redeem? the property by paying the amount due on the mortgage. You may exercise this right to redeem at any point before the judge confirms the sheriff's sale. If you pay this amount before confirmation, you may regain possession of the property.

Primary tabs. Deficiency judgment is money awarded to creditors when assets securing a loan do not cover the debt owed by a debtor. When a debtor becomes insolvent, a creditor can repossess the asset securing the loan, and then sell the asset to recover the debt.

In return for the lender having the power to sell the property, the Power of Sale clause protects the borrower by stating that when the lender sells the property, the lender may not hold the borrower liable for any cost not covered by the sale unless the lender is able to obtain a deficiency judgment in their favor, ...

Primary tabs. Deficiency judgment is money awarded to creditors when assets securing a loan do not cover the debt owed by a debtor. When a debtor becomes insolvent, a creditor can repossess the asset securing the loan, and then sell the asset to recover the debt.

A deficiency judgment is a personal judgment against a borrower for the balance of a debt owed when the security for the loan is not sufficient to pay the debt.

In a judicial foreclosure, the lender can get a deficiency judgment to collect any money they're owed after the sale. In a judicial foreclosure, after the judge orders the sale of a home, it's usually auctioned off to the highest bidder.

In Oklahoma, the lender may request a deficiency judgment simultaneously when making a motion for an order confirming the sale or within 90 days following the sale. The maximum amount allowed for a deficiency judgment is the lesser of: the difference between the total debt and the fair market value of the property, or.

If a foreclosure is nonjudicial, the foreclosing lender must file a lawsuit following the foreclosure to get a deficiency judgment. On the other hand, with a judicial foreclosure, most states allow the lender to seek a deficiency judgment as part of the underlying foreclosure lawsuit.

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Oklahoma Notice of Intention to Foreclose and of Liability for Deficiency after Foreclosure of Mortgage