The officer to whom a writ of execution is delivered, shall proceed immediately to levy the same upon the goods and chattels of the debtor; but if no goods and chattels can be found, the officer shall endorse on the writ of execution, "No goods," and forthwith levy the writ of execution upon the lands and tenements of the debtor, which may be liable to satisfy the judgment; and if any of the lands and tenements of the debtor which may be liable shall be encumbered by a mortgage or any other lien or liens, such lands and tenements may be levied upon and appraised. If the appraisal reveals any equity in excess of such mortgage or liens, the lands and tenements may be sold, subject to such mortgage or liens, stated in the appraisal. If the appraisal reveals no equity, the lands and tenements of the debtor shall not be sold.
§ 751.Levy On Goods and Chattels, Then On Realty - Sale of Lands Subject to Liens - Appraisement
Chapter 13: Limitation of Actions · Last amended November 1, 1985 · Last verified August 3, 2026
In one sentenceSection 751 requires an officer executing a writ to levy first on the debtor's goods and chattels, then, only if none exist, on real estate, and lets encumbered land be sold subject to existing liens if an appraisal shows equity above them.
Full Text of § 751
Amendment History
Amended by Laws 1985, HB 1408, c. 277, § 10, eff. 11/1/1985.
Plain-English Summary
Section 751 sets the order of operations once a writ of execution lands in an officer's hands. The officer levies right away on the debtor's goods and chattels; if there aren't any, the officer endorses “No goods” on the writ and moves to the debtor's lands and tenements.
Land that's already mortgaged or otherwise encumbered isn't automatically off-limits. The officer can still levy on it and have it appraised. If the appraisal shows equity above the mortgage or other liens, the land can be sold subject to those liens. If the appraisal shows no equity beyond what's already owed on the property, the land can't be sold at all.
Frequently Asked Questions
Must personal property be seized before real estate in an Oklahoma execution?
Yes. Section 751 requires the officer to levy immediately on the debtor's goods and chattels and turn to land and tenements only if none can be found.
What does an officer write on the writ if the debtor has no personal property?
The officer endorses “No goods” on the writ before levying on real estate.
Can a sheriff sell mortgaged land to satisfy a judgment?
Only if an appraisal shows equity above the mortgage or other liens; the land can then be sold subject to those liens.
What happens if the appraisal shows no equity in the encumbered land?
The land can't be sold under this section.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: oklahoma levy order personalty before realtycan sheriff sell mortgaged property oklahoma12 O.S. § 751no goods execution oklahoma