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§ 762.Lien Restricted to Property Levied On When Two-Thirds of Appraised Value Sufficient to Satisfy Judgment - Amount For Which Property Sold - Sale For Debt Or Taxes Due State

Chapter 13: Limitation of Actions · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 762 bars selling execution property for less than two-thirds of its appraised value, releases the judgment's lien on the debtor's other property once two-thirds of the levied land's appraised value covers the debt, and exempts sales for state debts or taxes from any valuation requirement.

Full Text of § 762

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If, upon such return, as aforesaid, it appear, by the inquisition, that two-thirds (2/3) of the appraised value of said lands and tenements, so levied upon is sufficient to satisfy the execution, with costs, the judgment on which such execution issued shall not operate as a lien on the residue of the debtor's estate, to the prejudice of any other judgment creditor; but no such property shall be sold for less than two-thirds (2/3) of the value returned in the inquest; and nothing in this section contained shall, in any wise, extend to affect the sale of lands by the state, but all lands, the property of individuals indebted to the state for any debt or taxes, or in any other manner, shall be sold without valuation, for the discharge of such debt or taxes, agreeably to the laws in such cases made and provided.

Amendment History

R.L. 1910, § 5164.

Plain-English Summary

Section 762 does two things once an appraisal comes back. First, it sets a floor: if the inquisition shows two-thirds of the appraised value of the levied land is enough to cover the execution and costs, the land can't be sold for less than two-thirds of that appraised value.

Second, it limits how far the judgment's lien reaches. Once two-thirds of the appraised value of the levied land covers the debt, the judgment stops operating as a lien on the rest of the debtor's estate, so it doesn't prejudice any other judgment creditor's claim on that other property.

The two-thirds floor doesn't apply everywhere: land sold by the state, or land belonging to individuals who owe the state debts or taxes, can be sold without any valuation at all.

Frequently Asked Questions

Is there a minimum price for land sold at an Oklahoma execution sale?

Yes. If two-thirds of the appraised value is enough to cover the execution and costs, the land can't be sold for less than two-thirds of that appraised value.

What happens to the judgment lien on the debtor's other property once the levied land's value covers the debt?

The judgment stops acting as a lien on the rest of the debtor's estate, so it can't prejudice another judgment creditor's claim there.

Does the two-thirds rule apply to land sold to collect state debts or taxes?

No. Land sold for debts or taxes owed to the state is sold without any valuation.

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: minimum sale price sheriff sale oklahomatwo thirds appraised value oklahoma execution12 O.S. § 762judgment lien released other property oklahoma