Chapter 13: Limitation of Actions · Last amended June 2, 2025 · Last verified August 3, 2026
In one sentenceSection 765 requires ten days' notice of the confirmation hearing on an execution sale of real estate to everyone entitled to notice of the sale plus the high bidder, lets anyone file a written objection, and bars any buyer's premium once the court confirms the sale.
A.Upon the return of any writ of execution for the satisfaction of which any lands or tenements have been sold, the party causing the execution to be issued shall:
1.Cause a written notice of hearing on the confirmation of the sale to be mailed, by first-class mail, postage prepaid, to all persons to whom mailing of the notice of the execution of sale was required to be made pursuant to Section 764 of this title and to the high bidder at such sale, at least ten (10) days before the hearing on the confirmation of the sale, and if the name or address of any such person is unknown, shall cause a notice of the hearing on the confirmation of the sale to be published in a newspaper authorized by law to publish legal notices in the county in which the property is situated. If no newspaper authorized by law to publish legal notices is published in such county, the notice shall be published in some such newspaper of general circulation which is published in an adjoining county. The notice shall state the name of any person being so notified and shall be published once at least ten (10) days prior to the date of the hearing on the confirmation of the sale; and
2.Files in the case an affidavit of proof of mailing, and if required, of publication.
B.Any person filing a written objection to the confirmation of the sale shall cause a copy of such written objection to be mailed, prior to the hearing on the confirmation of the sale, by first-class mail, postage prepaid, to all persons to whom mailing of the notice of the hearing on the confirmation of the sale was required to be made pursuant to this section. The court may continue the hearing or make such other orders as are necessary to allow the interested persons to adequately support or oppose any such objections to the confirmation of the sale. If the court, after having carefully examined the proceedings of the officer, is satisfied that the sale has, in all respects, been made in conformity with the provisions of this section, the court shall direct the clerk to make an entry on the journal that the court is satisfied of the legality of such sale and shall order that the officer make to the purchaser a deed for such lands and tenements; and the officer, on making such sale, shall deposit the purchase money with the clerk of the court from which the writ of execution issued, where same shall remain until the court shall have examined his or her proceedings, when the clerk of the court shall pay the same to the person entitled thereto, agreeable to the order of the court. No buyer's premium shall be charged to a buyer on any sale.
Amendment History
Amended by Laws 2025, c. 413,s. 3, eff. 6/2/2025.
Amended by Laws 2022, c. 326, s. 2, eff. 5/25/2022.
Amended by Laws 1986, HB 1838, c. 227, § 4, eff. 11/1/1986; Amended by Laws 1987, HB 1261, c. 189, § 3,
eff. 11/1/1987.
Plain-English Summary
Selling land on execution isn't final until a court confirms it. Section 765 requires the party who had the execution issued to mail notice of the confirmation hearing, at least ten days before it, to everyone who was entitled to notice of the sale under Section 764 and to the high bidder. If someone's name or address is unknown, that notice runs by publication instead, and the party must file proof of the mailing and any publication.
Anyone can object in writing to the confirmation, and must mail a copy of that objection to everyone else who got notice of the hearing before the hearing happens. The court can continue the hearing or issue orders letting interested people respond to an objection. If, after reviewing the officer's proceedings, the court is satisfied the sale was legally made, it orders a journal entry to that effect and directs the officer to deed the property to the purchaser; the officer deposits the purchase money with the court clerk until the court has finished its review, then the clerk pays the person entitled to it. No buyer's premium can be charged on any sale.
Frequently Asked Questions
What happens after a sheriff sells real estate on execution in Oklahoma?
The sale has to be confirmed by the court, with at least ten days' notice of the confirmation hearing to everyone entitled to notice of the sale plus the high bidder.
Can someone object to the confirmation of an execution sale?
Yes. Anyone can file a written objection and must mail a copy to everyone else entitled to notice before the hearing.
What does the court do if it's satisfied the sale was legal?
It directs the clerk to enter that finding on the journal and orders the officer to deed the property to the purchaser.
Where does the purchase money go while the court reviews the sale?
The officer deposits it with the clerk of the court that issued the writ, and the clerk pays it out once the court finishes its review.
Can a buyer be charged a buyer's premium on a sheriff's sale?
No. Section 765 bars charging any buyer's premium on the sale.
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:confirmation of sheriff sale oklahomaobjecting to sheriff sale oklahoma12 O.S. § 765buyers premium sheriff sale oklahoma