reglab/housing_qa huggingface dataset:
12 OK Stat § 12-758 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-758. Further levy when property taken insufficient.

|When any writ shall issue, directing the sale of property previously taken in execution, the officer issuing said writ shall, at the request of the person entitled to the benefit thereof, his agent or attorney, add thereto a command to the officer to whom such writ shall be directed, that if the property remaining in his hands not sold shall, in his opinion, be insufficient to satisfy the judgment, he shall levy the same upon lands and tenements, goods and chattels, or either, as the law shall permit, being the property of the judgment debtor, sufficient to satisfy the debt. |R.L. 1910, § 5160.
12 OK Stat § 12-759 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-759. Filing and index of execution - Appraisement of property - Extension of judgment lien.

|A. When a general execution is issued and placed in the custody of a sheriff for levy, a certified copy of the execution shall be filed in the office of the county clerk of the county whose sheriff holds the execution and shall be indexed in the same manner as judgments. At the time the execution is filed, the court clerk shall collect from the party seeking a general execution all fees necessary for the payment of the disinterested persons or a legal entity for services in appraising the subject property pursuant to the requirements of subsection B of this section. |B. If a general or special execution is levied upon lands and tenements, the sheriff shall endorse on the face of the writ the legal description and shall have three disinterested persons who have taken an oath to impartially appraise the property levied on or a legal entity which has provided a written affidavit of impartiality, upon actual view; and the disinterested persons or legal entity shall return to the officer a signed estimate of the real value of the property. If an estimate is obtained from a disinterested legal entity, such estimate shall be developed by the legal entity using at least three independent, credible sources, each of which has estimated the real value of the subject property independently. The disinterested persons or legal entity shall be paid for such services by the court clerk of the county where the property is located within thirty (30) days of the date that they return their estimate of the real value of the property.C. To extend a judgment lien beyond the initial or any subsequent statutory period, prior to the expiration of such period, a certified copy of one of the following must be filed and indexed in the same manner as judgments in the office of the county clerk in the county in which the statement of judgment was filed and the lien thereof is sought to be retained:1. A general execution upon the judgment;2. A notice of renewal of judgment;3. A garnishment summons issued against the judgment debtor; or4. A notice of income assignment sent to a payor of the judgment debtor.R.L.1910, § 5161. Amended by Laws 1981, c. 120, § 2; Laws 1988, c. 22, § 2, eff. Nov. 1, 1988; Laws 1997, c. 320, § 4, eff. Nov. 1, 1997; Laws 2000, c. 384, § 2, eff. Nov. 1, 2000; Laws 2010, c. 404, § 1, eff. Nov. 1, 2010; Laws 2019, c. 122, § 1, eff. Nov. 1, 2019.
12 OK Stat § 12-760 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-760. Waiver of appraisement - Order of sale not to issue until six months after judgment.

|If the words "appraisement waived" or other words of similar import, shall be inserted in any deed, mortgages, bonds, notes, bill or written contract, any court rendering judgment thereon, shall order as a part of the judgment that the same, and any process issued thereon, shall be enforced, and that lands and tenements may be sold thereunder without appraisement; and such judgment, and any process issued thereon shall be enforced, and sales of land and tenements made thereunder, without any appraisement or valuation being made of the property, to be sold: Provided, that no order of sale or execution shall be issued upon such judgment until the expiration of six (6) months from the time of the rendition of the initial judgment. |R.L. 1910, § 5162. Amended by Laws 2017, c. 201, § 1, eff. Nov. 1, 2017.
12 OK Stat § 12-761 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-761. Return of appraisement - Sale.

|The officer receiving such return shall forthwith deposit a copy thereof with the clerk of the court from which the writ issued, and advertise and sell such property, agreeably to the provisions of this article. |R.L. 1910, § 5163.
12 OK Stat § 12-762 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-762. 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.

|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. |R.L. 1910, § 5164.
12 OK Stat § 12-763 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-763. Judgments against public officers - Sale without valuation.

|If the property of any clerk, sheriff, coroner, judge of the district court, constable or any collector of state, county, town or township tax, shall be levied on for, or on account of, any monies that now are, or may hereafter be, by them collected or received in their official capacity, the property so levied on shall be sold without valuation. |R.L. 1910, § 5165.
12 OK Stat § 12-765 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-765. Confirmation of sale - Objections.

|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 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; and2. 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 article, 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 said writ of execution issued, where same shall remain until the court shall have examined his proceedings as aforesaid, when said clerk of the court shall pay the same to the person entitled thereto, agreeable to the order of the court.R.L. 1910, § 5167. Amended by Laws 1959, p. 80, § 1; Laws 1986, c. 227, § 4, eff. Nov. 1, 1986; Laws 1987, c. 189, § 3, operative Nov. 1, 1987.
12 OK Stat § 12-766 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-766. Sheriff's deed - Title transferred - Requisites.

|The sheriff or other officer who, upon such writ or writs of execution, shall sell the said lands and tenements, or any part thereof, shall make to the purchaser as good and sufficient deed of conveyance of the land sold, as the person or persons against whom such writ or writs of execution were issued could have made of the same, at or any time after they became liable to the judgment. The deed shall be sufficient evidence of the legality of such sale, and the proceedings therein, until the contrary be proved, and shall vest in the purchaser as good and as perfect an estate in the premises therein mentioned, as was vested in the party at, or after, the time when such lands and tenements became liable to the satisfaction of the judgment; and such deed of conveyance, to be made by the sheriff or other officer, shall recite the execution or executions, or the substance thereof, and the names of the parties, the amount and date of rendition of each judgment, by virtue whereof the said lands and tenements were sold as aforesaid, and shall be executed, acknowledged and recorded as is or may be provided by law, to perfect the conveyance of real estate in other cases. |R.L. 1910, § 5168.
12 OK Stat § 12-767 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-767. Officers may require advance of printer's fees.

|The officer who levies upon goods and chattels, or lands and tenements, or who is charged with the duty of selling the same by virtue of any writ of execution, may refuse to publish a notice of the sale thereof by advertisement in a newspaper until the party for whose benefit such execution issued, his agent or attorney, shall advance to such officer so much money as will be sufficient to discharge the fees of the printer for publishing such notice. |R.L. 1910, § 5169.
12 OK Stat § 12-768 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-768. Same - Officer must make demand.

|Before any officer shall be excused from giving the notification mentioned in the last section, he shall demand of the party for whose benefit the execution was issued, his agent or attorney provided either of them reside in the county, the fees in said section specified. |R.L. 1910, § 5170.
12 OK Stat § 12-769 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-769. Place of sale - Officers or appraisers not to purchase.

|All sales of lands or tenements under execution shall be held at the court house in the county in which such lands or tenements are situated, unless some other place within said county is designated by the judge having jurisdiction in the case. No sheriff or other officer making the sale of property, either personal or real, nor any appraiser of such property, shall either directly or indirectly, purchase the same; and every purchase so made shall be considered fraudulent and void. |R.L. 1910, § 5171. Amended by Laws 1965, c. 173, § 1, emerg. eff. June 2, 1965.
12 OK Stat § 12-770 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-770. Other executions of realty not sold.

|If lands or tenements, levied on as aforesaid, are not sold upon one execution, other executions may be issued to sell the property so levied upon. |R.L. 1910, § 5172.
12 OK Stat § 12-771 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-771. Levy on realty under several executions.

|In all cases where two or more executions shall be put into the hands of any sheriff or other officer, and it shall be necessary to levy on real estate to satisfy the same, and either of the judgment creditors, in whose favor one or more of said executions are issued, shall require the sheriff or other officer to levy said executions, or so many thereof as may be required, on separate parcels of the real property of the judgment debtor or debtors, giving to the officer making the levy on behalf of the creditors, whose execution may, by the provisions of this article, be entitled to a preference, the choice of such part of the real property of the judgment debtor or debtors, as will be sufficient, at two-thirds (2/3) of the appraised value, to satisfy the same; and in all cases where two or more executions, which are entitled to no preference over each other, are put in the hands of the same officer, it shall be the duty of the officer, when required, to levy the same on separate parcels of the real property of the judgment debtor or debtors, when, in the opinion of the appraisers, the same may be divided without material injury; and if the real property of said debtors will not be sufficient, at two-thirds (2/3) of its appraised value, to satisfy all the executions chargeable thereon, such part of the same shall be levied on, to satisfy each execution, as will bear the same proportion in value to the whole, as the amount due to the execution bears to the amount of all the executions chargeable thereon, as near as may be according to the appraised value of each separate parcel of said real property. |R.L. 1910, § 5173.
12 OK Stat § 12-772 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-772. Deed by successor of officer making sale.

|If the term of service of the sheriff or other officer who has made, or shall hereafter make sale of any lands and tenements, shall expire, or if the sheriff or other officer shall be absent, or be rendered unable by death or otherwise, to make a deed of conveyance of the same, any succeeding sheriff or other officer, on receiving a certificate from the court from which the execution issued for the sale of said lands and tenements, signed by the clerk, by order of said court, setting forth that sufficient proof has been made to the court that said sale was fairly and legally made, and on tender of the purchase money, or if the same or any part thereof be paid then on proof of such payment and tender of the balance, if any, may execute to the said purchaser or purchasers, or his or their legal representatives, a deed of conveyance of said lands and tenements so sold. Such deed shall be as good and valid in law and have the same effect as if the sheriff or other officer who made the sale had executed the same. |R.L. 1910, § 5174.
12 OK Stat § 12-773 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-773. Payment to defendant of overplus after sale.

|If, on any sale made as aforesaid, there shall be in the hands of the sheriff or other officer more money than is sufficient to satisfy the writ or writs of execution, with interest and costs, the sheriff or other officer shall, on demand, pay the balance to the defendant in execution. |R.L. 1910, § 5175.
12 OK Stat § 12-774 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-774. Reversal of judgment after sale of land.

|If any judgment or judgments, in satisfaction of which any lands or tenements are sold, shall at any time thereafter be reversed, such reversal shall not defeat or affect the title of the purchaser or purchasers; but in such cases, restitution shall be made, by the judgment creditors, of the money, for which such lands or tenements were sold, with lawful interest from the day of sale. |R.L. 1910, § 5176.
12 OK Stat § 12-775 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-775. Execution on judgment in favor of state - Purchase by state - Resale - Disposition of funds received.

|In all civil actions wherein the State of Oklahoma, as plaintiff, has heretofore or may hereafter recover judgment, and where, in any such action an execution has or may be issued, the State of Oklahoma, through the officer or officers on whose relation the action was brought, may bid at such execution sale, and buy said property offered for sale, for any amount not to exceed the amount of the judgment in such action, said amount to be credited upon the judgment. |And further, when such property offered for sale at execution is bought by the State of Oklahoma, said property may be sold for the state by the officer or officers upon whose relation the state was party plaintiff, and further provided that at such execution sales the attorney or attorneys representing the State of Oklahoma may bid for the state, not to exceed the amount of the judgment, provided, however, that said bid is not more than One Hundred Dollars ($100.00) higher than the next best bid, and if there be no other bidder, then not to exceed One Hundred Dollars ($100.00).And further provided that in disposing of such property so acquired, if it be personal property the officer or successor of the officer upon whose relation the State of Oklahoma was plaintiff may sell said property by executing a good and sufficient bill of sale, to be attested by the Secretary of State. And in disposing of real property so acquired or any interest or equity therein, the officer or successor in office on whose relation the state was party plaintiff may execute in the name of the State of Oklahoma by said officer a good and sufficient deed, to be attested by the Secretary of the State of Oklahoma. Provided, however, that in no event shall any sale be valid under this act for any amount less than the amount for which said property was originally bid in by the state. The funds obtained upon the sale of any such property shall be placed in the fund for which the judgment was obtained.Added by Laws 1941, p. 37, § 1.
12 OK Stat § 12-801 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-801. Reappraisal where realty twice advertised for sale.

|In all cases where real estate has been or may hereafter be taken on execution and appraised and twice advertised and offered for sale, and shall remain unsold for the want of bidders it shall be the duty of the court from which such execution issued, on motion of the plaintiff, to set aside such appraisement and order a new one to be made, or to set aside such levy and appraisement and award a new execution to issue, as the case may require. |R.L.1910, § 5177. Amended by Laws 2000, c. 380, § 1, eff. Nov. 1, 2000.
12 OK Stat § 12-802 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-802. Return.

|The sheriff or other officer to whom any writ of execution shall be directed, shall return such writ to the court to which the same is returnable, within sixty (60) days from the date thereof. |R.L. 1910, § 5178.
12 OK Stat § 12-803 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-803. Principal and surety - Levy against principal before surety.

|In all cases where judgment is rendered in any court of record within this state, upon any instrument of writing in which two or more persons are jointly and severally bound, and it shall be made to appear to the court, by parol or other testimony, that one or more of said persons so bound, signed the same as surety or bail, for his or their codefendant, it shall be the duty of the clerk of said court, in recording the judgment thereon to certify which of the defendants is principal debtor, and which are sureties or bail. And the clerk of the court aforesaid shall issue execution on such judgment, commanding the sheriff or other officer to cause the money to be made of the goods and chattels, lands and tenements, of the principal debtor; but for want of sufficient property of the principal debtor to make the same, that he cause the same to be made of the goods and chattels, lands and tenements, of the surety or bail. In all cases, the property, both personal and real, of the principal debtor, within the jurisdiction of the court, shall be exhausted before any of the property of the surety or bail shall be taken in execution. |R.L. 1910, § 5179.
12 OK Stat § 12-811 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-811. Action for officer's neglect or refusal - Notice.

|A. If any sheriff or other officer shall refuse or neglect to execute any writ of execution to him directed, which has come to his hands, or shall neglect or refuse to sell any goods and chattels, lands and tenements; or shall neglect to call an inquest and return a copy thereof forthwith, to the clerk's office, or shall neglect to return any writ of execution to the proper court on or before the return day thereof, or shall neglect to return a just and perfect inventory of all and singular the goods and chattels by him taken in execution, unless the said sheriff or other officer shall return that he has levied and made the amount of the debt, damages and costs; or shall refuse or neglect, on demand, to pay over to the plaintiff, his agent or attorney of record, all monies by him collected or received for the use of said party at any time after collecting or receiving the same, except as provided in Section 765 of this title, or shall neglect or refuse, on demand made by the defendant, his agent or attorney of record, to pay over all monies by him received for any sale made, beyond what is sufficient to satisfy the writ or writs of execution, with interest and legal costs, the party aggrieved by the alleged neglect or refusal may file an action in district court to recover damages sustained. |B. Before an aggrieved party shall proceed in an action pursuant to this section, the party shall serve written notice upon the sheriff, detailing the alleged act or acts of negligence or refusal to act. Said notice shall be served personally upon the sheriff at least twenty (20) days before a petition is filed in district court. The sheriff or other officer shall have twenty (20) days from receipt of notice to perform the act which is the basis for the alleged neglect or refusal to act or to respond as to reason for failure to do so. If the sheriff performs the act required within the twenty-day period no action for damages shall be authorized.Notice also shall be served upon the surety from whom the bond, required by Section 167 of Title 19 of the Oklahoma Statutes, was purchased. Proof of service of notice required by this subsection shall be attached to the petition filed by the aggrieved party.R.L. 1910, § 5180. Amended by Laws 1990, c. 185, § 1, eff. Sept. 1, 1990.