An Act
ENROLLED SENATE
BILL NO. 976 By: Murdock of the Senate
and
Hardin (David) of the House
An Act relating to sheriff sales; amending 12 O.S.
2021, Section 757, which relates to written notice of
sale; providing for sale of goods and cha ttels
through Internet or other electronic means; limiting
purchase by sheriff or officer; providing for
collection of deposits and payments by certain means;
amending 12 O.S. 2021, Section 765, which relates to
confirmation of sale of realty; providing for
procedure if sale conducted through online auction
marketplace; amending 12 O.S . 2021, Section 766,
which relates to sale by sheriff of lands and
tenements; allowing for use of Internet or other
electronic means; amending 12 O.S. 2021, Section 769,
which relates to place of sale; authorizing public
auction to be held through specified methods;
requiring certain notice; applying certain
restrictions; updating statutory language; and
declaring an emergency.
SUBJECT: Sheriff sales
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 757, is
amended to read as follows :
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Section 757. A. 1. No goods or chattels levied upon by an
officer pursuant to an exec ution issued by a co urt of record shall
be sold unless the party causing the execution to be issued:
a. causes a written notice of sale e xecuted by the
sheriff describing the goods or chattels subject to
sale and stating the date, time and place where the
sale shall occur to be mailed, by first class mail,
postage prepaid, to the judgment debto r, any holder of
record of an interest in the p roperty, and all other
persons of whom the party causing the execution to be
issued has notice who claim a lien or any interest in
the goods or chattels, at least ten (10) days prior to
the date of the sale, i f the names and actual
addresses of such person s are known, and
b. causes public notice to be given of the date, time and
place of sale, for at least ten (10) days be fore the
day of sale. The notice shall be executed by the
sheriff and shall state the nam e of any person having
an interest in the prope rty whose actual address is
unknown, and shall designate the person or persons
whose unknown successors are being notif ied. The
notice shall be given by advertisement, published in
some newspaper published in the county, or, in case no
newspaper be published therein, by setting up
advertisements in five public places in the county.
Two advertisements shall be put up in th e township
where the sale is to be held, and
c. files in the case an affidavit of proof of mailing and
of publication or posting ;.
2. A written notice of sale executed prior to the effective
date of this act by the party causing the execution to be issued but
otherwise conforming to the provisions of this section shall, for
all purposes, be dee med valid.
B. 1. If a purchaser other than th e party causing the
execution to be issued, when require d by the sheriff, fails to post
cash or certified funds equal t o ten percent (10%) of the amount bid
for the property within twenty -four (24) hours of th e sale,
ENR. S. B. NO. 976 Page 3
excluding Sundays and legal holidays, o r otherwise fails to complete
the sale, the sheriff may proceed with the sale and may accept the
next highest bid.
2. When goods and chattels levied upon cannot be sold for want
of bidders, the officer making such return shall affix a true and
correct inventory of such goods and chatte ls to the execution, and
the party causing such execution to be issued may thereupon sue out
another writ of execution, directing the sale of the property levied
upon as provided for in this section.
C. All sales of goods an d chattels may be conducted by public
auction through the Internet or other electronic means pursuant to
this section. For a public auction held by Internet or other
electronic means, place may include the Internet website of an
online auction marketplace selected by the sheriff to hos t and
conduct the sheriff's sale of goods and chattels.
D. No sheriff nor other officer conductin g the sale of such
property, nor any appraiser or online auction marketplace , shall
either directly or indirectly purchase the same; and every purchase
so made shall be considered fraudulent and void. If the online
auction marketplace is a corporation, limited liability company,
limited liability partnership, or partnership, the foregoing
restriction shall apply to any director , officer, employee, managing
member, or partner of such appraiser or online auction marketplace.
E. In the case of a sale by a sheriff conducted through an
online auction marketplace, the online auction marketplace may
collect deposits and payments by wi re transfer, electronic funds
transfer, or cashier's check from a registered bidder, settle the
transaction, and then remit payment of the purchase price to the
court clerk as directed by the sheriff.
SECTION 2. AMENDATORY 12 O.S. 2021, Section 765, is
amended to read as follows:
Section 765. 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:
ENR. S. B. NO. 976 Page 4
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 pu blish legal
notices is published in such county, the notice shall be published
in some such newspaper of general circulation which is publishe d in
an adjoining county. The notice shall state th e 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 requ ired to be
made pursuant to this section. The court may continue the hearing
or make such other orders as are necessary to allow the interest ed
persons to adequately support or oppose any such objections to the
confirmation of the sale. If the court, aft er 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 sa tisfied 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 offic er, on making such sale,
shall deposit the purchase money with the clerk of the court from
which said writ of exec ution 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. In the case of a sale
by a sheriff conducted through an online auction marketplace, the
online auction marketplace may collect and hold deposits and
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additional purchase money payments up to the full amount o f the
winning bid, settle the transaction, and then remit payment of the
purchase money to the court clerk as directed by the sheriff or the
court. Any buyer's premium charged to a buyer for online auction
marketplace services rendered to the buyer shall not be considered
purchase price provided that the buyer's premium is disclosed in
advance in the listing.
SECTION 3. AMENDATORY 12 O.S. 2021, Section 766, is
amended to read as follows :
Section 766. The sheriff or other officer wh o, upon such writ
or writs of execution, shall sell the said lands and tenem ents, or
any part thereof, at a physical place or by Internet or other
electronic means, including an online auction marketplace , 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 ti me
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, t he 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 cas es.
SECTION 4. AMENDATORY 12 O.S. 2021, Section 769, is
amended to read as follows:
Section 769. All sales of lands or tenements under execution
shall be held at the court house courthouse in the county in which
such the lands or tenements are situated, unless some other place
within said the county is designated by the judge having
jurisdiction in the case; or by public auction through the Internet
or other electronic me ans, if notice of the date, time, and place of
the intended sale is provided as required pursuant to Section 764 of
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this title. For a public auction held through the Internet or other
electronic means, place may include the Internet website of an
online auction marketplace selected by the sh eriff to host and
conduct the sheriff's sale of such lands or tenements. No sheriff
or other officer making the sale of property, either persona l or
real, nor any appraiser of such property or online auction
marketplace, shall either directly or indirectly , purchase the same;
and every purchase so made shall be considered fraudulent and void.
If the online auction marketplace is a corporation, li mited
liability company, limited liability partnership, or partnership ,
the foregoing restri ction shall apply to any director, officer,
employee, managing member, or partner of such appr aiser or online
auction marketplace.
SECTION 5. It being immediately necessary for the pr eservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by re ason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. S. B. NO. 976 Page 7
Passed the Senate the 19th day of May, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the 26th day of April, 2022.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________