Req. No. 10404 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1734 By: Moore
AS INTRODUCED
An Act relating to civil procedure; amending 12 O.S.
2021, Section 765, as amended by Section 2, Chapter
326, O.S.L. 2022 (12 O.S. Supp. 2 024, Section 765),
which relates to sheriff sales; prohibiting buyer 's
premium for online auction; limiting fee for online
auction; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 765, as
amended by Section 2, Chap ter 326, O.S.L. 2022 (12 O.S. Supp. 2024,
Section 765), is amended to read as follows:
Section 765. A. Upon the return of any writ of execution for
the satisfaction of which an y 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
Req. No. 10404 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
such person is unknown, sh all 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 article, the court shall direct the clerk to make an entry on
Req. No. 10404 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 sh all remain until
the court shall have examined his or her proceedings as afore said,
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 a n online auction
marketplace, the online auction marketplace may collect and hold
deposits and additional purchase money payments up to the full
amount of the winning bid, settle the transaction, and then remit
payment of the purchase money to the court cl erk as directed by the
sheriff or the court. Any No buyer's premium shall be charged to a
buyer for on any sale including when a sale is conducted through an
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 platform. The fee charged by
the online auction marketplace and all costs incurred by the online
auction marketplace shall be assessed as costs in the case not t o
exceed Three Hundred and Fifty Dollars ($350.00) .
SECTION 2. This act shall bec ome effective November 1, 2025.
60-1-10404 JL 01/07/25