Updated on August 7th, 2022
An Oklahoma deed of trust designates a trustee to retain a borrower’s real estate title until a loan has been repaid to a lender. The deed serves as a guarantee of repayment; if a breach or loan default occurs, the trustee can seize the property to recoup their investment. Since the deed grants “power of sale” rights, the lender is authorized to foreclose the property non-judicially (i.e., without a court order), which costs less and is quicker than the judicial process commonly applied under a mortgage.
- Statutes: §§ 46.40 to 46.49
- Formatting: § 19-298(B), § 46.43(A)(2)
- Signing Requirements (§ 16-4 & § 16-26): Notary Public
- Where to Record: Register of Deeds
- Recording Fees (§ 28-32(A) & § 28-32(C)): $18 ($8 for the first page + $10 preservation fee); $2 for each additional page.
Related Forms (1)
Oklahoma Promissory Note – Recorded alongside a deed of trust to lay out the borrower’s payment obligations to the lender.
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