§ 1147.4.Sale - Trustee - Notice - Terms - Return - Deed - Confirmation

Chapter 20: Actions Regarding Real Property · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1147.4 lets the court appoint a trustee to sell the property on terms it directs, and once the court confirms the sale and the trustee delivers a deed, that deed vests full fee simple title in the purchaser and bars the prior claims of everyone, including unborn class members.

Full Text of § 1147.4

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Where a sale is made under the provisions of this act, the court may appoint a trustee to make such sale on such terms as it may deem advisable, at public or private sale, with or without notice, and on such terms as to the payment of the purchase price as the court may direct and in the event the sale is made partly in cash and partly on credit, the unpaid balance of the purchase money shall be evidenced by a first mortgage secured by the real estate sold. The trustee appointed to sell said real estate shall make a verified return of sale and, upon confirmation by the court, shall execute a trustee's deed conveying the fee simple title to the real estate sold. Said deed shall vest in the purchaser the full fee simple title to said real estate and the rights and claims of all persons who held an interest therein prior to the sale, including all those of a class not then in being, shall be forever barred. The court shall not confirm said sale unless it shall have received satisfactory evidence that the sale was fairly conducted and that a higher price cannot be obtained and furthermore that the sale is for the best interest of all parties who have or may claim an interest therein.

End

Amendment History

Laws 1953, SB 59, p. 58, § 4, emerg. eff. 6/1/1953.

Plain-English Summary

The court appoints a trustee to carry out the sale -- publicly or privately, with or without notice, on whatever terms the court finds advisable, including part cash and part credit (with the unpaid balance secured by a first mortgage on the property). The trustee then files a verified return of the sale for the court's review.

Once the court confirms the sale, the trustee executes a deed conveying the full fee simple title to the purchaser. That deed forever bars the rights and claims of everyone who held an interest before the sale, including the entire class of persons not yet in being. But confirmation isn't automatic: the court has to find satisfactory evidence that the sale was "fairly conducted," that no higher price is obtainable, and that the sale serves the best interest of everyone with a stake in the property.

Frequently Asked Questions

Who carries out the sale ordered under this act?

A trustee the court appoints, who can sell publicly or privately, with or without notice, on terms the court finds advisable.

What happens if the sale is part cash and part credit?

The unpaid balance of the purchase price has to be secured by a first mortgage on the real estate sold.

What does the trustee's deed accomplish once the sale is confirmed?

It vests the full fee simple title in the purchaser and forever bars the prior claims of everyone who held an interest, including unborn class members.

What must the court find before confirming the sale?

That the sale was "fairly conducted," that a higher price can't be obtained, and that the sale is in the best interest of everyone who has or may claim an interest.

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: trustee sale confirmation oklahoma real estatetrustee's deed fee simple title oklahoma12 O.S. § 1147.4court confirmed sale bars future interest