§ 760.Waiver of Appraisement - Order of Sale Not to Issue Until Six Months After Judgment

Chapter 13: Limitation of Actions · Last amended November 1, 2017 · Last verified August 3, 2026

In one sentenceSection 760 lets parties waive the appraisement requirement in advance through language in a deed, mortgage, note, or contract, so land can be sold on execution without a valuation, but even then the court can't issue an order of sale until six months after the judgment.

Full Text of § 760

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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.

End

Amendment History

Amended by Laws 2017, c. 201, s. 1, eff. 11/1/2017. R.L. 1910, § 5162.

Plain-English Summary

Section 760 lets parties build a shortcut into their own paperwork. If a deed, mortgage, note, bond, bill, or other written contract contains the words “appraisement waived,” or similar language, a court entering judgment on it orders the judgment, and any process to enforce it, carried out without the usual appraisement: the land can be sold without any valuation being made.

That waiver doesn't speed up the timeline, though. Regardless of the waiver, no order of sale or execution can issue on that judgment until six months have passed since the judgment was rendered.

Frequently Asked Questions

Can a mortgage or note waive the right to have property appraised before a sheriff's sale?

Yes, if it contains “appraisement waived” or similar language, and the court orders the judgment enforced accordingly.

Does waiving appraisement let the creditor sell the property right away?

No. Even with a valid waiver, Section 760 bars any order of sale or execution until six months after the judgment was rendered.

What documents can include this waiver language?

The text lists deeds, mortgages, bonds, notes, bills, and other written contracts.

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: appraisement waived oklahoma mortgagesix month wait execution oklahoma judgment12 O.S. § 760waiver of appraisal oklahoma sale