§ 853.Sale of Equitable Interests In Realty

Chapter 13: Limitation of Actions · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 853 lets the court order a receiver to sell a judgment debtor's equitable interest in county real estate, such as a mortgagor's interest, when that interest can be ascertained without dispute over the rights of legal titleholders or lienholders, using the same procedure required for an execution sale.

Full Text of § 853

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If it shall appear that the judgment debtor has any equitable interest in real estate in the county in which proceedings are had, as mortgagor or mortgagee, or otherwise, and the interest of said debtor can be ascertained as between himself and the person or persons holding the legal estate, or the person or persons having a lien on or interest in the same, without controversy as to the interest of such person or persons holding such legal estate or interest therein, or lien on the same, the receiver may be ordered to sell and convey such real estate, or the debtor's interest therein. Such sale shall be conducted in all respects in the same manner as is provided by this code for the sale of real estate upon execution; and the proceedings of the sale shall, before the execution of the deed, be approved by the court in which the judgment was rendered, or the transcript has been filed as aforesaid, as in case of sale upon execution.

End

Amendment History

R.L. 1910, § 5201.

Plain-English Summary

Section 853 addresses property an ordinary execution can't reach directly: a debtor's equitable interest in real estate, held as mortgagor, mortgagee, or otherwise. If that interest can be pinned down as between the debtor and whoever holds the legal estate or a lien on it, without a fight over the rights of those legal-title or lienholders, the receiver may be ordered to sell and convey the real estate or the debtor's interest in it.

The sale itself follows the same procedure the code sets for selling real estate on execution, and the court must approve the sale proceedings before the deed is executed, exactly as it would for an execution sale.

Frequently Asked Questions

Can a creditor force the sale of a debtor's equitable interest in real estate, like a mortgagor's interest?

Yes, if the debtor's equitable interest can be ascertained without controversy over the rights of whoever holds the legal estate or a lien on the property, the receiver may be ordered to sell and convey it.

What sale procedure applies?

The same procedure the code sets out for selling real estate on execution.

Does the court have to sign off on the sale?

Yes. The court must approve the sale proceedings before the deed is executed, just as with an execution sale.

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: selling debtor's equitable interest in real estate oklahomareceiver sale of mortgagor's interestexecution sale procedure equitable interest