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An Act
ENROLLED SENATE
BILL NO. 747 By: Weaver and Reinhardt of the
Senate
and
Harris of the House
An Act relating to sheriff auctions; amending 12 O.S.
2021, Sections 757, as amended by Section 1, Chapter
326, O.S.L. 2022, 764, and 765, as amended by Section
2, Chapter 326, O.S.L. 2022 (12 O.S. Supp. 2024,
Sections 757 and 765), which relate to levy and
proceedings; adding certain notice requirements for
online auctions; updating statutory language;
updating statutory references; making language gender
neutral; permitting sheriffs to utilize online
auctions; modifying certain language relating to
online auctions for goods and chattels; prohibiting
charging of buyer’s premium; authorizing certain use
of online auction marketplace; prohibiting purchases
by certain individuals; requiring certain
nonelectronic option for bidders; allowing for
reasonable terms of service or use; allowing for
certain collection of payments; allowing for certain
fees for online auction marketplaces; providing for
codification; and declaring an emergency.
SUBJECT: Sheriff auctions
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 757, as
amended by Section 1, Chapter 326, O.S.L. 2022 (12 O.S. Supp. 2024,
Section 757), is amended to read as follows:
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Section 757. A. 1. No goods or chattels levied upon by an
officer pursuant to an execution issued by a court of record shall
be sold unless the party causing the execution to be issued:
a. causes a written notice of sale executed by the
sheriff describing the goods or chattels subject to
sale and stating the date, time, and place where the
sale shall occur and, if the sale is to utilize an
online auction marketplace, stating the sale will be
conducted through an online auction marketplace, the
Internet address where bids may be entered, the date
of the sale, and the time when bidding is scheduled to
be open, to be mailed, by first class first-class
mail, postage prepaid, to the judgment debtor, any
holder of record of an interest in the property, and
all other persons of whom the party causing the
execution to be issued has notice who claim a lien or
any interest in the goods or chattels, at least ten
(10) days prior to the date of the sale, if the names
and actual addresses of such persons are known, and
b. causes public notice to be given of the date, time and
place of sale, for at least ten (10) days before the
day of sale. The notice shall be executed by the
sheriff and shall state the name of any person having
an interest in the property whose actual address is
unknown, and shall designate the person or persons
whose unknown successors are being notified. The
notice shall be given by advertisement, published in
some newspaper published in the county, or, in case no
newspaper be is published therein, by setting up
advertisements in five public places in the county.
Two advertisements shall be put up in the township
where the sale is to be held, and
c. files in the case an affidavit of proof of mailing and
of publication or posting.
2. A written notice of sale executed prior to the effective
date of this act November 1, 1987, by the party causing the
execution to be issued but otherwise conforming to the provisions of
this section shall, for all purposes, be deemed valid.
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B. 1. If a purchaser other than the party causing the
execution to be issued, when required by the sheriff, fails to post
cash or certified funds equal to ten percent (10%) of the amount bid
for the property within twenty-four (24) hours of the sale,
excluding Sundays and legal holidays, or otherwise fails to complete
the sale, the sheriff may proceed with the sale and may accept the
next highest bid.
2. When goods and chattels levied upon cannot be sold for want
of bidders, the officer making such return shall affix a true and
correct inventory of such goods and chattels to the execution, and
the party causing such execution to be issued may thereupon sue out
another writ of execution, directing the sale of the property levied
upon as provided for in this section.
C. The sheriff may determine whether the sale provided for in
this section shall utilize an online auction marketplace. All sales
of goods and chattels may be conducted by public auction through the
Internet or other electronic means pursuant to this section. For a
public auction held by Internet or other electronic means, place may
include the Internet website of an online auction marketplace
selected by the sheriff to host and conduct the sheriff's sale of
goods and chattels a sheriff utilizing an online auction marketplace
shall be conducted in accordance with the provisions of Section 4 of
this act.
D. No sheriff nor other officer conducting the sale of such
property, nor any appraiser or online auction marketplace, shall
either directly or indirectly purchase the same; and every purchase
so made shall be considered fraudulent and void. If the online
auction marketplace is a corporation, limited liability company,
limited liability partnership, or partnership, the foregoing
restriction shall apply to any director, officer, employee, managing
member, or partner of such appraiser or online auction marketplace.
E. In the case of a sale by a sheriff conducted through an
online auction marketplace, the online auction marketplace may
collect deposits and payments by wire transfer, electronic funds
transfer, or cashier's check from a registered bidder, settle the
transaction, and then remit payment of the purchase price to the
court clerk as directed by the sheriff.
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SECTION 2. AMENDATORY 12 O.S. 2021, Section 764, is
amended to read as follows:
Section 764. A. Lands and tenements taken on execution shall
not be sold unless the party causing the execution to be issued:
1. Causes a written notice of sale executed by the sheriff
containing the legal description of the property to be sold and
stating the date, time, and place where the property will be sold
and, if the sale is to utilize an online sale marketplace, stating
the sale will be conducted through an online auction marketplace,
the Internet address where bids may be entered, the date of the
sale, and the time when bidding is scheduled to be open, to be
mailed, by first class first-class mail, postage prepaid, to the
judgment debtor, any holder of interest of record in the property to
be sold whose interest is sought to be extinguished, and all other
persons of whom the party causing the execution to be issued has
notice who claim a lien or any interest in the property whose
interest is sought to be extinguished, at least ten (10) days prior
to the date of the sale, if the names and addresses of such persons
are known; and
2. Causes public notice of the date, time and place of sale to
be given by publication for two (2) successive weeks in a newspaper
published in the county in which the property to be sold is
situated, or in case no newspaper be is published in such county,
then in a newspaper of general circulation therein and by putting up
an advertisement upon the courthouse door and in five other public
places in such county, two of which shall be in the township where
such lands and tenements lie; provided, that in counties now having
a population of one hundred ten thousand (110,000) or more according
to the last Federal Decennial Census, the advertisement shall be
published in some newspaper published in the city or township where
said such lands and tenements lie, or if there be is no newspaper in
such city or township, then in some newspaper published in the
county. Notice shall be executed by the sheriff and state the name
of any person having an interest in the property to be sold whose
interest is sought to be extinguished and whose actual address is
unknown, and shall designate the person or persons whose unknown
successors are being notified; and
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3. Files in the case an affidavit of proof of mailing and of
publication or posting.
B. A written notice of sale executed prior to the effective
date of this act November 1, 1987, by the party causing the
execution to be issued but otherwise conforming to the provisions of
this section shall, for all purposes, be deemed valid.
C. Such sale shall not be held less than thirty (30) days after
the date of first publication of the notice required in paragraph 2
of subsection A of this section. If a purchaser other than the
party causing the execution to be issued, when required by the
sheriff, fails to post cash or certified funds equal to ten percent
(10%) of the amount bid for the property within twenty-four (24)
hours of the sale, excluding Sundays and legal holidays, or
otherwise fails to complete the sale, the sheriff may accept the
next highest bid. Except as otherwise provided for in subsection B
of this section, sales for which the provisions of subsection A of
this section have not been complied with shall be set aside on
motion by the court to which the execution is returnable.
D. The sheriff may determine whether the sale provided for in
this section shall utilize an online auction marketplace. All sales
of lands and tenements conducted by a sheriff utilizing an online
auction marketplace shall be conducted in accordance with the
provisions of Section 4 of this act.
SECTION 3. AMENDATORY 12 O.S. 2021, Section 765, as
amended by Section 2, Chapter 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 any 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 first-class mail, postage prepaid,
to all persons to whom mailing of the notice of the execution of
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 such person is unknown, shall cause a notice of the
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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
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 section, the court
shall direct the clerk to make an entry on 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 the writ
of execution issued, where same shall remain until the court shall
have examined his or her proceedings as aforesaid, when said the
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 an 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 clerk as directed by the sheriff or the
court. Any No buyer's premium shall be charged to a buyer for
online auction marketplace services rendered to the buyer shall not
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be considered purchase price provided that the buyer's premium is
disclosed in advance in the listing on any sale.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 776 of Title 12, unless there is
created a duplication in numbering, reads as follows:
A. In accordance with the provisions of Section 751 et seq. of
Title 12 of the Oklahoma Statutes, sheriffs may conduct the sale of
goods, chattels, or lands and tenements utilizing an online auction
marketplace.
B. No sheriff or other officer conducting the sale of property
or any appraiser or online auction marketplace, including any
affiliation with a corporation, limited liability company, limited
liability partnership, partnership, or other business entity, shall
either directly or indirectly purchase the property; any such
purchase shall be considered fraudulent and void. The prohibition
of this subsection shall also apply to those related by affinity or
consanguinity within the third degree. If the appraiser or online
auction marketplace is a corporation, limited liability company,
limited liability partnership, partnership, or other business
entity, such prohibition shall apply to any director, officer,
employee, managing member, or partner of such appraiser or online
auction marketplace.
C. If an online auction marketplace is used pursuant to this
section, the online auction marketplace shall provide a
nonelectronic option for bidders.
D. The online auction marketplace may require bidders to agree
to reasonable terms of service or use. Any such terms of service or
use shall provide that the terms of service or use are subject to
the laws and jurisdiction of this state.
E. The online auction marketplace may collect deposits and
payments by wire transfer, electronic funds transfer, or cashier’s
check from a registered bidder; and remit payment of the purchase
price to the court clerk as directed by the sheriff but in no case
more than five (5) business days following the completion of the
sale.
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F. In accordance with the provisions of Section 765 of Title 12
of the Oklahoma Statutes, no buyer’s premium shall be charged to a
buyer on any sale conducted by a sheriff, or other officer,
utilizing an online auction marketplace. The fee charged and all
costs incurred by the online auction marketplace shall be assessed
as costs not to exceed Four Hundred Twenty-five Dollars ($425.00)
per confirmed sale.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. S. B. NO. 747 Page 9
Passed the Senate the 20th day of May, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the 28th day of April, 2025.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________