Mortgages are liens against property when the property owner borrows money from a lending institution or individual. This form can be used for residential, rentals, small commercial, vacant land and planned unit developments. This form contains a power of sale clause which allows for a non-judicial foreclosure in the event of default.

(2. with respect to any mortgage in which a power of sale is granted: a. the mortgage shall state in bold and underlined language, substantially the following:
"A power of sale has been granted in this mortgage. A power of sale may allow the mortgagee to take the mortgaged property and sell it without going to court in a foreclosure action upon default by the mortgagor under this mortgage,") ( 46 OK Stat 46-43) Many lenders prefer a mortgage with power of sale, it can save time and expense if a foreclosure occurs.

Secured by the mortgage is a promissory note (promise to pay) form. The obligations of Borrower to Lender under this Note and the Additional Obligations heroin remain in full force and effect until Lender has received payment in full of all obligations. The note establishes, interest rates, default rates, late payments, balloon payments, maturity, etc. along with default terms and conditions. The form is County specific and the provisions thereof and all rights and obligations of the parties shall be governed by and construed in accordance with the internal laws of the State of Oklahoma.

A mortgage and promissory note that include power of sale and stringent default terms can be beneficial to the lender.

With a few exceptions mortgage tax is due before a mortgage is recorded.
(A. The following taxes are hereby levied on real estate mortgages:
1. A tax of ten cents ($0.10) for each One Hundred Dollars ($100.00) and each remaining fraction thereof where such mortgage is for five (5) years or more;
2. A tax of eight cents ($0.08) for each One Hundred Dollars ($100.00) for each mortgage where such mortgage is for four (4) years or more but less than five (5) years;
3. A tax of six cents ($0.06) for each One Hundred Dollars ($100.00) where such mortgage is for three (3) years or more but less than four (4) years;
4. A tax of four cents ($0.04) for each One Hundred Dollars ($100.00) where such mortgage is for two (2) years or more but less than three (3) years; and
5. A tax of two cents ($0.02) for each One Hundred Dollars ($100.00) where such mortgage is for less than two (2) years.
If the principal debt or obligation secured by the mortgage is less than One Hundred Dollars ($100.00), a tax of ten cents ($0.10) shall be levied on such mortgage and shall be collected and paid as provided for in this article.

B. In addition to the taxes levied pursuant to the provisions of subsection A of this section, the county treasurer shall collect a fee of Five Dollars ($5.00) on each mortgage presented to the county treasurer for certification. The fees collected pursuant to the provisions of this subsection shall be deposited into a cash account to be known as the "County Treasurer's Mortgage Certification Fee Account". Monies from the account shall be expended by the county treasurer in the lawful operation of the treasurer's office.

C. The tax provided for in subsection A of this section may be paid by the mortgagor, the mortgagee or any other interested party.) (68 OK Stat 68-1904)

Included are a mortgage tax information affidavit form and guidelines sheet, providing pertinent information on how to file.

(Oklahoma Mortgage Package includes forms, guidelines, and completed examples) For use in Oklahoma only.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

What Others Like You Are Saying

— milton m.

"good product easy to use, as advertised"

— Tommy P.

"This was simple! Thank you!"

— Daniel M.

"It was quick and easy!! I recommend this site for your needs!!"

— Regina W.

"So glad I found this form. Very easy to download and looks like all the instructions are there to co…"

— Chris B.

"Accurate information and easy to use website."

Common Uses for Mortgage and Promissory Note

Record a partial reconveyance to release a portion of collateral
Subordinate an existing mortgage to a new loan
Substitute a new trustee on a deed of trust
Record a deed of trust to secure a promissory note
Release a lien after a debt has been paid in full

Compare other Oklahoma deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Full Release and Discharge of Mortgage Contract for Deed Memorandum of Contract for Deed Full Release of Memorandum of Contract for Deed Transfer on Death Deed Transfer on Death Revocation Transfer on Death Affidavit of Acceptance Affidavit of Surviving Joint Tenant Trustee Deed Personal Representative Deed Power of Sale Personal Representative Deed of Distribution Personal Representative Deed of Sale Preliminary Notice Claim of Mechanics Lien Affidavit of Cancellation of Lien Notice of Bond to Discharge Lien Release of Mechanic Lien Request for Waiver of Lien Mechanics Lien Waiver Request for List Disclaimer of Interest Memorandum of Trust Lis Pendens - Notice of Pending Suit Mineral Deed Mineral Deed with Quitclaim Covenants

Important: County-Specific Forms

Our mortgage and promissory note forms are specifically formatted for each county in Oklahoma.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

Back to Oklahoma Forms