Oklahoma § 46-41 - Scope of act

§ 46-41. Scope of act

The Oklahoma Power of Sale Mortgage Foreclosure Act shall not

apply to:

1. A landlord's lien unless the parties agree in writing that

this act applies;

2. A vendor's or vendee's lien pursuant to Sections 26 and 30

of Title 42 of the Oklahoma Statutes unless the lien is specifically

created by a writing;

3. A nonconsensual lien, such as a mechanics or materialmans

lien pursuant to Sections 142 through 151 of Title 42 of the

Oklahoma Statutes, a judgment lien, or a tax lien;

4. An agreement not to convey or encumber;

5. A lien created or regulated and subject to an enforcement

procedure specifically applicable to it under another statute of

Oklahoma Statutes - Title 46. Mortgages

this state, such as the lien for the unpaid share of common expenses

regulated by Section 524 of Title 60 of the Oklahoma Statutes,

unless the parties agree in writing that this act applies;

6. A mortgage securing an extension of credit made primarily

for an agricultural purpose as defined in paragraph 4 of Section 1301 of Title 14A of the Oklahoma Statutes where the mortgagor is

either a natural person or a farm or ranching business corporation

as defined in Section 951 of Title 18 of the Oklahoma Statutes; and

7. A mortgage on the mortgagor's homestead if, after the notice

of sale is given to the mortgagor pursuant to subsection B of

Section 6 of this act, the mortgagor elects judicial foreclosure in

compliance with the provisions of subparagraphs b and c of paragraph

2 of subsection A of Section 4 of this act.

Added by Laws 1986, c. 319, § 2, eff. Nov. 1, 1986.