Oklahoma § 58-385 - Authority to renew or extend mortgage or execute new
Full text of Oklahoma Oklahoma Statutes § 58-385 — Authority to renew or extend mortgage or execute new, with citation guidance and answers to common questions.
§ 58-385. Authority to renew or extend mortgage or execute new
mortgage.
A. 1. The district court may, upon verified petition supported
by sufficient evidence showing that the best interest of the owners
of the real estate affected requires it, by order, grant authority
to the administrators or executors of the estate of deceased persons
or to the guardians of the estates of minors or incapacitated
persons, to enter into contracts for and to renew or extend the time
of payment of any mortgage, lien, or obligation which may by
operation of law become a lien upon the real estate of the estate or
ward, including homestead, or to execute a new mortgage for the
purpose of paying off and securing the release of any such mortgage,
lien, or obligation which may by operation of law become a lien;
provided, in no case shall such authority be granted to mortgage, or
contract for the renewal or extension of any mortgage, for an amount
greater than may be necessary to pay an obligation which may by
operation of law become a lien, or liens existing at the time an
order is granted including principal, interest, taxes, and
reasonable expenses as may be incident to perfecting the renewal,
extension, or new mortgage.
2. The court, in its discretion, may grant authority to include
in a renewal or new mortgage an amount sufficient to pay for
necessary repairs on real estate when repairs are necessary for the
preservation of the property.
B. 1. The district court may, upon verified petition supported
by sufficient evidence showing that the best interest of the
affected owners of the real estate requires it, by order, grant
authority to the guardians of the estates of incapacitated persons
to execute a new mortgage known as a home equity conversion mortgage
or rising debt loan for the purpose of meeting the requirements for
Oklahoma Statutes - Title 58. Probate Procedure
the health and safety of the ward, obtaining necessary services to
meet those requirements, and protecting the rights of the ward so as
to maintain the ward in his or her residence; provided, in no case
shall authority be granted to mortgage or contract for the renewal
or extension of any mortgage for an amount greater than two-thirds
(2/3) of the appraised value of the real property of the ward.
2. The court, in its discretion, may grant authority to include
in a renewal or new mortgage an amount sufficient to pay for
necessary repairs on real estate when repairs are necessary for the
preservation of the property.
R.L.1910, § 6364. Amended by Laws 1913, c. 66, p. 103, § 1; Laws
1915, c. 11, § 1; Laws 1935, p. 7, § 1; Laws 1953, p. 237, § 24;
Laws 1968, c. 154, § 1, operative Jan. 13, 1969; Laws 1998, c. 132,
§ 1, eff. Nov. 1, 1998.
Source: official Oklahoma text · Last verified 2026-08-27
Frequently Asked Questions About Oklahoma § 58-385
What does Oklahoma Statutes § 58-385 cover?
Section 58-385 ("Authority to renew or extend mortgage or execute new") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 58-385?
A common citation format is "Oklahoma Statutes § 58-385" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 58-385 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.