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Tulsa, Oklahoma · Foreclosure

Stopping a Foreclosure in Tulsa: Every Option

The free help comes first because it is free and because it sometimes keeps the house, which nothing we offer can do.

If a foreclosure has started, the useful question is not what foreclosure is. It is what you can actually do about it, which of those things fits your situation, and how long you have to choose.

This page is the options. Every route out, what each one actually does to the debt and to your credit, and who each one suits. The free help comes first because it is free and because it sometimes keeps the house, which nothing we offer can do.

If what you want is the sequence, what happens when and how long each stage takes, that is on the Oklahoma foreclosure timeline and the foreclosure timeline calculator will run it against your own dates.

On foreclosure timelines. Oklahoma foreclosures are usually judicial, and the time a case takes depends on the court's calendar, on whether it is contested and on the terms of your own mortgage. Some provisions, such as a waiver of appraisement, can lengthen it. This is general information and not legal advice. If a case has been filed against you, speak to an attorney and see our page on free foreclosure help.

We buy houses, and most of this page is about routes that do not involve us because several of them are better. We are not attorneys, housing counsellors or your servicer, and nothing here is legal advice. The federal rules and the Oklahoma statute cited are real and quoted accurately, but how they apply to your file depends on facts we have not seen. Speak to a HUD approved counsellor and, if you qualify, to Legal Aid Services of Oklahoma.

Three calls to make before you speak to any buyer, including us

In this order. All three are free and two of them can produce outcomes a sale cannot.

1. Your mortgage servicer, and ask for loss mitigation by name

Not the general line. Ask for the loss mitigation department and say you want to apply. The phrase matters because it starts a process with rules attached, which the next section sets out.

2. A HUD approved housing counsellor

Free, independent of the servicer, and they do this every day. They will tell you which options you plausibly qualify for before you spend weeks on one you do not.

3. Legal Aid Services of Oklahoma, if you qualify

Free legal help for people who meet the income criteria. A foreclosure is a court case in Oklahoma and having somebody look at the petition is worth a great deal.

Our page on free foreclosure help in Oklahoma lists these properly with what to have ready before you ring, and it puts them above our own offer for the same reason this section does.

We buy houses. Everything in the first half of this page is something that does not involve us, and several of those routes keep you in the house. Read them first. We are not attorneys or housing counsellors and nothing here is legal advice.

What the federal rules actually give you

Most people in foreclosure do not know these exist, and they are the difference between having time and not having it.

The 120 day rule

Under Regulation X, at 12 CFR 1024.41(f)(1), a servicer may not make the first notice or filing for foreclosure unless the borrower's mortgage loan obligation is more than 120 days delinquent. There are exceptions, including a due-on-sale violation and joining a superior lienholder's action.

In practice that means roughly four months between the first missed payment and anything being filed. It is not a grace period and interest and fees run throughout, but it is time, and it is time to apply rather than time to wait.

Dual tracking, and the 37 day line

This is the one worth writing down. Under 1024.41(g), where you submit a complete loss mitigation application after foreclosure has commenced but more than 37 days before a sale, the servicer shall not move for foreclosure judgment or order of sale, or conduct a foreclosure sale, unless you are found ineligible and the appeal is exhausted, you reject all the offers, or you fail to perform under an agreement you accepted.

A complete application more than 37 days before sale also triggers an evaluation within 30 days.

Why the word complete does all the work

Incomplete applications do not get these protections. Servicers lose documents, ask for the same thing twice, and let files go stale. The seller who survives this is the one who sends everything, gets written confirmation of what was received, and follows up in writing.

Our article on loss mitigation covers what a complete application contains and the mistakes that cost the most.

Is there a sale date on your file?

Tell us the date and roughly what is owed. We will tell you honestly whether a sale can complete in time, and if it cannot, what else is worth trying.

No obligation, no fee, and no pressure. If listing would net you more we will say so on the call.

Reinstatement: paying the arrears and carrying on

You pay everything past due, plus fees and costs, and the loan returns to normal as though nothing happened.

  • Best when: the hardship is over and you have or can raise a lump sum
  • What it costs: all missed payments, late fees, and the servicer's legal costs, which grow every week the case runs
  • Effect on the house: you keep it
  • The catch: ask for a written reinstatement quote with a good-through date, because the figure moves

Where the money comes from matters less than people think: family, a retirement account, selling a vehicle. What matters is that the amount is fixed, quoted in writing, and paid before the good-through date.

A repayment plan: catching up over months

You keep paying the normal amount plus an extra slice each month until the arrears are cleared.

  • Best when: the hardship is over, income has recovered, but there is no lump sum
  • Typical shape: spread over several months, not years
  • Effect on the house: you keep it
  • The catch: the combined payment has to be affordable. A plan you cannot sustain puts you back here in four months with less time

Be honest with the counsellor about what you can actually pay. Agreeing to a number to get the call over is the commonest way this fails.

Forbearance: pausing or reducing payments

Payments are paused or reduced for an agreed period while a temporary hardship passes.

  • Best when: the hardship is real and temporary. Job loss with a start date coming, illness with a recovery, a deployment
  • Effect on the house: you keep it, for now
  • The catch, and it is a big one: forbearance does not forgive anything. What happens at the end is the whole question, and it varies by loan type

The question to ask before agreeing to forbearance

"What happens on the last day?" The answers range from a lump sum becoming due, to a repayment plan, to the arrears being moved to the end of the loan. Those are radically different outcomes and you need to know which one you are agreeing to, in writing, before it starts.

Our article on reinstatement, modification and forbearance side by side sets out how they differ and how they are frequently combined.

Loan modification: changing the loan itself

The terms change permanently. The rate, the length, sometimes the balance, and the arrears are usually folded back in.

  • Best when: the hardship is permanent but you can afford a lower payment than the current one
  • Effect on the house: you keep it
  • The catch: it is an application with underwriting, it takes time, and it is frequently declined for reasons that are fixable if you know them

Your loan type decides the menu

This is the part general advice gets wrong. A conventional loan, an FHA loan, a VA loan and a USDA loan each have different programmes with different eligibility. A counsellor who knows which you have will not waste your time on a programme you cannot access.

Trial payment plans

Many modifications begin with a trial period. Make every trial payment, on time, in the way they specify. A missed or late trial payment can end the whole thing, and people lose modifications at this stage more often than at the application stage.

How to actually run a loss mitigation application

The mechanics, because this is where it succeeds or fails.

  1. Ask for the package in writing and note the date you asked
  2. Send everything at once. A partial submission is not complete and does not trigger the protections in the rights section above
  3. Get written acknowledgement of what they received and whether it is complete. If they say something is missing, send it and get that acknowledged too
  4. Keep a log. Date, time, who you spoke to, what they said. Servicers have staff turnover and your file is not the only one
  5. Send by a method that proves delivery, and keep copies of everything
  6. Follow up in writing, not only by phone. A phone call that nobody recorded did not happen
  7. If declined, ask why in writing, and ask about the appeal. Declines are sometimes arithmetic errors or a missing document

Watch the 37 day line. A complete application that lands inside 37 days of a scheduled sale does not carry the same protection as one that lands outside it. If a sale date exists, the calendar is the whole problem and today is better than next week.

Short sale: selling for less than the balance

You sell the house, the proceeds fall short of the payoff, and the lender agrees to release the lien anyway.

  • Best when: you owe more than the house is worth and cannot keep it
  • Effect on the house: you lose it, but on your terms and timetable rather than at an auction
  • The catch: it needs the lender's approval, which takes time, and you need a buyer willing to wait for it

The clause that matters more than the price

Whether the lender releases you from the remaining debt or reserves the right to pursue it. Get that in the approval letter, in writing, before closing. A short sale that leaves a deficiency hanging over you has solved half the problem.

On deficiency judgments. Whether a lender can pursue one, and for how much, is fact-specific and depends on the loan, the procedure followed and the timing. Nothing here tells you what will happen in your case. This is general information and not legal advice.

Our article on short sale against deed in lieu compares the two properly.

Deed in lieu: handing the house back

You transfer the property to the lender voluntarily and they cancel the foreclosure.

  • Best when: there is no equity, no buyer, and you want it over
  • Effect on the house: you lose it
  • The catch: lenders frequently refuse where there are junior liens, because they would be taking the property subject to them

As with a short sale, the question that matters is whether the deficiency is released. Ask, and get it in writing.

Bankruptcy and the automatic stay

Filing triggers an automatic stay that halts a foreclosure sale. That is a fact about timing, not a recommendation, and it is a decision for a bankruptcy attorney rather than a cash buyer.

  • What it does immediately: stops the sale
  • What happens next depends entirely on which chapter and on your circumstances, and the lender can ask the court to lift the stay
  • Who should tell you about it: a bankruptcy attorney, on your actual figures

Our articles on selling a house after bankruptcy and the Oklahoma exemptions cover the property side. The filing decision is not ours to advise on and we will not pretend otherwise.

Selling before the sale date

If there is equity and you cannot keep the house, selling is usually better than letting it go to auction, and it does not have to be to a cash buyer.

Listing it

If the house is financeable and the sale date is far enough away, list it. You will net more than any cash offer. The question is only whether the timetable works, and the real timetable sets out what each route takes.

Selling to a cash buyer

Faster and more certain, at a discount. Relevant when the sale date is close, when the house will not pass an inspection, or when a listing has already failed.

What has to happen either way

  • The payoff figure has to be requested from the servicer, and it takes days
  • The sale has to complete and the funds reach the servicer before the sale date, not on it. Build in a week
  • If there are junior liens, each has to be dealt with
  • Tell the servicer a sale is in progress. Some will postpone a sale date for a contract in hand, and none will for one they do not know about

Want to know what is actually left after the payoff?

A written cash offer costs nothing and shows you whether there is equity worth protecting. If listing would net you more we will say so on the same call.

No obligation, no fee, and no pressure. If listing would net you more we will say so on the call.

What you might still owe afterwards, and the clause that protects you

If the property sells for less than the debt, Oklahoma allows the lender to seek the shortfall. Two things about that are worth knowing precisely.

There is a deadline

Under 12 O.S. 686, a motion for a post-judgment deficiency order must be made simultaneously with the motion to confirm the sale, or in any event within ninety days after the date of the sale.

It is not calculated off the auction price

The statute sets the deficiency as the amount owing plus interest, costs and prior liens, "less the market value as determined by the court or the sale price of the property whichever shall be the higher".

Read that again, because it is the most useful sentence on this page for somebody who has already lost the house. Sheriff's sale prices are frequently far below market value. The statute credits you with the higher of the two, so a very low auction price does not automatically become a very large deficiency.

Our article on deficiency judgments in Oklahoma covers the detail.

Surplus funds, which almost nobody claims

The opposite situation, and it happens more than people expect.

If the property sells at auction for more than the debt, costs and any junior liens, the balance belongs to you. It does not arrive automatically. It sits with the court until somebody claims it, and a great deal of it is never claimed.

If a sale has already happened and you walked away assuming there was nothing, it is worth checking. Our article on what a sheriff's sale looks like in Oklahoma covers confirmation and surplus funds.

Be careful who contacts you about this. People who monitor the court records and ring homeowners offering to recover surplus funds for a percentage are a real thing, and the claim is frequently something you can make yourself or with legal aid.

Who to be careful of, in this exact situation

Foreclosure filings are public. That is why the calls and the letters start.

  • Anybody asking for an up-front fee to negotiate with your lender or stop a foreclosure
  • Anybody who tells you to stop talking to your servicer. There is no legitimate reason for that advice
  • Anybody who wants you to sign the deed over and promises you can stay or buy it back later
  • Anybody asking you to make your mortgage payments to them instead of the servicer
  • Anybody promising a guaranteed outcome. Nobody controls what a servicer or a court decides

Our article on foreclosure rescue scams in Oklahoma covers the shapes these take and what to do if you have already signed something.

What to have in front of you before the first call

The call goes better and shorter if these are on the table. Most of them are in a drawer or an email already.

  • Your loan number and the servicer’s name. The servicer is who you pay, and it may not be who you originally borrowed from
  • What kind of loan it is: conventional, FHA, VA or USDA. It decides which programmes exist for you and it is on your closing paperwork
  • Every letter you have received, in date order, including the ones you did not open
  • Whether a petition has been filed, and if so the case number and the date
  • Whether a sale date exists. This is the single most important fact and people frequently do not know
  • Your income now, not what it was. Recent pay stubs, benefit letters, a profit and loss if you are self employed
  • Your monthly outgoings, honestly
  • What caused the hardship, and whether it is over. Servicers ask for this in writing and vagueness slows everything

The question people cannot answer, and should

“What do you actually owe, today, including fees?” Ask for a written payoff figure and a written reinstatement figure. They are different numbers and both move. Almost every decision on this page depends on knowing them.

Four situations that change the answer

The property is a rental

A tenant complicates timing and helps the arithmetic, because there is income. The lease generally survives a sale, and a landlord buyer values what an owner occupier sees as a problem. Our page on selling a rental property covers the sale, and the accidental landlord covers how people end up here.

You inherited the house and the mortgage is behind

Whether you can act at all depends on how title was held and whether probate is required, and the servicer will want to see authority before discussing anything. Our pages on selling an inherited house and the probate timeline cover it. A reverse mortgage after a death runs on its own rules and that is covered separately.

On probate timelines. The periods described here are typical rather than guaranteed. How long an estate takes depends on the county, the court's calendar, whether anybody contests it and how complete the paperwork is. This is general information and not legal advice. Take your own estate to an Oklahoma attorney.

You have already moved out

Two things change. Your insurer may treat the property as vacant, and a standard policy frequently does not cover an empty house, which matters if a pipe freezes while the case runs. Our article on vacant property insurance covers what the clock runs from. Second, mail stops reaching you, and court papers going to an address you no longer occupy is how people miss a sale date.

There are back property taxes as well

A separate process with its own timetable, running in parallel with the mortgage foreclosure. Our page on selling with back taxes covers the sale, and the unpaid property tax timeline covers the county side. Two clocks running at once is worth knowing about before you plan around only one of them.

Choosing between them

Two questions settle most of it.

Question one: can you afford the house going forward?

Not the arrears. The ordinary monthly payment, from now on, on your actual income.

  • Yes, and the hardship is over: reinstatement or a repayment plan
  • Yes, but only at a lower payment: modification
  • Not right now, but soon: forbearance, with the end-of-term question answered in writing first
  • No: the second question

Question two: is there equity?

  • Yes, and time: list it. You keep the difference
  • Yes, but not much time: a cash sale, so the equity reaches you rather than evaporating at an auction
  • No: short sale or deed in lieu, and in both cases get the deficiency release in writing

Our net proceeds calculator will tell you what is actually left after the payoff, and the foreclosure timeline calculator will tell you how much time each route realistically needs.

What each route does to your credit, briefly

Briefly, because precise claims about credit scoring are not something anybody should make about your particular file.

In general terms, the missed payments themselves already affect your credit before any of these routes is chosen. A completed foreclosure is generally treated more severely than a short sale or a deed in lieu, and a modification that you then perform is generally treated better than either.

What is worth knowing is that the difference between the routes is smaller than the difference between acting and not acting. A housing counsellor can tell you more about your own position than a web page can.

Where we come in, and when you should not call us

We buy houses in Tulsa and across Green Country, and this page has spent most of its length on routes that do not involve us because those routes are frequently better.

Do not call us first

Call the servicer, the counsellor and legal aid first. If one of those keeps you in the house, that beats anything we can offer, and we would rather you found out before selling than after.

When we are genuinely useful

  • There is equity, the sale date is close, and a listing cannot complete in time
  • The house will not pass an inspection or an insurer will not write it, so a financed buyer cannot complete at any price
  • You have already tried a modification and been declined, and the arrears keep growing
  • You live out of state and cannot manage a listing, contractors and showings remotely
  • A listing has already failed once and the sale date is now close

What we will tell you on the phone

Whether a sale can realistically complete before your date, including when it cannot. Whether listing would net you more. And if you have not yet spoken to a counsellor, we will say so before talking about a number.

What we will not do

  • Charge you anything, at any stage
  • Ask you to sign a deed at a first visit
  • Tell you to stop speaking to your servicer
  • Take a property under contract knowing the sale date cannot be met

Already been declined for a modification?

Tell us what happened. Declines are sometimes fixable and sometimes final, and knowing which changes what you should do next.

No obligation, no fee, and no pressure. If listing would net you more we will say so on the call.

The short version

  • Three free calls first: the servicer's loss mitigation department, a HUD approved counsellor, and Legal Aid Services of Oklahoma if you qualify
  • Under 12 CFR 1024.41(f)(1) a servicer generally may not make the first foreclosure filing until the loan is more than 120 days delinquent
  • Under 1024.41(g), a COMPLETE application more than 37 days before a sale stops the servicer moving for judgment or conducting the sale while it is evaluated
  • Complete is the word that does the work. Send everything at once and get written confirmation
  • Keeping the house: reinstatement, repayment plan, forbearance, modification. Which one depends on whether the hardship is over and what you can afford going forward
  • Not keeping it: sell, short sale, or deed in lieu. With the last two, get the deficiency release in writing
  • Under 12 O.S. 686 a deficiency motion must come within ninety days of the sale, and the deficiency is calculated using the HIGHER of court-determined market value or the sale price
  • If a sale has already happened, check for surplus funds. Most are never claimed
  • If there is equity and any time at all, selling beats an auction

Common questions

What should I do first if I am facing foreclosure in Tulsa?

Three free calls, in order: your servicer's loss mitigation department, a HUD approved housing counsellor, and Legal Aid Services of Oklahoma if you meet the income criteria. All three cost nothing and two of them can produce outcomes a sale cannot.

How long before a servicer can start foreclosure?

Under 12 CFR 1024.41(f)(1) a servicer generally may not make the first notice or filing unless the mortgage loan obligation is more than 120 days delinquent, with exceptions including a due-on-sale violation or joining a superior lienholder's action.

What is dual tracking and how does it protect me?

Under 12 CFR 1024.41(g), if you submit a complete loss mitigation application more than 37 days before a foreclosure sale, the servicer must not move for foreclosure judgment or order of sale, or conduct the sale, while it is evaluated, unless you are ineligible, reject all offers, or fail to perform.

Why does the word complete matter so much?

Because the protections attach to a complete application. A partial submission does not trigger them. Send everything at once, get written confirmation of what was received, and follow up in writing.

What is the 37 day line?

A complete application submitted more than 37 days before a scheduled sale triggers the protections and an evaluation within 30 days. One that lands inside 37 days does not carry the same protection, which is why today beats next week.

What is reinstatement?

Paying everything past due plus fees and costs so the loan returns to normal. It suits somebody whose hardship is over and who can raise a lump sum. Ask for a written quote with a good-through date, because the figure moves.

What is a repayment plan?

You keep paying the normal amount plus an extra slice each month until the arrears clear. It suits somebody whose income has recovered but who has no lump sum. The combined payment has to be genuinely affordable.

What should I ask before agreeing to forbearance?

What happens on the last day. The answers range from a lump sum falling due, to a repayment plan, to the arrears moving to the end of the loan. Those are very different outcomes and you need it in writing before it starts.

What is a loan modification?

A permanent change to the loan terms, usually folding the arrears back in. It suits a permanent hardship where a lower payment is affordable. Your loan type decides which programmes you can access.

Why do people lose modifications at the trial stage?

Because a trial payment plan has to be performed exactly: every payment, on time, in the way specified. A missed or late trial payment can end the whole arrangement.

What is a short sale?

Selling for less than the balance with the lender agreeing to release the lien anyway. The clause that matters more than the price is whether the lender releases you from the remaining debt. Get it in the approval letter.

What is a deed in lieu?

Handing the property back voluntarily so the lender cancels the foreclosure. Lenders frequently refuse where there are junior liens, because they would take the property subject to them.

Does bankruptcy stop a foreclosure sale?

Filing triggers an automatic stay that halts a sale. What happens next depends on the chapter and your circumstances, and the lender can ask the court to lift the stay. That is a decision for a bankruptcy attorney, not a cash buyer.

Can I sell the house before the sale date?

Yes, and if there is equity it is usually far better than letting it go to auction. The sale has to complete and the funds reach the servicer before the date, not on it, so build in a week.

Will the servicer postpone a sale if I have a buyer?

Some will for a contract in hand, and none will for one they do not know about. Tell them a sale is in progress and put it in writing.

Can the lender come after me for the shortfall in Oklahoma?

It can seek a post-judgment deficiency order, but under 12 O.S. 686 the motion must be made with the motion to confirm the sale or in any event within ninety days after the date of the sale.

Is the deficiency based on the auction price?

No, and this is the most useful thing on this page. Under 12 O.S. 686 the deficiency is calculated less the market value as determined by the court or the sale price, whichever is higher. A very low auction price does not automatically become a very large deficiency.

What are surplus funds?

If the property sells for more than the debt, costs and junior liens, the balance belongs to you. It sits with the court until claimed and a great deal of it is never claimed.

Somebody rang offering to recover my surplus funds. Should I use them?

Be careful. Foreclosure records are public and people monitor them. The claim is frequently something you can make yourself or with legal aid rather than for a percentage.

Who should I avoid while in foreclosure?

Anybody asking for an up-front fee, anybody telling you to stop speaking to your servicer, anybody wanting you to sign the deed over with a promise you can stay, and anybody guaranteeing an outcome.

What should I have ready before the first call?

Loan number and servicer, what kind of loan it is, every letter in date order, whether a petition has been filed, whether a sale date exists, your current income and outgoings, and what caused the hardship. Also ask for a written payoff figure and a written reinstatement figure; they are different numbers.

Does it change anything if the house is rented out?

It complicates timing and helps the arithmetic, because there is income. The lease generally survives a sale and a landlord buyer values the tenancy that an owner occupier would see as a problem.

What if I inherited the house and the mortgage is behind?

Whether you can act depends on how title was held and whether probate is required, and the servicer will want to see authority before discussing anything. A reverse mortgage after a death runs on its own rules.

I have already moved out. Does that matter?

Two ways. Your insurer may treat the property as vacant and a standard policy frequently does not cover an empty house. And court papers going to an address you no longer occupy is how people miss a sale date.

What if I owe back property taxes as well?

That is a separate process with its own timetable running in parallel. Two clocks at once is worth knowing about before you plan around only one of them.

How do I decide between all of these?

Two questions. Can you afford the ordinary payment going forward, and is there equity. The first chooses between reinstatement, a plan, forbearance and modification. The second chooses between listing, a cash sale, a short sale and a deed in lieu.

What does each route do to my credit?

In general terms the missed payments already affect it before you choose. A completed foreclosure is generally treated more severely than a short sale or deed in lieu. The difference between the routes is smaller than the difference between acting and not acting.

Should I call you first?

No. Call the servicer, a counsellor and legal aid first. If one of them keeps you in the house that beats anything we can offer, and we would rather you found out before selling.

When is selling to you actually the right answer?

When there is equity and the sale date is too close to list, when the house cannot be financed or insured, when a modification has already been declined, or when you are out of state and cannot manage a listing.

Do you charge anything?

No. No fee at any stage, no commission and no closing costs charged to you. Anybody asking for an up-front fee to stop a foreclosure is the thing this page warns about.

How quickly can you close if there is a sale date?

Commonly two to four weeks, set by the title work. If your date cannot be met we will tell you that rather than take the property under contract and find out later.

Find out what your house is worth in cash

One short conversation, a written offer within 24 hours, and no pressure to take it. If listing is genuinely the better route for your property, we will tell you that instead.

Want a real number for your house?

Tell us the address and the rough condition. We will look at what genuinely comparable properties nearby have sold for and put a figure in writing.

  • A written offer within 24 hours, not a range on the phone
  • No repairs, no cleaning, no fees, and no showings
  • If listing would net you more, we say so
Prefer to talk it through first? 918-200-9185

No fees, no obligation, and your property is never listed publicly.

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