Oklahoma Statutes
§ 46-5 — Mortgage follows property passing by succession or will.
Oklahoma § 46-5
JurisdictionOklahoma
Title 46Mortgages
This text of Oklahoma § 46-5 (Mortgage follows property passing by succession or will.) is published on Counsel Stack Legal Research, covering Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Okla. Stat. tit. 46, § 46-5 (2026).
Text
When real property, subject to a mortgage, passes by succession or will, the successor or devisee must satisfy the mortgage out of his own property, without resorting to the executor or administrator of the mortgagor, unless there is an express direction in the will of the mortgagor that the mortgage shall be otherwise paid.
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Legislative History
R.L. 1910, § 4017.
Nearby Sections
15
§ 46-11
Defeasance must be recorded.§ 46-14
Release by attorney.§ 46-16
How released.§ 46-19
Definitions.§ 46-201
Citation.Cite This Page — Counsel Stack
Bluebook (online)
Oklahoma § 46-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/ok/46/46-5.