Cherokee County Mortgage and Promissory Note Form (Oklahoma)

The following Oklahoma and Cherokee County supplemental forms are included as a courtesy with your order:

When using these Mortgage and Promissory Note forms, the subject real estate must be physically located in Cherokee County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Cherokee County include:

• Cookson
• Hulbert
• Moodys
• Park Hill
• Peggs
• Tahlequah
• Welling

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.

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The documents you receive here will meet, or exceed, the Cherokee County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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