Cherokee County Mortgage and Promissory Note Form (Oklahoma)
All Cherokee County specific forms and documents listed below are included in your immediate download package:
Mortgage Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Cherokee County compliant document last validated/updated 2/13/2024
Mortgage Guidelines
Line by line guide explaining every blank on the form.
Included Cherokee County compliant document last validated/updated 10/17/2024
Completed Example of the Mortgage Document
Example of a properly completed form for reference.
Included Cherokee County compliant document last validated/updated 8/6/2024
Promissory Note Form
Note that is secured by the Mortgage. Can be used for traditional installments or balloon payment.
Included Cherokee County compliant document last validated/updated 10/25/2024
Promissory Note Guidelines
Line by line guide explaining every blank on the form.
Included Cherokee County compliant document last validated/updated 10/23/2024
Completed Example of the Promissory Note Document
Example of a properly completed form for reference.
Included Cherokee County compliant document last validated/updated 8/15/2024
Mortgage Affidavit Form
Mortgage Tax Affidavit
Included Cherokee County compliant document last validated/updated 9/27/2024
Mortgage Affidavit Information
Information explaining exemptions, how and where to pay mortgage tax.
Included Cherokee County compliant document last validated/updated 9/10/2024
Annual Accounting Statement Form
Mail to borrower for fiscal year reporting.
Included Cherokee County compliant document last validated/updated 4/25/2024
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:
Cherokee County Clerk
213 W Delaware St, Rm 200, Tahlequah, Oklahoma 74464
Hours: 8:00am to 4:30pm Monday through Friday
Phone: (918) 456-3171
Local jurisdictions located in Cherokee County include:
- Cookson
- Hulbert
- Moodys
- Park Hill
- Peggs
- Tahlequah
- Welling
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Cherokee County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Cherokee County using our eRecording service.
Are these forms guaranteed to be recordable in Cherokee County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Cherokee County including margin requirements, content requirements, font and font size requirements.
Can the Mortgage and Promissory Note forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Cherokee County that you need to transfer you would only need to order our forms once for all of your properties in Cherokee County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Oklahoma or Cherokee County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Cherokee County Mortgage and Promissory Note forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
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.
Our Promise
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.
Save Time and Money
Get your Cherokee County Mortgage and Promissory Note form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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