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Mortgagee's Deed

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Mortgagee's Deed
(Mortgage Foreclosure by Power of Sale)

This Indenture is made this day of , 20 by and between the following parties:

"Mortgagee":
(whether one or more)

whose address is:

"Purchaser":
(whether one or more)

whose address is:

Recitals

1. In accordance with the terms and provisions of the mortgage (whether one or more) described in Exhibit "A" on the reverse side hereof and incorporated herein by reference (the "Mortgage"), in which a power of sale was granted pursuant to the Oklahoma Power of Sale Mortgage Foreclosure Act (the "Act"), the Mortgagee has exercised the power of sale provided thereby, consistent with the provisions of the Act, with respect to the property described in Exhibit "B" on the reverse side hereof and incorporated herein by reference (the "Property"), upon a default and/or breach as defined in the Act.

2. This Deed is executed by the Mortgagee, the present holder of the Mortgage, exercising the power of sale after a breach and/or default and a sale under the Act. The breach or default was not cured nor the Mortgage reinstated.

3. The Mortgagee has given all requisite notices as provided by law and has in all respects complied with the requirements of the Act. All holders of record of an interest in the Property (or any part thereof), as Property (or any part thereof), and the documents evidencing their interests, liens, or claims, are described in Exhibit "C" on the reverse side hereof.

4. On the date and at the time and place designated in such notice of sale, the Mortgagee sold the Property to the Purchaser, the Purchaser being the highest bidder therefor.

NOW, THEREFORE, in consideration of the highest bid in the sum of DOLLARS, duly paid, the receipt and sufficiency of which is acknowledged, the Mortgagee does hereby grant, bargain, sell, transfer and convey unto the Purchaser, and the heirs, successors and assigns of the Purchaser, the Property.

TO HAVE AND TO HOLD the same, together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining, forever, without warranty of title thereto.

IN WITNESS WHEREOF the Mortgagee has executed this Mortgagee's Deed at , State of the date first above written.

'Mortgagee' (if corporation);

Secretary

(Seal)

Attest:

Acknowledgment

State of

County of

This instrument was acknowledged before me on the day of , 20 by
(if applicable) as of

Notary Public

(Seal)

My Commission Expires

AOC Form 45; Revised 8/05

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What a Mortgagee's Deed Is and when it appears

A Mortgagee's Deed is the legal instrument the mortgagee (lender) or a purchaser at a foreclosure sale uses to transfer title following enforcement of a mortgage. It documents conveyance of the mortgaged property after a foreclosure sale or deed-in-lieu transfer, identifies parties, states consideration, and includes a legal property description. The Mortgagee's Deed differs from a typical warranty deed because it usually conveys title without general covenants against prior defects; the deed’s language and required acknowledgments vary by state and local recording practice.

Why the Mortgagee's Deed matters for clear title

The Mortgagee's Deed creates or transfers record title after a foreclosure or sale by the mortgagee, enabling recording, marketable title, and subsequent resale or reconveyance. Proper drafting and acknowledgement reduce post-sale disputes and speed title insurance issuance.

Why the Mortgagee's Deed matters for clear title

Who prepares and who receives a Mortgagee's Deed

Roles may overlap: a servicer may execute on the mortgagee's behalf, and local practice dictates recording steps.

  • Lender/Servicer — prepares deed and authorizes transfer following foreclosure or deed-in-lieu of foreclosure.
  • Purchaser at Sale — accepts deed conveying whatever title interest the mortgagee held and records it.
  • Title Company — examines, insures, and clears record title issues for future conveyances.

Primary signers and stakeholders

Mortgagee — Loan Servicer

The mortgagee or its authorized agent signs to convey the property interest it acquired through foreclosure. The signer must have corporate authority or trustee power and be prepared to show chain-of-title and sale authorization at recording.

Purchaser — Foreclosure Buyer

The purchaser at a foreclosure sale accepts conveyance subject to the mortgagee's deed terms; the purchaser typically records the deed and obtains title insurance after resolving recorded liens or junior claims.

Essential components to include in a professional Mortgagee's Deed

A complete Mortgagee's Deed should be concise and include standard elements so county recorders, title examiners, and future buyers can verify the conveyance and record clear title without delay.

Grantor

Identify the mortgagee or authorized entity conveying title, including corporate form and state of incorporation for clarity and authority verification in title searches.

Grantee

Name the purchaser or transferee precisely, including legal entity type and mailing address for recording and subsequent tax or notice purposes.

Legal Description

Provide the full metes-and-bounds or recorded lot/block description exactly as in the mortgage and prior deeds to avoid ambiguity at the recorder's office.

Consideration

State consideration paid (often nominal or sale price) or note 'for value received' consistent with local recording practices and tax stamp/computation requirements.

Execution

Include signature block, printed name, and capacity of signatory (e.g., 'Mortgagee by its attorney-in-fact') and the date of execution.

Acknowledgment

Attach a notary acknowledgement or jurat compliant with state law, and include witness statements if the state or county requires witnesses for deeds.

Key data fields required on the deed

Grantor name: Full legal name
Grantee name: Full legal name
Property address: Street, city, ZIP
Legal description: Recorded description
Execution date: MM/DD/YYYY
Notary block: State-compliant wording

Filling out a Mortgagee's Deed: step-by-step

Follow these steps in order to draft, validate, and record a Mortgagee's Deed with minimal delay.

  • 01
    Draft deed: Populate grantor, grantee, legal description, and consideration fields.
  • 02
    Confirm authority: Verify mortgagee corporate resolution or trustee authority to convey title.
  • 03
    Notarize: Have authorized signer execute before a notary per state rules.
  • 04
    Record: Submit to county recorder with required fees and proof of identity if requested.

How to set up an online Mortgagee's Deed workflow

Configure the e-signature workflow to mirror legal execution and recording steps while preserving an audit trail.

Field Configuration
Authentication level Email link plus SMS or KBA when required
Signature placement Lock signature blocks for grantor and notary
Template naming Include property ID and county in template name
Bulk send schedule Use bulk send for mass foreclosure conveyances

Signing and filing platform requirements

Preserve a notarized original for recording if the county requires wet-ink or a physical notary acknowledgment; retain electronic copies per retention policy.

  • Authentication: Email plus SMS code
  • Audit trail: IP, timestamp, action log
  • Formats: PDF/A export supported

Typical online workflow for eSigning and recording

An electronic workflow mirrors the physical process: prepare, sign, notarize (where allowed), then deliver to the recorder or county clerk.

  • Prepare document: Upload deed and place required fields.
  • Assign signers: Add mortgagee signatory and notary signer roles.
  • Authenticate: Apply chosen signer verification method.
  • Download: Export signed PDF with certificate for recording.

Timelines and expected processing steps

Understand recording priorities and state redemption windows to avoid title and liability issues after a foreclosure conveyance.

Record promptly:

Record the deed immediately after execution to preserve priority and notice.

Redemption period:

State statutes may permit redemption for days to months after sale.

Tax reporting:

Report conveyance on required local tax forms per county rules.

Title clearance:

Allow time for title company review and lien resolution before resale.

Document retention:

Retain originals per regulatory retention timelines.

eSignature vendor pricing and capability snapshot for Mortgagee's Deed workflows

Comparison shows typical starting prices and core capabilities useful when choosing an eSignature provider for Mortgagee's Deed preparation and execution.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (Business Premium) Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Common mistakes to avoid when preparing a Mortgagee's Deed

  • Using an informal address instead of the recorded legal description leads to recording rejection and title ambiguity.
  • Failing to confirm the signer's corporate authority causes post-recording challenges and may require corrective affidavits.
  • Omitting state-specific witness or notary wording results in recorder refusal or future clouded title.
  • Not including sale documentation or affidavits of foreclosure can delay title insurance and resale closing.

Risks and penalties from incorrect or late deeds

Recorder rejection: Delays recording
Title exceptions: Insurance may be denied
Buyer liability: Post-sale claims possible
Tax penalties: Local tax fines apply
Legal costs: Litigation and cure costs
Loss of priority: Unrecorded deeds risk lien priority

Practical tips for accurate and efficient deed completion

Adopt standardized templates, verified authority documents, and an auditable e-signing process to reduce rework and recording delays.

Verify authority and documentation
Always confirm corporate resolutions, trustee powers, or foreclosure sale authorization in writing before preparing the deed to prevent post-recording disputes.
Use the recorded legal description
Copy the exact legal description from prior recorded instruments rather than relying on street addresses to ensure the county recorder accepts the deed.
Preserve notarization standards
Follow state-specific notary language and witness requirements; where RON is permitted, retain required audio-video records and notary journals.
Maintain a complete audit trail
Keep execution logs, signing IP addresses, and certificate-of-completion exports in a secure repository to support title examinations and audits.

Frequently asked questions about Mortgagee's Deeds

Answers to common questions about execution, recording, notarization, and electronic workflows for Mortgagee's Deeds.


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