Title Examination Standards
Chapter 1, App.
Chapter 23. Judgment Liens, Execution and Attachment
§23.7. Return of Writs of Special Execution.

1. A. The 60 day time limit for a return of execution imposed by 12 O.S. § 802 does not apply to special executions.

2. B. The failure of the Sheriff to return a writ of special execution on or before a return date set by the court is an irregularity which is cured by confirmation of the sale by the court.

   Authority: 12 O.S. § 732; Price v. Citizens' State Bank of Mediapolis, 23 Okla. 723, 102 P. 800 (1909).

History: This standard was recommended by the 1990 Report of the Title Examination Standards Committee, 61 O.B.J. 2842, 2870-77 (1990), to address the applicability of 12 O.S. § 732 to writs of special execution. The Committee's recommendation was approved by the Real Property Section, November 15, 1990, and adopted by the House of Delegates, November 16, 1990, 61 O.B.J. 3058, 3064.