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FinancingState_specific_lendingHARD

Robert owns a home in Lawton, Oklahoma as his primary residence and has significant credit card debt. His creditors have obtained a judgment against him and are attempting to force the sale of his home to satisfy the judgment. Robert's home sits on a 0.75-acre lot within city limits. Which statement best describes Robert's protection under Oklahoma law?

Correct Answer

B) Robert's home is fully protected from forced sale by general creditors because it qualifies as an urban homestead under Oklahoma's constitutional homestead exemption.

Oklahoma's Constitution (Article XII) provides a homestead exemption that protects a family's primary residence from forced sale by general creditors. For urban properties (within a city or town), the homestead exemption covers up to one acre. Robert's 0.75-acre lot is within the one-acre urban limit, so his entire property qualifies for the constitutional homestead protection and cannot be forced into sale by general judgment creditors.

Answer Options
A
Robert has no protection because Oklahoma's homestead exemption only applies to rural properties over 10 acres.
B
Robert's home is fully protected from forced sale by general creditors because it qualifies as an urban homestead under Oklahoma's constitutional homestead exemption.
C
Robert's home is partially protected, but creditors may force the sale of the portion of the lot exceeding 0.5 acres.
D
Robert's home is protected up to $150,000 in equity, and any equity above that amount may be seized by creditors.

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Related Topics & Key Terms

Key Terms:

homestead_exemptioncreditor_protectionurban_homesteadoklahoma_constitutionoklahoma_specific

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