Via: Brian Davies
IN THE COURT OF CIVIL APPEALS OF THE STATE OF OKLAHOMA. DIVISION I.
BAC HOME LOANS SERVICING, L.P.
f/k/a COUNTRYWIDE HOME LOANS
v.
RONALD R. WHITE and TERI L. WHITE
Excerpt:
Therefore, in Oklahoma it is not possible to bifurcate the security interest from the note. An assignment of the mortgage to one other than the holder of the note is no effect.
[…]
The record on summary judgment in the present case contains conflicting evidence as to the ownership of the note. The note, in which the White’s ppromised to pay a sum certain to the order of Lender, is a negotiable instrument pursuant to 12A O.S.2001 30104(a).
[…]
The note in the record appears to be indorsed to Countrywide Document Custody Services, a division of Treasury Ban, NA; we are unable to determine from the record submitted to us that the instrument was later indoresed in blank and transferred to BAC.
Continue below to read the research this judge has done…
[ipaper docId=45098591 access_key=key-sns1tix39e3g6jp3lx3 height=600 width=600 /]
Read more on Bifurcation from James McGuire and Alvie Campbell below
“OREO COOKIE”: How They Bifuricated Our Mortgage Loan 101
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I believe that any bank that illegally attempts to foreclose or have foreclosed on somebody(s) property and is found to be unjustified in their actions, should be penalized by having the property’s mortgage obligations escused! Perhaps this action will insure that when banks attempt to foreclose that it is done properly and correctly. If banks rather foreclose than offer a loan modifaction due to some sort of insurance profit, then that profit margin needs to be changed!
Hi, Ron White here. Well I did well in appealing my case to the Oklahoma Supreme Court (Pro-Se) and as a complete shock the court overturned the lower courts ruling. However, two weeks before receiving notice of the ruling and days before being forced into a sheriff sale, I sold my house in a short sale. Now I have a win in the courts but no house and no idea of how to proceed from here. Note even sure if there is any where to proceed to. I’ve been forced out of my house by the servicer who the courts now agree didn’t even have a right to foreclose and Countrywide / BOA still got the money for a house they didn’t own. Any advice or law firm who feels they can help would be appriciated. ronwhite444@yahoo.com
I am looking for legal representation at this time.
“Where do we go from here now that all of our property was taken away and how do we spend our years, knowing that nobody gives us a damn?”
I guess this is what comes out when you can no longer find peace in sleep.
I hate to say it Ron, but I don’t think there is anything that you can do. You went and sold at a short sale that you agreed to.
Naaman, I believe you are correct. Sad thing is, if they had taken my house in a sheriff sale I would be covered under 12 O.S. 12774 but being forced to sell to protect my credit ultimately hurts me. Of course I agreed to the short sale but I would never have even considered selling my house had they not wrongfully foreclosed. Worst of all they caused the foreclosure by not properly applying payments. They do the wrong thing and prosper and I do the right thing and suffer the loss. Imagine that!
Can anyone tell me why Oklahoma law O.S. 12§12774 would not apply to me since my selling my house via short sale verses it being taken and sold at a sheriff sale? I sold it only because the district court granted foreclosure via summary judgment. Why would I not be protected by this statute as well?
http://law.justia.com/oklahoma/codes/2006/os12.html
since all we learned as a child to be honest,hardworking , do the right thing no, longer works in this decade, as whole neighborhoods sit empty , what do you think is the next step would be? since our crys fall on deaf ears and our children sleeping in the woods are treated as garbage? what do you suggest the next step be when our congress and state has been paid offby the banking system?