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…
*NOT LEGAL ADVICE* This is a must for anyone who wants to understand in simple form what has occurred with most Mortgage Loans and the meaning of bifuraction. Many just do not understand and I hope this comes as a great education tool for many. This is for educational purposes only and not intended to legal advice.
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