United Oklahoma Bank v. Moss

OPALA, Vice Chief Justice.

The husband-debtor’s ex-wife tenders two issues for our decision in this appeal: (1) Does the husband’s mortgage of non-homestead property they owned together, given without the wife’s knowledge or consent, have priority over the lien impressed in her favor by the divorce decree? and (2) Did the foreclosure sale comply with Oklahoma law? We answer the first question in the affirmative insofar as it applies to the husband’s prior (pre-mortgage) interest in the property and in the negative insofar as it affects the wife’s prior (pre-divorce) interest in the premises.…