Legal Opinion
ONEWEST BANK, F.S.B. v. JACOBS
Court of Civil Appeals of Oklahoma
Decided July 25, 2014No. 112308PublishedCited by 2 opinions
1Opinion of the Court
BRIAN JACK GOREE, Judge.
{1 Defendant/Appellant, Marion M. Jacobs, 1 seeks review of the trial court's order granting summary judgment in favor of Plaintiff/Appellee, OneWest Bank (OWB). Jacobs contends OWB lacks standing to bring this action. We hold that OWB submitted uncontroverted evidence that its predecessor plaintiff was a nonholder in possession of the instrument who had the rights of a holder, and therefore had standing to enforce the note at the time it commenced this action. As the successor in interest and the substituted plaintiff, OWB likewise has standing to enforce the note.
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2Cases cited5 opinions
- Deutsche Bank National Trust v. BrumbaughSupreme Court of Oklahoma · 2012
- CPT Asset Backed Certificates, Series 2004-EC1 v. Cin KhamSupreme Court of Oklahoma · 2012
- Bank of America, NA v. KabbaSupreme Court of Oklahoma · 2012
- Massongill v. McDevittCourt of Civil Appeals of Oklahoma · 1989
- U.S. Bank National Ass'n v. BaberSupreme Court of Oklahoma · 2012
3Cited by2 opinions
- Deutsche Bank National Trust Co. v. MarcianoDistrict Court of Appeal of Florida · 2016
- ONEWEST BANK, F.S.B. v. JACOBSCourt of Civil Appeals of Oklahoma · 2014