Legal Opinion

Ocwen Loan Servicing LLC v. Summit Bank, N.A. (In Re Francis)

Court of Appeals for the Eighth Circuit

Decided April 25, 2014No. 13-1615Published

1Opinion of the Court

LOKEN, Circuit Judge.

GMAC Mortgage Corporation, the predecessor in interest of appellant Ocwen Loan Servicing LLC, refinanced a first mortgage loan on a home and surrounding twenty two acres of land owned by Ray and Rhonda Francis. In preparing a mortgage securing GMAC’s loan, its agents described an adjacent eleven acres as the mortgaged property and filed the flawed mortgage in the recorder’s office. See Ark.Code Ann. § 18-40-102. Ray Francis brought this error to GMAC’s attention, but GMAC failed to correct it. Some months later, appellees Summit Bank, N.A., and Southern State Bank (later…

2Cases cited9 opinions

  1. Stern v. MarshallSupreme Court of the United States · 2011
  2. Killam v. Texas Oil & Gas Corp.Supreme Court of Arkansas · 1990
  3. St. Paul Fire & Marine Insurance v. Murray Guard, Inc.Supreme Court of Arkansas · 2001
  4. Wooster v. CavenderSupreme Court of Arkansas · 1891
  5. Newberry v. ScruggsSupreme Court of Arkansas · 1999

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