RCB Bank v. Villas Development, L.L.C.
Court of Civil Appeals of Oklahoma
1Opinion of the Court
KENNETH L. BUETTNER, Judge.
T1 Plaintiff/Appellant RCB Bank and Plaintiff/Appeliee Bank of Commerce (BOC) each filed foreclosure actions involving the same property, which were consolidated in the trial court. 1 Although the District Court action involved several lienholders, the issue on appeal is only the priority between mortgages held by the two banks. The trial court found BOC's mortgage had priority; RCB appeals that decision. BOC's mortgage, which was executed and recorded four years before RCB's, has priority over RCB's mortgages. BOC's mortgage included a future advances clause and it…
2Cases cited10 opinions
- Brown v. Alliance Real Estate GroupSupreme Court of Oklahoma · 1999
- Vance v. Federal National Mortgage Ass'nSupreme Court of Oklahoma · 1999
- First National Bank in Dallas, a National Banking Association, and Cross-Appellee v. F. McQueen Rozelle, and Cross-AppellantCourt of Appeals for the First Circuit · 1974
- Decorah State Bank v. ZidlickySupreme Court of Iowa · 1988
- High v. StateSupreme Court of Georgia · 2007
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3Cited by1 opinion
- Michael Lee Walters and Charlotte LeeAnn WaltersUnited States Bankruptcy Court, W.D. Oklahoma · 2023