Legal Opinion

Massey v. BAYVIEW LOAN SERVICING, LLC

Court of Civil Appeals of Oklahoma

Decided April 4, 2011No. 108,185. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2Published

1Opinion of the Court

JOHN F. FISCHER, Vice Chief Judge.

T1 Plaintiffs Maurice and Margaret Massey appeal the grant of summary judgment to Defendants Bayview Loan Servicing, LLC, and Interbay Funding and the denial of their cross-motion for summary judgment. Because we find the Lockout Fee and Prepayment Consideration provisions of the promissory note executed by the Masseys are unenforceable, we reverse the judgment granted in favor of Defendants Bayview and Interbay and remand this case to the district court with directions to grant the Masseys' cross-motion for summary judgment in that respect.

BACKGROUND

12 The…

2Cases cited12 opinions

  1. Gladstone v. Bartlesville Independent School District No. 30Supreme Court of Oklahoma · 2003
  2. Bivins v. State Ex Rel. Oklahoma Memorial HospitalSupreme Court of Oklahoma · 1996
  3. Florafax International Inc. v. GTE Market Resources, Inc.Supreme Court of Oklahoma · 1997
  4. In Re Skyler RidgeUnited States Bankruptcy Court, C.D. California · 1987
  5. Sun Ridge Investors, Ltd. v. ParkerSupreme Court of Oklahoma · 1998

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