Bank of Oklahoma, N.A. v. Red Arrow Marina Sales & Service, Inc.
Supreme Court of Oklahoma
1Opinion of the CourtOpala, J.
T1 Certiorari was granted to settle the first-impression question whether a creditor who does not impose liability on a mortgage debtor for the deficiency that remains after a foreclosure sale may maintain a suit against the debtor and other parties for fraud in the inducement of the loan that is secured by mortgage. In short, we are asked to decide whether the mortgage debt's satisfaction under Oklahoma's anti-deficiency statute 2 closes for a defrauded lender all other legal avenues of recovery. We hold that it does not.
12 The statute's protection extends only to mortgage debtors. But even…
2Cases cited52 opinions
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Carmichael v. BellerSupreme Court of Oklahoma · 1996
- Alliance Mortgage Co. v. RothwellCalifornia Supreme Court · 1995
- Kluver v. Weatherford Hospital AuthoritySupreme Court of Oklahoma · 1993
- Neil Acquisition, L.L.C. v. Wingrod Investment Corp.Supreme Court of Oklahoma · 1996
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3Cited by35 opinions
- JPMorgan Chase Bank v. Specialty Restaurants, Inc.Supreme Court of Oklahoma · 2010
- Fields v. SaundersSupreme Court of Oklahoma · 2012
- IN THE MATTER OF K.S.Supreme Court of Oklahoma · 2017
- Western-Southern Life Asuc Co. v. George KalehCourt of Appeals for the Fifth Circuit · 2018
- Eureka Water Co. v. Nestle Waters North America, Inc.Court of Appeals for the Tenth Circuit · 2012
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