by Brian Huddleston | Sep 7, 2012 | Legislation & Case Notes, Real Estate Law
Oklahoma residents seeking restitution under the mortgage settlement reached between the state?s attorney general and the nation?s five largest mortgage servicers must apply for benefits by September 13, 2012. The agreement between Attorney General Scott Pruitt and...
by Brian Huddleston | Aug 29, 2012 | Legislation & Case Notes
The answer to the above question depends on what rights the grandparents are seeking and the status of the parents of the minor children.? Depending on the circumstances, in Oklahoma grandparents may be granted visitation with their grandchildren, they may serve as...
by Brian Huddleston | Jun 19, 2012 | Uncategorized
The majority of 1031 exchange transactions are structured as forward 1031 exchanges (also referred to as regular or delayed 1031 exchanges). The real estate investor sells his or her relinquished properties first and then subsequently buys one or more replacement...
by Brian Huddleston | May 11, 2012 | Uncategorized
Short sales, where owners sell their houses for less than they owe, can offer underwater borrowers an alternative to foreclosure. Equally important, they can give financially troubled homeowners a fresh start. Critics say that selling a home for less that it is worth...
by Brian Huddleston | Mar 14, 2012 | Uncategorized
Good people sometimes need a second chance. Most foreclosures are a result of an unexpected life event, such as: Death in the Family Difficult and costly Divorce Lost Job or had to Change Jobs Health problems with Expensive Medical Bills And never before has the...
by Brian Huddleston | Mar 12, 2012 | Uncategorized
To set the stage, we?ll begin with the numbers: Five (5) servicers are subject to the settlement agreement – Ally Financial, Bank of America, Citigroup, JPMorgan Chase, and Wells Fargo Amount the servicers are bound to pay Oklahoma in cash and in kind?in...
by Brian Huddleston | Mar 8, 2012 | Uncategorized
“?21 In the present case, Appellee claims they are the holder of the note and mortgage. The note found in the record contains no indorsements. Appellants state, in their Reply Brief, that an alleged original “blue ink” copy of the note was with...
by Brian Huddleston | Mar 8, 2012 | Uncategorized
“?8 In the present case, Appellee has only presented evidence of an indorsed-in-blank note and an “Assignment of Mortgage.” Appellee must prove that it is the holder of the note or the nonholder in possession who has the rights of a holder?prior?to...
by Brian Huddleston | Mar 8, 2012 | Uncategorized
States the usual recent stuff: “?8 To commence a foreclosure action in Oklahoma, a plaintiff must demonstrate it has a right to enforce the Note and, absent a showing of ownership, the plaintiff lacks standing.?Gill v. First Nat. Bank & Trust Co. of Oklahoma...
by Brian Huddleston | Feb 29, 2012 | Uncategorized
Appellee must show it became a “person entitled to enforce”?prior?to the filing of the foreclosure proceeding. There is a question of fact as to when and if this occurred, and thus summary judgment is not appropriate. Therefore, we reverse the granting of...
