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U.S. BANK, NAT. ASS'N v. MOORE

No. 109,763.

278 P.3d 596 (2012)

2012 OK 32

U.S. BANK, NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee on behalf of GSAA Home Equity Trust 2006-6, Plaintiff/Appellee, v. David F. MOORE, a/k/a David F. Moore and Barbara Moore a/k/a Barbara K. Moore, Defendants/Appellants.

Supreme Court of Oklahoma.

Rehearing Denied May 24, 2012.

Attorney(s) appearing for the Case

Gary L. Blevins , Gary L. Blevins & Associates, PC, Oklahoma City, Oklahoma, for Defendants/Appellants.

Bryan Miles Harrington and A. Grant Schwabe , Kivell, Rayment and Francis, PC, Tulsa, Oklahoma, for Plaintiff/Appellee.

COMBS, J.

FACTUAL AND PROCEDURAL HISTORY

¶ 1 On October 21, 2005, David F. Moore and Barbara Moore, husband and wife (hereinafter "Appellants"), executed a Note and Mortgage in favor of Colonial Bank, N.A. (hereinafter "Lender"), for property located in Oklahoma County, Oklahoma. Mortgage Electronic Registration Systems, Inc. (hereinafter "MERS"), was designated as the nominee for the lender pursuant to subsection (C) of the Mortgage.

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