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GOSS v. TRINITY SAV. & LOAN ASS'N

No. 67298.

813 P.2d 492 (1991)

Earl W. GOSS, Jr. and Cheryl Goss, husband and wife, Plaintiffs/Appellees, v. TRINITY SAVINGS & LOAN ASSOCIATION, TSL Service Corporation, STM Mortgage Company, Defendants/Appellants. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff/Appellant, v. Earl W. GOSS, Jr. and Cheryl Goss, husband and wife, Defendants/Appellees.

Supreme Court of Oklahoma.

As Corrected February 27, 1991.

As Amended on Grant of Rehearing For Limited Purpose May 30, 1991.

Attorney(s) appearing for the Case

Jack S. Dawson, Clell I. Cunningham, III, Janice Dansby, Miller, Dollarhide, Dawson, & Shaw, Oklahoma City, for plaintiffs/appellees.

Carl Huges, Michael McGuire, John Coyle, Huges & Nelson, Oklahoma City, for defendant/appellant Trinity.

Linda G. Scoggins, Jeffrey H. Contreras, Spradling, Alpern, Friot and Gum, Oklahoma City, for plaintiff/appellant FNMA.

LAVENDER, Justice.

The principal issue presented is whether a note with an adjustable interest rate tied to the average yield on U.S. Treasury Securities (T-bills) is a negotiable instrument as defined by the Uniform Commercial Code (UCC) 12A O.S. 1981, § 3-104(1)(b). Initially, however, we must consider; 1) whether the court allowed Appellees a double recovery; 2) whether the court correctly ruled the unauthorized alteration...

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