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BANK OF WICHITAS v. LEDFORD

No. 102,946.

151 P.3d 103 (2006)

2006 OK 73

BANK OF the WICHITAS, an Oklahoma Banking Corporation, Plaintiff/Appellant, v. Maxine LEDFORD, Herman Ledford, Voyle C. Holder, and Janet S. Holder, Defendants/Appellees, Tommie J. Holder, Ellen J. Holder, Janet S. Wright, Jackson County Treasurer, and The Board of County Commissioners of Jackson County, Defendants, Bank of the Wichitas, an Oklahoma Banking Corporation, Plaintiff/Appellant, v. Maxine Ledford, Herman Ledford, Voyle C. Holder, and Janet S. Holder, Defendants/Appellees, Tommie J. Holder, Ellen J. Holder, and Deanna Beamon Miller, Kiowa County Treasurer, and The Board of Commissioners of Kiowa County, Defendants.

Supreme Court of Oklahoma.

October 10, 2006.

Attorney(s) appearing for the Case

Paul R. Foster and Carrie L. Foster, Paul Foster Law Offices, P.C., Norman, OK, and Newell E. Wright, Jr., Cheyenne, OK, for Appellant.

Nicholas D. Garrett, Lawton, Oklahoma and Ernest F. Godlove, Godlove, Mayhall, Dzialo, Dutcher & Erwin, Lawton, OK, for Appellees.2

OPALA, J.

¶ 1 The dispositive issues tendered on appeal are: (1) Are the mortgages at issue valid and enforceable? and if so (2) Is appellant entitled to require appellees to marshal assets? and if not (3) Are appellees entitled to summary judgment of foreclosure, authorizing them to choose the order in which the mortgaged property is sold and to be reimbursed from the proceeds of such sale in the full amount tendered by them in satisfaction of the secured debt...

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