MELSON v. WACHOVIA BANK

No. 107,670. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

245 P.3d 77 (2010)

2010 OK CIV APP 135

Doyle D. MELSON and Lela M. Melson, Plaintiffs/Appellants, v. WACHOVIA BANK, NA OF NORTH CAROLINA as Trustee, FKA First Union National Bank of North Carolina as Trustee; and, Wachovia Bank, NA, a national Banking association, in its individual capacity, Defendants/Appellees.

Court of Civil Appeals of Oklahoma, Division No. 3.

October 22, 2010.


Attorney(s) appearing for the Case

John L. Shafer, III , Tulsa, Oklahoma, for Plaintiffs/Appellants.

Robert L. Roark , Oklahoma City, Oklahoma, for Defendants/Appellees.


BAY MITCHELL, Judge.

¶ 1 Plaintiffs/Appellants Doyle D. Melson and Lela M. Melson (Plaintiffs) filed an action against Appellees Wachovia Bank, NA of North Carolina as Trustee FKA First Union Bank of North Carolina as Trustee, and Wachovia Bank, NA in its individual capacity (collectively Wachovia) seeking damages for Wachovia's failure to release their mortgage pursuant to 46 O.S.2001 § 15. Plaintiffs appeal the trial court's grant of summary judgment in...

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