IN RE FRANCIS

No. 13-1615.

750 F.3d 754 (2014)

In re Charles Ray FRANCIS; Rhonda Kay Francis, Debtors. Ocwen Loan Servicing LLC, Plaintiff-Appellant v. Summit Bank, N.A., et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 25, 2014.


Attorney(s) appearing for the Case

Don A Eilbott , Charles Turner Coleman , Gary D. Marts , Johnathan Dwaine Horton , Little Rock, AR, for appellant.

Marian Major McMullan , Little Rock, AR, for appellee.

Before WOLLMAN, LOKEN, and KELLY, Circuit Judges.


LOKEN, Circuit Judge.

GMAC Mortgage Corporation, the predecessor in interest of appellant Ocwen Loan Servicing LLC, refinanced a first mortgage loan on a home and surrounding twenty two acres of land owned by Ray and Rhonda Francis. In preparing a mortgage securing GMAC's loan, its agents described an adjacent eleven acres as the mortgaged property and filed the flawed mortgage in the recorder's office. See Ark.Code Ann. § 18-40-102. Ray Francis brought...

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