RCB BANK v. VILLAS DEVELOPMENT, L.L.C.

No. 108,370. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

256 P.3d 1045 (2011)

2011 OK CIV APP 44

RCB BANK, Plaintiff/Cross-Claimant/Appellant, v. VILLAS DEVELOPMENT, L.L.C., an Oklahoma Limited Liability Company; Harold W. Tompkins; Robert M. Cox; The Tompkins Family LLC, an Oklahoma Limited Liability Company; Marvin Y. Jin and Soohyun Jin; Bank of Commerce; Tulsa Energy Control, Inc., a Florida Corporation; Lifestyles Stores, Inc., an Oklahoma Corporation; Mill Creek Lumber & Supply Company, an Oklahoma Corporation; and Davis Custom Painting, Inc., an Oklahoma Corporation, Defendants, and Bank of Commerce, Plaintiff/Cross-Claimant/Appellee, v. Breakers, L.L.C., an Oklahoma Limited Liability Company; Pointe Marin, L.L.C., an Oklahoma Limited Liability Company; Harold W. Tompkins, a/k/a Hal Tompkins, a/k/a Harold W. Thomkins; RCB Bank, an Oklahoma Banking Corporation; Villas Development, L.L.C., an Oklahoma Limited Liability Company; Tulsa Energy Control, Inc., a Corporation; Lifestyles Stores, Inc., a Corporation; Mill Creek Lumber & Supply Company, a Corporation; Davis Custom Painting, Inc., a Corporation; Fuller, Chlouber & Frizzell, L.L.P., an Oklahoma Limited Liability Partnership; and Mary Jane Law, in her capacity as Treasurer of Delaware County, Oklahoma, Defendants.

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

March 18, 2011.


Attorney(s) appearing for the Case

Jeffrey D. Hassell , Gable Gotwals , Tulsa, Oklahoma, and James C. Hodges , Eller & Detrich, a Professional Corporation, Tulsa, Oklahoma, for Plaintiff/Appellant.

John J. Carwile , Carol J. Allen , Michael A. Simpson , Atkinson, Haskins, Nellis, Brittingham, Gladd, & Carwile, a Professional Corporation, Tulsa, Oklahoma, for Plaintiff/Appellee.


KENNETH L. BUETTNER, Judge.

¶ 1 Plaintiff/Appellant RCB Bank and Plaintiff/Appellee Bank of Commerce (BOC) each filed foreclosure actions involving the same property, which were consolidated in the trial court.1 Although the District Court action involved several lienholders, the issue on appeal is only the priority between mortgages held by the two banks. The trial court found BOC's mortgage...

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