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MASSEY v. BAYVIEW LOAN SERVICING, LLC

No. 108,185. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2.

262 P.3d 371 (2011)

2011 OK CIV APP 78

Maurice R. MASSEY and Margaret Massey, Plaintiffs/Appellants, v. BAYVIEW LOAN SERVICING, LLC, a Delaware limited liability company; and Interbay Funding, a Delaware limited liability company, Defendants/Appellees.

Court of Civil Appeals of Oklahoma, Division No. 2.

Certiorari Denied June 6, 2011.

Attorney(s) appearing for the Case

James R. Webb , Andrew S. Long , McAffee & Taft, a Professional Corporation, Oklahoma City, Oklahoma, for Plaintiffs/Appellants.

Steven A. Heath , Baer, Timberlake, Coulson & Cates, PC, Tulsa, Oklahoma, for Defendants/Appellees.

JOHN F. FISCHER, Vice Chief Judge.

¶ 1 Plaintiffs Maurice and Margaret Massey appeal the grant of summary judgment to Defendants Bayview Loan Servicing, LLC, and Interbay Funding and the denial of their cross-motion for summary judgment. Because we find the Lockout Fee and Prepayment Consideration provisions of the promissory note executed by the Masseys are unenforceable, we reverse the judgment granted in favor of Defendants Bayview and Interbay and remand...

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