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CPT ASSET BACKED CERTIFICATES v. CIN KHAM

No. 108,384.

278 P.3d 586 (2012)

2012 OK 22

CPT ASSET BACKED CERTIFICATES, SERIES 2004-EC1, Plaintiff/Appellee, v. CIN KHAM and Ngul Liam Cing, Defendants/Appellants.

Supreme Court of Oklahoma.

Rehearing Denied May 7, 2012.

Attorney(s) appearing for the Case

Phillip Aaron Taylor , Taylor & Associates, Broken Arrow, Oklahoma, for Appellants.

Steven A. Heath , Baer, Timberlake, Coulson & Cates, Tulsa, Oklahoma, for Appellee.

COMBS, J.

FACTUAL AND PROCEDURAL HISTORY

¶ 1 On August 27, 2004, the appellants, Cin Kham and Ngul Liam Cing (Appellants), executed an adjustable rate note in favor of Encore Credit Corporation, a California Corporation (Encore). Contemporaneously, the Appellants executed a mortgage to secure the note. The mortgage names Mortgage Electronic Registration Systems, Inc. (MERS), as the mortgagee and further states "MERS is a separate corporation that is...

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