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BANK OF AMERICA, NA v. KABBA

No. 109,660.

276 P.3d 1006 (2012)

2012 OK 23

BANK OF AMERICA, NA, Plaintiff/Appellee, v. Momodu Ahmed KABBA, Defendant/Appellant, and Humu Hawah Kabba, John Doe and Jane Doe, Defendants.

Supreme Court of Oklahoma.

March 6, 2012.

Attorney(s) appearing for the Case

A. Grant Schwabe , Kivell, Rayment and Francis, Tulsa, Oklahoma, for Plaintiff/Appellee.

James P. Cates , Baer Timberlake Coulson & Cates, PC, Oklahoma City, Oklahoma, for Plaintiff/Appellee.

J.R. Matthews , J R Matthews LLC, Oklahoma City, Oklahoma, for Defendant/Appellants.

COMBS, J.

FACTUAL AND PROCURAL HISTORY

¶ 1 In a petition filed on March 11, 2010, Bank of America, NA, claiming to be the present holder of the note (hereinafter Bank of America) initiated a foreclosure action against Kabba and his wife. Bank of America claimed, at that time, to hold the note and mortgage as Successor by Merger to LaSalle Bank National Association, as Trustee under the Trust agreement for the Structured Asset Investment Loan Trust Series...

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