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U.S. BANK, N.A. v. ALEXANDER

No. 109,648.

280 P.3d 936 (2012)

2012 OK 43

U.S. BANK, N.A., as Trustee, for CREDIT SUISSE FIRST BOSTON HEAT 2005-4, Plaintiff/Appellee, v. John W. ALEXANDER, III, and Lisa Alexander, Defendants/Appellants, and Citifinancial Services, Inc., Defendant.

Supreme Court of Oklahoma.

May 1, 2012.

Attorney(s) appearing for the Case

Sally E. Garrison , Baer, Timberlake, Coulson and Cates, P.C., Oklahoma City, Oklahoma; Mark Edward Hardin , Tulsa, Oklahoma; Kari Y. Hawkins , Oklahoma City, Oklahoma, for Plaintiff/Appellee.

Michael R. Warkentin , Michael R. Warkentin, P.C., Norman, Oklahoma, for Defendants/Appellants.

COMBS, J.

¶ 1 On May 10, 2005, John W. Alexander, III (Alexander), executed a note to MILA, Inc., DBA Mortgage Investment Lending Associates, Inc. (MILA), and a mortgage to Mortgage Electronic Registration Systems, Inc. (MERS), as nominee for MILA and its successors and assigns. The mortgage also contains language, identifying MERS as the mortgagee under this security instrument.

¶ 2 Wells Fargo Bank, N.A. (Wells Fargo), filed a foreclosure petition...

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