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U.S. BANK NAT. ASS'N v. BABER

No. 109,942.

280 P.3d 956 (2012)

2012 OK 55

U.S. BANK NATIONAL ASSOCIATION, As Trustee of the Security National Mortgage Loan Trust 2006-1, Plaintiff/Appellee, v. Billy G. BABER a/k/a Billy Gene Baber and Jeanette Baber, a/k/a Agnes J. Baber a/k/a A. Jeanette Baber, Defendants/Appellants, and Mortgage Electronic Registration Systems, Inc., as Nominee for Gold Mortgage Banc, Inc., Ameriquest Mortgage Company and Mortgage Electronic Registration Systems, Inc., Defendants.

Supreme Court of Oklahoma.

June 12, 2012.

Attorney(s) appearing for the Case

MaryGaye LeBoeuf , Oklahoma City, Oklahoma, for Defendants/Appellants Billy G. Baber and Jeanette Baber.

Melvin R. McVay and Raymond E. Zschiesche , Phillips McFall McCaffrey McVay & Murrah, PC, Oklahoma City, Oklahoma, for Plaintiff/Appellee, U.S. Bank, N.A.

Scott Peck , Peck, Erodes & Wenzel, P.A., Oklahoma City, Oklahoma, for Plaintiff/Appellee, U.S. Bank, N.A.

COMBS, J.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

¶ 1 On February 22, 2005, Appellants executed a promissory note (hereinafter "Note") payable to Ameriquest Mortgage Company, Inc. (hereinafter "Lender"). To secure payment of the Note, Appellants executed and delivered to Mortgage Electronic Registration Systems, Inc. (MERS), as nominee for Lender, as mortgagee, a certain mortgage (hereinafter "Mortgage"), which conveyed and mortgaged to the mortgagee...

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