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BANK OF AMERICA v. UNKNOWN SUCCESSORS

No. 111,634. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2.

336 P.3d 1034 (2014)

2014 OK CIV APP 78

BANK OF AMERICA, N.A., successor by merger to Countrywide Bank, FSB, Plaintiff/Appellant, v. The UNKNOWN SUCCESSORS OF Sarah Jane LEWIS, Deceased, and Padgett Development Company, LLC, Defendants/Appellees.

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

June 17, 2014.

Attorney(s) appearing for the Case

Trent A. Gudgel , Angela L. Smoot , Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, Oklahoma, for Plaintiff/Appellant.

Luke Gaither , Luke Gaither, Attorney at Law, PLLC, Henryetta, Oklahoma, for Defendant/Appellee Padgett Development Company, LLC.

P. THOMAS THORNBRUGH, Judge.

¶ 1 Bank of America, N.A. (Bank), appeals the judgment of the district court that Bank's mortgage did not include a strip of land claimed by Padgett Development Company, LLC (PDC). Bank also appeals the court's fee award to PDC as a prevailing party in Bank's foreclosure action. We affirm the decisions of the district court.

BACKGROUND

¶ 2 The relevant facts begin in July 1976, when non-parties Custer and Eulah...

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