CIT BANK v. HEIRS, PERS REPS, DEVS OF MCGEE

Case No. 116,324 THIS OPINION HAS BEEN RELEASED FOR PUBLICATION BY ORDER OF THE COURT OF CIVIL APPEALS, Division No. 2.

444 P.3d 496 (2019)

2019 OK CIV APP 36

CIT BANK, N.A., Plaintiff/Appellee, v. The HEIRS, PERSONAL REPRESENTATIVES, DEVISEES, TRUSTEES, SUCCESSORS AND ASSIGNS OF Edward J. McGEE, Deceased; and the Unknown Successors, the Heirs, Personal Representatives, Devisees, Trustees, Successors and Assigns of Laura McGee, Deceased, and the Unknown Successors; et al., Defendants, and Falconhead Property Owners Association, Inc., Defendant/Appellant.

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

Mandate Issued: July 3, 2019.


Attorney(s) appearing for the Case

A. Grant Schwabe , Brian J. Rayment , KIVELL, RAYMENT AND FRANCIS, P.C., Tulsa, Oklahoma, for Plaintiff/Appellee.

Richard A. Cochran, Jr. , RICHARD A. COCHRAN, JR., P.C., Marietta, Oklahoma, for the Edward J. McGee Defendants.

G. Timothy Armstrong , Edmond, Oklahoma, for Defendant/Appellant.


¶1 The Falconhead Property Owners Association, Inc., appeals a judgment in this foreclosure action granting CIT Bank, N.A. priority over the Falconhead lien. Because the Falconhead lien did not mature into an enforceable lien and was not perfected until after the Bank's mortgage, it is not entitled...

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