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BAYVIEW LOAN SERVICING, LLC v. BAXTER

Case No. 120,548 THIS OPINION HAS BEEN RELEASED FOR PUBLICATION BY ORDER OF THE COURT OF CIVIL APPEALS, Division No. 4.

530 P.3d 89 (2023)

2023 OK CIV APP 12

BAYVIEW LOAN SERVICING, LLC, Substituted Plaintiff/Appellee, v. Iva Charline BAXTER; John Doe, Spouse of Iva Charline Baxter, if Married; and Occupants of the Premises, Defendants, Brian Baxter and Amanda Baxter, Defendants/Appellants, The Heirs, Personal Representatives, Devisees, Trustees, Successors and Assigns of Iva Charline Baxter, Deceased, and the Unknown Successors, Additional Defendants.

Court of Civil Appeals of Oklahoma, Division No. 4.

Mandate Issued: April 20, 2023.

Attorney(s) appearing for the Case

Brian J. Rayment , KIVELL, RAYMENT & FRANCIS, P.C., Tulsa, Oklahoma, for Substituted Plaintiff/Appellee.

James S. Matthews, Jr. , Oklahoma City, Oklahoma, for Defendants/Appellants.

¶1 Bryan and Amanda Baxter appeal a summary judgment of the district court granting foreclosure of a mortgage in favor of the appellee, Bayview Loan Servicing, LLC. On review, we find that the Baxters raised questions of material fact as to a possible equitable defense to foreclosure that should...

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