WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER TO WELLS FARGO BANK OF MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE, F/K/A NORTHWEST BANK MINNESOTA, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF STRUCTURED ASSET SECURITIES CORPORATION, STRUCTURED ASSET INVESTMENT LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2003-BC4, Plaintiff/Appellee,
CHARLES W. TAYLOR and KATHERINE L. TAYLOR, Defendants/Appellants, and Mortgage Electronic Registration Systems, Inc.; Centurion Capital Corp., LLC DBA Centurion Capital Corp.; Allied Equity Corp.; Wells Fargo Bank, N.A.; Midland Funding, LLC; John Doe; and Jane Doe, Additional Parties.
Mandate Issued: 04/04/2018
FROM THE DISTRICT COURT OF TULSA COUNTY, OKLAHOMA HONORABLE
JEFFERSON D. SELLERS, JUDGE
J. Rayment, KIVELL, RAYMENT, and FRANCIS, P.C., Tulsa,
Oklahoma, for Plaintiff/Appellee,
Michael W. McCoy, McCOY LAW OFFICE, Broken Arrow, Oklahoma,
D. BELL, PRESIDING JUDGE.
Defendants/Appellants, Charles W. Taylor and Katherine L.
Taylor, appeal from the trial court's order denying their
motion to vacate a mortgage foreclosure judgment in favor of
Plaintiff/Appellee, Wells Fargo Bank, N.A., as trustee for an
asset investment trust. For the reasons set forth below, we
In March 2003, Charles Taylor borrowed $369, 000.00 from
Finance America, LLC, to finance the purchase of a home. He
signed a promissory note (Note) promising to repay the loan.
Charles and his wife, Katherine, also granted a mortgage
(Mortgage) against the real property located at 6634 E. 112th
Place South in Bixby, Oklahoma (Subject Property). The
mortgage instrument stated that Mortgage Electronic
Registration Systems, Inc. (MERS), was mortgagee "solely
as a nominee for Lender and Lender's successors and
assigns." In 2010, MERS, as nominee, assigned the
Mortgage to Plaintiff.
Charles defaulted on the Note in September 2009. In April
2012, Plaintiff filed a Petition to foreclose the Mortgage.
Attached to Plaintiff's Petition were copies of the Note
endorsed in blank and the Mortgage. Both documents recited
the street address of the Subject Property. However, the page
containing the legal description of the Subject Property was
inadvertently omitted from the Mortgage. The district court
granted summary judgment to Plaintiff in October 2013, but
vacated the judgment in March 2014 because of the missing
legal description in the Mortgage. The court's docket
entry from March 4, 2014, states in relevant part:
Court vacates summary judgment and grants partial summary
judgment as to all issues except description of property.
Standing issues granted in favor of Wells Fargo. Plaintiff
granted leave to amend petition. (all capital letters in
original converted to lower case as warranted).
Plaintiff filed its First Amended Petition on March 11, 2014,
with the attached Mortgage containing the Subject Property
legal description. The Petition stated inter alia:
[T]he legal description attached to the Mortgage Document was
inadvertently left off the original petition when filed. That
the legal description has always been a part of the Mortgage
Document and was filed in the Tulsa County Land Records with
the Mortgage Document. That this Amended Petition is filed
simply to correct the Court's record as to the complete
Mortgage Document as found in the Tulsa County Land Records.
Judgment having previously been awarded as to all other
issues but as to the subject property.
answered with a general denial of the allegations.
Plaintiff thereafter moved for summary judgment. In addition
to the Note, Mortgage and other documents, Plaintiff attached
to the motion an affidavit from an employee of the loan
servicing company who was authorized to sign on behalf of
Plaintiff. The affidavit recited that Plaintiff is entitled
to enforce the Note and Mortgage, and that the loan has
"been in constant default since September 1, 2009."
The trial court granted summary judgment to Plaintiff by
order dated February 9, 2016. The Defendants' motion to
vacate or reconsider the judgment was denied by the trial