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C.I.T. Bank, N.A. v. McGee

Court of Civil Appeals of Oklahoma, Division No. 2

June 5, 2019

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.

          Mandate Issued: 07/03/2019

          THIS OPINION HAS BEEN RELEASED FOR PUBLICATION BY ORDER OF THE COURT OF CIVIL APPEALS, Division 2

Page 497

          APPEAL FROM THE DISTRICT COURT OF LOVE COUNTY, OKLAHOMA; HONORABLE TODD HICKS, TRIAL JUDGE

         AFFIRMED

         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

         OPINION

          JOHN F. FISCHER, PRESIDING JUDGE

         [¶1] The Falconhead Property Owners Association, Inc., appeals a judgment in this foreclosure action granting C.I.T. 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 to priority over the Bank’s lien. The judgment of the district court is affirmed.

          BACKGROUND

         [¶2] The real property at issue in this case is located in Love County, Oklahoma, and subject to restrictive covenants described in a Dedication of Restrictions, Conditions, Easements, Covenants, Agreements, Liens and Charges, Falconhead, Phase 1. The Dedication

Page 498

is dated March 10, 1971, and was recorded with the County Clerk on March 15, 1971. Falconhead is a residential and golf course development. Edward and Laura McGee purchased property in 1996 subject to the Falconhead Dedication.[1] The Dedication provided for a lien to secure the ...


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