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International Bank of Commerce v. Franklin

Court of Civil Appeals of Oklahoma, Division No. 1

September 20, 2019

INTERNATIONAL BANK OF COMMERCE, a Texas State Banking Association, Successor To Local Oklahoma Bank, Formerly Known as Local Federal Bank, F.S.B., Plaintiff/Appellee,
v.
Jimmie A. FRANKLIN and Brenda D. Franklin, Husband and Wife, Defendants/Appellants and United States of America, ex rel. Internal Revenue Service; State of Oklahoma, ex rel. Oklahoma Tax Commission; and Ford Motor Credit Company, LLC., Defendants.

          Mandate Issued: 10/16/2019

Page 208

          APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY, OKLAHOMA; HONORABLE PATRICIA G. PARRISH, TRIAL JUDGE

         Jimmie A. Franklin, FRANKLIN LAW FIRM, Bethany, Oklahoma, For Defendants/Appellants,

         James R. Waldo, JAMES R. WALDO, P.L.L.C., Oklahoma City, Oklahoma, For Plaintiff/Appellee.

          OPINION

         BRIAN JACK GOREE, CHIEF JUDGE

         [¶1] Jimmie A. Franklin and Brenda D. Franklin, husband and wife (Defendants), appeal the trial court’s summary judgment in favor of International Bank of Commerce (IBC or Bank) in this action to foreclose a mortgage. The issues for review are whether the Bank has any available claims against

Page 209

Defendants, or whether the foreclosure is barred by the statute of limitations or 58 O.S. § 333.[1]

         [¶2] On February 13, 1996, Lillian E. Franklin, Jimmie Franklin’s mother, executed a note for $48,000.00, with interest payable at a rate of 7% per annum to Local Federal Bank, F.S.B.[2] That same day, Lillian E. Franklin and John O. Franklin, as husband and wife, executed a mortgage on their property in favor of Local Federal Bank, F.S.B. to secure the note. After the execution of the note and mortgage, Lillian and John Franklin died. In the decree of distribution of Lillian’s estate, the property encumbered by Bank’s mortgage was distributed to Jimmie A. Franklin. No payments were made to Bank after January 2015. In 2017, Bank filed its petition to foreclose on the property. In the foreclosure proceedings below, the trial court granted Bank’s motion for summary judgment.

          I.

          Standard of Review

         [¶3] Summary judgment procedure is governed by 12 O.S. 2011 § 2056 and Rule 13 of the Rules for District Courts of Oklahoma. 12 O.S.Supp. 2013, Ch. 2, App.1. Appellate courts review summary judgments de novo because they are based solely on legal determinations. Carmichael v. Beller, 1996 OK 48, ¶2, 914 P.2d 1051, 1053. A final order in summary proceedings may be granted only when there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law. § 2056(C). A fact is "material" if proof of the fact would have the effect of establishing or refuting one of the essential elements of a cause of action or a defense asserted by the parties. Hadnot v. Shaw,1992 OK 21, ¶18, 826 P.2d 978, 985. All inferences and conclusions drawn from the ...


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