Bank of America, N.A. v. Kabba
Supreme Court of Oklahoma
276 P.3d 1006 (2012)
Relevant factsFree
Bank of America (plaintiff) sued to foreclose on the Kabbas' (defendants') mortgage in March 2010, claiming to hold their promissory note, but did not file an assignment of the mortgage from the original lender until January 2011, and that assignment did not even mention the note. The note itself, payable to the bearer, was filed only with Bank of America's later summary judgment motion. The Kabbas argued Bank of America lacked standing when it filed suit, but the trial court granted Bank of America summary judgment, and the Kabbas appealed.
IssueFree
Whether a plaintiff must have the right to enforce the promissory note as of the date it files a foreclosure action.