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Bank of America, N.A. v. Kabba

Supreme Court of Oklahoma
276 P.3d 1006 (2012)


Facts

On March 11, 2010, Bank of America (plaintiff) filed an action to foreclose on a loan taken out by Momodu and Humu Kabba (defendants). Bank of America claimed to be the holder of the Kabbas’ promissory note. On January 17, 2011, Bank of America filed an “Assignment of Real Estate Mortgage” that evidenced an assignment of the interest in the Kabbas’ mortgage from BNC Mortgage, Inc. (BNC) to Bank of America as of February 9, 2010. The assignment did not mention the promissory note. Bank of America filed a motion for summary judgment. As part of the motion, Bank of America filed the promissory note, which was payable to the bearer. The Kabbas argued that Bank of America did not have standing to bring the foreclosure action. The trial court granted Bank of America’s motion. The Kabbas appealed.

Rule of Law

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Issue

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Holding and Reasoning (Combs, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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