# U.S. Bank, National Ass'n v. Moore

> Supreme Court of Oklahoma · April 10, 2012 · 278 P.3d 596

URL: https://www.frixlaw.com/law-library/cases/5157145

## Case

- **Full name:** U.S. BANK, NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee on behalf of GSAA Home Equity Trust 2006-6 v. David F. MOORE, a/k/a David F. Moore and Barbara Moore a/k/a Barbara K. Moore
- **Court:** Supreme Court of Oklahoma
- **Decided:** April 10, 2012
- **Citations:** 278 P.3d 596; 2012 OK 32; 2012 Okla. LEXIS 32; 2012 WL 1186518
- **Precedential status:** Published
- **Opinion:** Dissent by Gurich
- **Judges:** Colbert, Combs, Edmondson, Gurich, Kauger, Reif, Taylor, Watt, Winchester, Writing
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5157145

## Opinion text

GURICH, J.,
with whom WINCHESTER, J. joins dissenting:
" 1 I respectfully dissent. In this case, the record indicates that attached to Plaintiffs Motion for Summary Judgment was an indorsed-in-blank note, the mortgage, an assignment of mortgage, and an affidavit in support of the motion for summary judgment. Because the Plaintiff was the proper party to pursue the foreclosure and because the Plaintiff presented the proper documentation at summary judgment to prove such, the trial court did not abuse its discretion in denying Defendants' Petition to Vacate. I would affirm the trial court for the reasons stated in my dissenting opinions in Deutsche Bank National Trust Co. v. Matthews, 2012 OK 14 , 273 P.3d 43 (Gurich, J. dissenting) and Bank of America, NA v. Kabba, 2012 OK 23 , 276 P.3d 1006 (Gurich, J. dissenting). 1
. Although I originally concurred in the majority opinion in Deutsche Bank National Trust v. Brumbaugh, 2012 OK 3 , 270 P.3d 151 , which the majority now cites as authority in this case, after further consideration, I disagree with the majority's analysis in that case, and my views on the issues in these cases are accurately reflected in J.P. Morgan Chase Bank N.A. v. Eldridge, 2012 OK 24 , 273 P.3d 62 (Gurich, J. concurring in part and dissenting in part); Kabba, 2012 OK 23 , 276 P.3d 1006 (Gurich, J. dissenting); CPT Asset Backed Certificates, Series 2004-EC1 v. Kham, 2012 OK 22 , 278 P.3d 586 (Gurich, J. dissenting); Deutsche Bank National Trust Co. v. Richardson, 2012 OK 15 , 273 P.3d 50 (Gurich, J. concurring in part and dissenting in part); and Matthews, 2012 OK 14 , 273 P.3d 43 (Gurich, J. dissenting).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5157145. Public record. Not legal advice.