Opinion

Wells Fargo Credit Corp. v. Selby

72 O.B.A.J. 2175
26 P.3d 774
2001 OK CIV APP 78
2001 Okla. Civ. App. LEXIS 46

Court: Court of Civil Appeals of Oklahoma
Filed: Mar 9, 2001
Status: Published
Author: Garrett
On the bench: Buettner, Hansen, Garrett
Cited by: 5 cases

The opinion

GARRETT, J.,

dissenting:

11 I would reverse the order of the trial court. Specifically, I agree with Appellant, Wells Fargo, in its argument concerning lis pendens. Among other considerations, applying lis pendens will prevent a forfeiture. Our Supreme Court has repeatedly held that the law abhors a forfeiture.

¶2 While Appellees had an interest in the land, to-wit: a tax lien, the majority opinion allows them to acquire a new interest [title and ownership] contrary to the common law and statutory doctrine of lis pendens. A lien is a far ery from title and ownership.

13 I respectfully dissent.

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