# Wells Fargo Credit Corp. v. Selby

> Court of Civil Appeals of Oklahoma · March 9, 2001 · 72 O.B.A.J. 2175

URL: https://www.frixlaw.com/law-library/cases/9795125

## Case

- **Full name:** WELLS FARGO CREDIT CORPORATION, Plaintiff/Appellant, v. Gerald SELBY and George Selby, Defendants/Appellees, and Andrew York, III; Permelia C. York; Tulsa County Treasurer; Board of County Commissioners of Tulsa County; State of Oklahoma, Ex Rel. Oklahoma Tax Commission; State of Oklahoma, Ex Rel. John P. Crawford, Insurance Commissioners as Receiver for American Lenders Insurance Company; Associates Financial Savings and Loan Association; Associates Investment Corp.; FM Services Corporation; United States of America, Ex Rel. Internal Revenue Service; And Mark O. Thurston, Defendants
- **Court:** Court of Civil Appeals of Oklahoma
- **Decided:** March 9, 2001
- **Citations:** 72 O.B.A.J. 2175; 26 P.3d 774; 2001 OK CIV APP 78; 2001 Okla. Civ. App. LEXIS 46
- **Precedential status:** Published
- **Opinion:** Dissent by Garrett
- **Judges:** Buettner, Hansen, Garrett
- **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/9795125

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9795125. Public record. Not legal advice.