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U.S. MORTG. v. LAUBACH

No. 98,902.

73 P.3d 887 (2003)

2003 OK 67

U.S. MORTGAGE, Plaintiff, v. Donald D. LAUBACH, Denny L. Hurst, Defendants, William A. Strong, II, Carolyn E. Strong, and Defendants-Appellants, Oak Tree Home Owners Association, Inc., Defendant-Appellee. Marquis Marie Hurst and Eagleton, Nicholson, Pordos & Pardue, P.C., Third-Party Plaintiffs-Appellees, v. Donald D. Laubach, Third-Party Defendant, William A. Strong, II, Carolyn E. Strong, Third-Party Defendants-Appellants, and Oak Tree Home Owners Association, Inc., Third-Party Defendant-Appellee.

Supreme Court of Oklahoma.

July 1, 2003.

Attorney(s) appearing for the Case

Kelley L. Cornelius, Oklahoma City, OK, for Appellants William A. Strong II and Carolyn E. Strong.

W. David Pardue, Jeffrey M. Love, Oklahoma City, OK, for Appellees Marquis Marie Hurst and Eagleton, Nicholson, Pordos & Pardue, P.C.

Robert C. Smith, Jr., Oklahoma City, OK, for Appellee Oak Tree Home Owners Association, Inc.2

OPALA, V.C.J.

¶ 1 The issue presented by this appeal is whether Strong creditors' judgment lien retained its efficacy at the time the trial court was called upon to determine the order of priority among the competing liens. We answer in the negative.

I

THE ANATOMY OF LITIGATION

¶ 2 U.S. Mortgage, the holder of a mortgage on Donald Laubach's (Laubach) real property located in Oklahoma County, brought a foreclosure suit after Laubach...

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