Newspaper article THE JOURNAL RECORD

Civil

Newspaper article THE JOURNAL RECORD

Civil

Article excerpt

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(63579) MOTION AND BRIEF FOR& LEAVE TO ENTER DEFICIENCY JUDGMENT Case No. CJ-88-5247 In the District Court of Oklahoma County, State of Oklahoma.

Equity Bank For Savings, F.A., Plaintiff, vs. Tommy Joe Dixon and Beverly Jean Dixon, husband and wife; et al., Defendants.

COMES NOW, Equity Bank for Savings, F.A. ("Equity"), and for its Motion for Leave to Enter Deficiency Judgment against said defendants, Tommy Joe Dixon and Beverly Jean Dixon, alleges that it is entitled to an award of Deficiency Judgment against Defendants pursuant to Okla. Stat. tit. 12 686 (1981) and in further support of its Motion, Equity would refer the Court to its Brief below:

BRIEF 1. On May 16, 1988, Plaintiff filed its Petition to collect on a Promissory Note executed by Tommy Joe Dixon and Beverly Jean Dixon and to foreclose its Mortgage given to secure said Note. On July 21, 1989, Judgment was entered in Equity's favor against the defendants, Tommy Joe Dixon and Beverly Jean Dixon, pursuant to the Journal Entry of Judgment filed August 8, 1989. Thereafter, Special Execution and Order of Sale was issued directing the appraisal and sale of certain real property mortgaged by Tommy Joe Dixon and Beverly Jean Dixon to Plaintiff, more particularly described as follows, to-wit:

The East Half (E/2) of the South Half (S/2) of the North Half (N/2) of the Northeast Quarter (NE/4) of the Southwest Quarter (SW/4) in the Northeast Quarter (NE/4) of Section Twenty (20), Township Twelve (12) North, Range Four (4) West of the I.M., less a strip 20 feet wide along the East side reserved for road purposes, a/k/a 3211 N. Wilburn, Bethany, Oklahoma 73008.

2. Said real property was appraised by three (3) individuals appointed by the Sheriff's Office for $140,000.00. On October 10, 1989, said real property was sold at Sheriff's Sale to Equity in the sum of $93,334.00, which was the highest amount bid at Sheriff's Sale.

3. Plaintiff hereafter filed a Motion to Confirm said Sheriff's Sale which was heard before the Honorable Judge James B. Blevins on November 1, 1989, at which time the Court entered its Order approving and confirming the sale of said real property in all respects, and directed the Sheriff of Oklahoma County to execute and deliver a good and sufficient deed in favor of Equity Bank For Savings, F.A., with respect to the said parcel of real property.

4. Equity reasonably believes the market value of said real property was $140,000.00, the amount for which said real property was appraised by three (3) independent persons appointed by the Sheriff's Office. …

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