sec. 24.16 Missing Assignments of Mortgages

Standard 24.16

A recorded affidavit, based on the affiant's personal knowledge, containing the following information shall be deemed sufficient to evidence the assignment of a mortgage in a circumstance in which a valid, recordable assignment of the mortgage is not recorded:

(A) Identifying information for the mortgage, including the date of the mortgage, recording information, including book and page or document number, as applicable, and the legal description contained in the mortgage, and

(B) A photocopy of the promissory note or notes which evidence the indebtedness secured by the mortgage, and

(C) A photocopy of proper indorsement of the promissory note or notes in sufficient form to document the transfer of such note(s) by and between the parties who would otherwise appear on the missing assignment of the mortgage, and

(D) A statement by the affiant that the promissory note(s) attached to the affidavit are true and correct copies of the promissory note(s) secured by the mortgage, and

(E) A statement by the affiant that the person or entity shown on the indorsement as the current indorsee/holder on the promissory note(s) is in possession of the note(s) and that such note(s) is either payable to bearer or to such identified person or entity, or, that such person or entity is in possession of the note(s) which has not been indorsed either by special indorsement or blank indorsement, and

(F) A statement by the affiant that an assignment of the mortgage by and between the parties to the promissory note(s) referenced in Paragraph E above is not recorded.

Authority:

Deutsche Bank National Trust Company v. Byrams, 2012 OK 4

Engle v. Federal National Mortgage Association 1956 OK 176; Title 16 O.S. §82, et. seq.