Broken Arrow City Council
Meeting of: 02-16-2016
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion, possible approval of and authorization to execute Resolution No. 907, Resolution authorizing the City Attorney to agree to Entry of Judgment without admitting liability in the matter of Wilmington Savings Fund Society, FSH, not in its individual capacity but solely as Trustee for the Primestar-H Fund I Trust, Plaintiff v. Brian Edmounds, et al., Defendants, Tulsa County District Court, Case No. CJ-2015-01386; and directing the City Attorney to prepare and file the necessary documents to effectuate settlement, including an execution of Journal Entry incorporating the resolution of the court's approval, pursuant to 51 O.S. ? 158
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Background:
On April 13, 2015, the Plaintiff, Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee for the Primestar-H Fund I Trust filed is Petition to foreclose a Mortgage on property owned by Brian Edmounds legally described as Lot Six (6), Block (6), Country Lane Estates II, an Addition to the City of Broken Arrow, Tulsa County, State of Oklahoma, according to the recorded Plat No. 4675.
The City of Broken Arrow is claiming some right and interest in and to the real property by virtue of two (2) cleaning and/or mowing liens filed with the Tulsa County Clerk on August 5, 2015, Document No. 2013079302-1 and January 25, 2011, Document No. 2011009479-1, totaling $419.12.
The City of Broken Arrow filed its Answer and Counterclaim to Plaintiff, Wilmington Savings Fund Society, FSB, not in is individual capacity but solely as Trustee for the Primestar-H Fund I Trust asserting its cleaning and/or mowing liens upon the subject real property;
The City of Broken Arrow's lien is a valid lien and has been satisfied in full by Plaintiff Wilmington Savings Fund Society, F...
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