Bank of Whitewater v. Decker Investments, Inc.

The opinion of the court was delivered by

Herd, J.:

This is a mortgage foreclosure action wherein two actions were consolidated — one filed by appellee Bank of Whitewater, and one filed by Bank of Mid-America.

After extensive discovery, Associates Financial Services of Kansas, Inc. (Associates); Avco Financial Services of Topeka, Inc. (AVCO); and Bank of Mid-America amended their answers to raise the issue of fraud as a defense to the prior recorded mortgages of the Bank of Whitewater. In addition to asking that their mortgages be adjudged prior, they prayed for actual and punitive damages…