Yankee v. Franke

CLARK, Judge.

Appellants, the former owners of residential property, suffered judgment in an unlawful detainer suit brought by respondent who purchased the property at a mortgage foreclosure sale. The judgment granted respondent possession of the property and damages for rent and this appeal followed. Reversed.

Arthur and Bessie Franke were the owners of and occupied the subject property consisting of a residence and lot at Lake Lotawana in Jackson County. They acquired the property in 1979 and, in connection with the purchase, they executed a deed of trust to Commercial Credit Plan, Inc. to…