LSF Franchise REO I, LLC v. Emporia Restaurants, Inc.

Marquardt, J.:

LSF Franchise REO I, LLC (LSF) appeals from a trial court order which quashed a garnishment of Polaris Restaurants, Inc.’s (Polaris) bank accounts. We affirm.

Emporia Restaurants, Inc.; Polaris Restaurants, Inc.; and North Star Holdings of Missouri, L.L.C., signed two promissory notes totaling $2,600,000. The notes were secured by a mortgage, assignment of leases and rents, and a fixture financing statement. By assignment, LSF is the holder of the notes.

On September 22, 2003, LSF filed a petition to foreclose on the mortgage and personal property collateral, and for breach of the…