Legal Opinion · Dissent

In re Zivanovic

Supreme Court of Kansas

Decided December 20, 1996No. 73,890Published

1DissentSix, J.

The question is whether the Court of Appeals has erroneously interpreted and improperly applied K.S.A. 1993 Supp. 79-3102(d)(3) to determine that die subject mortgage is exempt from the mortgage registration fee. The question is not, as the majority states, “whether the mortgagee is subject to a second mortgage registration fee when the new mortgage, which has been refinanced with the original lender and which includes the principal indebtedness from the original loan, is filed.” I do not agree that the principal indebtedness from die original loan is involved in the second borrowing. The…

2Cases cited4 opinions

  1. Misco Industries, Inc. v. Board of County CommissionersSupreme Court of Kansas · 1984
  2. Meadowlark Hill, Inc. v. KearnsSupreme Court of Kansas · 1973
  3. Missouri Pacific Railroad Co. v. DeeringSupreme Court of Kansas · 1959
  4. In Re Application of ZivanovicCourt of Appeals of Kansas · 1996

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