Legal Opinion

Landmark National Bank v. Kesler

Court of Appeals of Kansas

Decided September 12, 2008No. 98,489PublishedCited by 9 opinions

1Opinion of the Court

Leben, J.:

Landmark National Bank brought a suit to foreclose its mortgage against Boyd Kesler and joined Millennia Mortgage Corp. as a defendant because a second mortgage had been filed of record for a loan between Kesler and Millennia. In a foreclosure suit, it is normal practice to name as defendants all parties who may claim a Hen against the property. When neither Kesler nor Millennia responded to the suit, the district court gave Landmark a default judgment, entered a journal entry foreclosing Landmark’s mortgage, and ordered the property sold so that sale proceeds could be applied to…

2Cases cited20 opinions

  1. Merscorp., Inc. v. RomaineNew York Court of Appeals · 2006
  2. Mohr v. State Bank of StanleySupreme Court of Kansas · 1989
  3. Dugan v. First Nat'l Bank in WichitaSupreme Court of Kansas · 1980
  4. Cisco v. Van LewCalifornia Court of Appeal · 1943
  5. In Re the Appeal of Scholastic Book Clubs, Inc.Supreme Court of Kansas · 1996

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3Cited by9 opinions

  1. Landmark National Bank v. KeslerSupreme Court of Kansas · 2009
  2. Mortgage Electronic Registration System, Inc. v. Southwest Homes of Arkansas, Inc.Supreme Court of Arkansas · 2009
  3. Vawter v. Quality Loan Service Corp. of WashingtonDistrict Court, W.D. Washington · 2010
  4. U.S. Bank, N.A. v. HowieCourt of Appeals of Kansas · 2012
  5. Bucci v. Lehman Brothers BankSuperior Court of Rhode Island · 2009

4 more not listed; retrieve them via the Exa API.

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