Legal Opinion

Resolution Trust Corp. v. Bopp

Court of Appeals of Kansas

Decided April 23, 1993No. 67,159PublishedCited by 3 opinions

1Opinion of the Court

Gernon, J.:

The trustees of the Perry M. Sharp Trust appeal a decision of the trial court which found that the Resolution Trust Coiporation (RTC) has a purchase money security interest in property that has priority over their judicial lien.

This case originated as a mortgage foreclosure action brought by Anchor Savings Association (Anchor) against Edward O. Bopp and H. Earlene Bopp. RTC was later substituted for Anchor.

On July 6, 1988, the Bopps secured a loan from Anchor in the amount of $146,850. The money was to be used to purchase property and construct a residence on that property pursuant…

2Cases cited4 opinions

  1. Westinghouse Electric Co. v. Vann Realty Co.Supreme Court of Missouri · 1978
  2. Syracuse Savings & Loan Ass'n v. HassNew York Supreme Court · 1929
  3. H. Freeman & Son v. Henry's, Inc.Supreme Court of Kansas · 1986
  4. Hand Trading Company v. DanielsCourt of Appeals of Georgia · 1972

3Cited by3 opinions

  1. Wells Fargo Bank, Minnesota, N.A. v. CommonwealthKentucky Supreme Court · 2011
  2. In Re Black Angus Holdings, LLCUnited States Bankruptcy Court, D. Kansas · 2010
  3. Resolution Trust Corp. v. BoppCourt of Appeals of Kansas · 1993

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