Fairfax Portfolio v. Carojoto

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 118,712 FAIRFAX PORTFOLIO LLC, Appellant, v. CAROJOTO LLC, ROSANA PRIVITERA BIONDO, ANTHONY L. PRIVITERA II, and CARL PRIVITERA, Appellees. SYLLABUS BY THE COURT 1. Generally, the mortgagor of real property may retain the possession thereof. 2. A holder of a real estate mortgage cannot, even after condition broken, take possession of the mortgaged property, except by post-default consent of all the parties, acquiescence, or court action. 3. The mortgage instrument alone is unable to provide authority for a lender to take possession of real…