Legal Opinion

Postal Savings & Loan Ass'n v. Freel

Court of Appeals of Kansas

Decided December 14, 1984No. 56,238PublishedCited by 13 opinions

1Opinion of the Court

Parks, J.:

Plaintiff Postal Savings & Loan Association brought this action to foreclose its mortgage against the defendants’ residence. Defendants Marion K. Freel and Charlene A. Freel contend that plaintiff waived its right to foreclose. The trial court entered judgment allowing the foreclosure. Defendants appeal.

We first consider defendants’ claim that plaintiff waived its right to accelerate the payment of the note and mortgage.

The plaintiff has always maintained that the letter of January 12, 1981, written when the defendants were two and almost three payments behind on their loan…

2Cases cited4 opinions

  1. Iola State Bank v. BiggsSupreme Court of Kansas · 1983
  2. Carpenter v. RileySupreme Court of Kansas · 1984
  3. Smith v. SmithSupreme Court of Kansas · 1960
  4. Rawhide Farms, Inc. v. DarbyCourt of Appeals of Arkansas · 1979

3Cited by13 opinions

  1. Gaul v. Olympia Fitness Center, Inc.Ohio Court of Appeals · 1993
  2. Foundation Property Investments, LLC v. CTP, LLCSupreme Court of Kansas · 2008
  3. First National Bank of Omaha v. Centennial Park, LLCCourt of Appeals of Kansas · 2013
  4. Foundation Property Investments, LLC v. CTP, LLCCourt of Appeals of Kansas · 2007
  5. Gator Apple, LLC v. Apple Texas Restaurants, Inc., Texas Court of Appeals, 5th District (Dallas)2014

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