Alliance Mortgage Co. v. Pastine

The opinion of die court was delivered by

Beier, J.:

This appeal presents issues of first impression regarding the notice of sheriff s sale due a junior mortgage holder who has been made a party in a senior mortgage holder’s foreclosure proceeding.

Alliance Mortgage Company (Alliance) sued to foreclose its first mortgage on real property in Junction City when debtor Hannelore Leighty defaulted. Beneficial Mortgage of Kansas, Inc. (Beneficial), was a second mortgagee and was named as a party defendant. Beneficial entered its appearance after proper service of summons, answered, and claimed an…