Williams v. Kimes

RONNIE L. WHITE, Judge.

This appeal arises from judgment by the Circuit Court of Mississippi County after this Court’s remand in Williams v. Kimes 1 (Williams I). In its prior opinion, this Court held that the holder of a recorded contingent remainder is an owner entitled to actual notice before a foreclosure by power of sale. On remand, the circuit court held that the plaintiffs were entitled to fee simple possession of the parcel, but failed to refund the Kimeses their purchase price for the property.

The trustee’s failure to provide actual notice to the contingent remainder holders prior to…