Miles Homes Division of Insilco Corp. v. First State Bank of Joplin

MAUS, Judge.

The plaintiff in this case is the mortgagee in a second deed of trust. The defendant is the named mortgagee in an underlying first deed of trust. The plaintiff seeks to recover by reason of the defendant’s breach of a commitment to notify the plaintiff of the foreclosure of the first deed of trust. In a jury-waived trial, the court entered judgment for the plaintiff in the amount of $22,375.00. The defendant appeals.

The designation of the parties involved is as follows. Gerald J. Ames and Magdalyn Ames, his wife — Buyers. Plaintiff Miles Homes Division of Insilco Corporation—…