Federal National Mortgage Ass'n v. Elliott

Abbott, J.:

This appeal involves a dispute as to redemption rights between appellee and his ex-wife’s successor in interest to real estate sold at a mortgage foreclosure sale.

The facts are not in dispute and are essentially as follows:

Appellee, Pat Elliott, and his then wife, Marguerite L. Elliott, owned a home in Wichita as joint tenants with the right of survivorship and not as tenants in common. On September 1, 1959, Pat and Marguerite mortgaged the home to Federal National Mortgage Association, a corporation.

Pat and Marguerite L. Elliott were divorced on September 12, 1974, by virtue of a…