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McNEILL v. FRANKE

No. 98-1962.

171 F.3d 561 (1999)

Cynthia McNEILL, Formerly known as Cynthia J. Franke, Appellant, v. William E. FRANKE, doing business as Gannon Partnership 19, L.P.; Gannon Partnership 19, L.P.; Kevin W. Kelly; Pentad Properties, Inc., formerly known as Kemmons Wilson Properties, Inc., formerly known as St. Louis Associates Limited Partnership, formerly known as St. Louis Associates, Ltd., Inc.; St. Louis Associates Limited Partnership, formerly known as St. Louis Associates, Ltd.; Phillip J. Paster; Department of Housing and Urban Development, Henry Cisneros, Secretary; West Pointe Limited Partnership; Northwest Village Limited Partnership; Grandview Hills Limited Partnership; Park Ridge Apartments Limited Partnership; Lamplite Limited Partnership, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 8, 1999.

Attorney(s) appearing for the Case

Charles F. Dufour, St. Louis, MO, argued (Thomas G. Berndsen, on the brief), for Appellant.

Thomas Cummings, St. Louis, MO, argued (Jeffrey T. McPherson, Steven M. Wald, Edward L. Dowd and Wesley D. Wedemeyer, on the brief), for Appellees.

Before FAGG, WOLLMAN, and LOKEN, Circuit Judges.

FAGG, Circuit Judge.

This case stems from a Missouri divorce judgment awarding Cynthia McNeill a 20% interest in a private promissory note secured by a mortgage lien against five residential apartment complexes. McNeill recorded her interest, and her former husband, William E. Franke, retained the remaining 80%. Contrary to the divorce judgment's terms, Franke later unilaterally refinanced the note with a loan made under the National Housing Act and co-insured by...

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