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RESOLUTION TRUST CORP. v. BOPP

No. 67,159

18 Kan. App. 2d 271 (1993)

850 P.2d 939

RESOLUTION TRUST CORPORATION, Appellee, v. EDWARD O. BOPP, et al., Appellants.

Court of Appeals of Kansas.

Opinion filed April 23, 1993.

Attorney(s) appearing for the Case

Michael S. Martin, of Overland Park, for appellants.

Robert L. Hamann and Timothy M. Henderson, of Hamann, Holman, South, McCollum & Hansen, P.C., of Prairie Village, for appellee.

Before GERNON, P.J., ELLIOTT, J., and RICHARD W. WAHL, District Judge Retired, assigned.

GERNON, J.:

The trustees of the Perry M. Sharp Trust appeal a decision of the trial court which found that the Resolution Trust Corporation (RTC) has a purchase money security interest in property that has priority over their judicial lien.

This case originated as a mortgage foreclosure action brought by Anchor Savings Association (Anchor) against Edward O. Bopp and H. Earlene Bopp. RTC was later substituted for Anchor.

On July 6, 1988, the Bopps secured...

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