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PARSONS v. BISCAYNE VALLEY INVESTORS, LTD.

No. 75,907.

23 Kan. App.2d 718 (1997)

935 P.2d 218

GEORGE M. PARSONS and LINDA M. PARSONS, Appellees, v. BISCAYNE VALLEY INVESTORS LIMITED, L.P., formerly BISCAYNE-VALLEY INVESTORS, LTD.; JETZ SERVICE CO., INC.; BOARD OF COUNTY COMMISSIONERS OF SEDGWICK COUNTY, KANSAS; TOM'S SEWER SERVICE and AUGUST L. THORNE; ROOF MECHANICS, INC.; ENRIQUE J. RODRIQUES d/b/a HURRICANE MAINTENANCE; ALAN'S PAVINGS and ALAN SCHWAB; Defendants, and THE MISSION BANK, Appellant.

Court of Appeals of Kansas.

Opinion filed March 28, 1997.

Attorney(s) appearing for the Case

Phillip A. Miller and Jerald S. Meyer, of Armstrong, Teasdale, Schlafly & Davis, of Kansas City, Missouri, for appellant.

Philip L. Bowman and Laura L. Ice, of Adams, Jones, Robinson & Malone, Chartered, of Wichita, for appellee.

Before GREEN, P.J., ELLIOTT, J., and CARL B. ANDERSON, JR., District Judge, assigned.

GREEN, J.:

This mortgage foreclosure action involves a dispute over the lien priorities between the first and second mortgage holders. George M. Parsons and Linda M. Parsons were holders of two promissory notes relating to two loans that they made to Biscayne Valley Investors Limited, L.P. (Biscayne Valley). Each promissory note was secured by a first mortgage on an apartment complex. The Mission Bank (Bank) held a blanket second mortgage on both apartment complexes...

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