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AVILA v. COMMUNITY BANK OF VIRGINIA

No. WD 61568.

143 S.W.3d 1 (2003)

Richard A. AVILA and Dana Avila, Appellants, v. COMMUNITY BANK OF VIRGINIA, et al, GMAC-Residential Funding Corporation, US Bank Trust NA as Trustee for FirstPlus Home Loan Trust 1996-2, FirstPlus Home Loan Owner Trust 1996-3, 1996-4, 1997-1, and Ace Securities Corporation Home Loan, Trust 1999-A, EquityPlus Financial, Inc., U.S. Bank NA, US Bank NA ND, FirstPlus Home Loan Owner Trusts 1997-2, 1997-3, 1997-4, 1009-1, 1998-2, 1998-3, 1998-4, 1998-5, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied June 1, 2004.

Application for Transfer Denied September 28, 2004.

Attorney(s) appearing for the Case

J. Michael Vaughan, Kansas City, for Appellants.

Laurence R. Tucker, Kansas City, for Community Bank of Northern VA.

Randolph G. Willis, Kansas City, MO, for GMAC-Residential Funding.

Daniel L. McClain, Co-Counsel for GMAC-Residential Funding.

Mark A. Olthoff, Kansas City, MO, for US Bank Trust NA, US Bank, NA, US Bank NA ND, FirstPlus Home Loan Owner Trusts 1997-2, 1997-3, 1997-4.

Scott M. Brinkman, Kansas City, MO, for EquityPlus Financial.

Leslie A. Greathouse, for Ace Securities Corporation, U.S. Bank Trust NA as Trustee for FirstPlus Home Loan Trust, FirstPlus Home Loan Owner Trusts 1996-3, 1996-4, 1997-1.

Before HOWARD, P.J., LOWENSTEIN and HARDWICK, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 1, 2004.

LISA WHITE HARDWICK, Judge.

Richard and Dana Avila appeal the circuit court's dismissal of their claims against Community Bank of Northern Virginia ("Community Bank") and GMAC-Residential Funding Corporation ("GMAC") for violations of the Second Mortgage Loan Act ("SMLA"), Section 408.231 et seq.1 We affirm the circuit court's dismissal because the Avilas...

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