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NATIONAL CITY MORTGAGE CO. v. ROSS

No. 93,285.

34 Kan.App. 2d 282 (2005)

NATIONAL CITY MORTGAGE CO., d/b/a COMMONWEALTH UNITED MORTGAGE COMPANY, Appellee, v. KEVIN D. ROSS, a/k/a KEVIN DALE ROSS; TERRI ROSS; et al., Defendants, and LEON A. BOLDRIDGE and SANDRA BOLDRIDGE, Appellants, v. NATIONAL CITY MORTGAGE CO., d/b/a COMMONWEALTH UNITED MORTGAGE COMPANY; KEVIN D. ROSS; TERRI ROSS; MATTHEW TUMBERGER; and ELAINA TUMBERGER; et al., Third-party Defendants.

Court of Appeals of Kansas.

Opinion filed August 12, 2005.

Attorney(s) appearing for the Case

Charles S. Scott, Jr., of Kansas City, Missouri, for appellants.

Linda S. Mock, of Overland Park, for appellee.

Before MALONE, P.J., GREEN and BUSER, JJ.

GREEN, J.:

Leon and Sandra Boldridge appeal from the judgment of the trial court determining that the mortgage of National City Mortgage Co. (NCM) was entitled to be subrogated to the rights of two prior mortgagees which were discharged with the proceeds of NCM's loan and mortgage. The Boldridges purchased a home from Matthew and Elaina Tumberger under a contract for deed. When the Boldridges purchased the premises, two preexisting valid mortgages existed against...

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