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ALLIANCE MORTGAGE CO. v. PASTINE

No. 91,929

281 Kan. 1266 (2006)

ALLIANCE MORTGAGE COMPANY, Plaintiff/Appellee, v. GARY P. PASTINE, JIMMY DALE LEIGHTY, JR., HANNELORE LEIGHTY, JOHN & MARY DOE, Defendants, BENEFICIAL MORTGAGE OF KANSAS, INC., Defendant/Appellee, THE CORPORATION COMPANY, INC., and STATE OF KANSAS DEPARTMENT OF REVENUE, Defendants, and EVERETT W. COX, JR., and TANYA E. COX, Appellants.

Supreme Court of Kansas.

Opinion filed June 16, 2006.

Attorney(s) appearing for the Case

S. Mark Edwards, of Hoover, Schermerhorn, Edwards, Pinaire & Rombold, of Junction City, argued the cause and was on the briefs for appellants.

Mark L. Mellor, of Mellor & Miller, P.A., of Wichita, argued the cause and was on the briefs for appellee Beneficial Mortgage Company of Kansas, Inc.

Linda S. Mock, of Shapiro and Reed, of Overland Park, was on the brief for appellee Alliance Mortgage Company.

The opinion of the court was delivered by

BEIER, J.:

This appeal presents issues of first impression regarding the notice of sheriff's sale due a junior mortgage holder who has been made a party in a senior mortgage holder's foreclosure proceeding.

Alliance Mortgage Company (Alliance) sued to foreclose its first mortgage on real property in Junction City when debtor Hannelore Leighty defaulted. Beneficial Mortgage of Kansas, Inc. (Beneficial), was...

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