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SCHWARTZ v. BANN-COR MORTG.

No. WD 65187.

197 S.W.3d 168 (2006)

John SCHWARTZ, et al., Appellant, v. BANN-COR MORTGAGE, et al., Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied June 27, 2006.

Application for Transfer Denied August 22, 2006.

Attorney(s) appearing for the Case

Kip Dudley Richards, Kansas City, MO, arguing on behalf of appellant.

Thomas James Fritzlen, Jr., Kansas City, MO, for Respondent Bann-Cor Mortgage.

Mark Alan Olthoff, Kansas City, MO, for Respondent Master Financial and Master Financial Asset Securitization Trust.

Daniel Larson McClain, Kansas City, MO, for Respondents HomeQ Servicing and The Money Store.

Before ROBERT G. ULRICH, P.J., PATRICIA A. BRECKENRIDGE, and JAMES M. SMART, JR., JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 27, 2006.

JAMES M. SMART, JR., Judge.

The issues in this appeal include the question of whether the six-year limitations period of Section 516.420, RSMo, 2000 applies to claims brought under the Second Mortgage Loan Act against Bann-Cor, a company engaged in the business of making second mortgage loans.

Plaintiffs John and Jeannette Schwartz applied for and obtained a second mortgage...

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