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HSBC AUTO FINANCE, INC. v. LYLES

No. ED 89216.

240 S.W.3d 736 (2007)

HSBC AUTO FINANCE, INC., Plaintiff/Respondent, v. Paul W. LYLES, Defendant/Respondent, Budgetline Cash Advance of Missouri, LLC d/b/a Budgetline Cash Advance, Defendant/Appellant, and State of Missouri, Department of Revenue, Division of Motor Vehicles, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Rehearing Denied December 18, 2007.

Attorney(s) appearing for the Case

K. Kim Shaffer, Swanson Midgley, LLC, Kansas City, MO, for appellant.

Todd W. Ruskamp, Kristen F. Trainor, Kansas City, MO, for respondent.

ROY L. RICHTER, Presiding Judge.

Budgetline Cash Advance ("Budgetline") appeals from the trial court's grant of summary judgment in favor of HSBC Auto Finance Inc. ("HSBC"). We reverse and remand.

I. Background

HSBC and Budgetline are both lenders who entered into separate security agreements with Paul W. Lyles ("Borrower"). In January of 2005, HSBC entered into a loan repayment and security agreement with Borrower, wherein HSBC lent Borrower a sum...

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