AMERICAN GENERAL FINANCIAL SERV. v. CARTER

No. 98,031.

184 P.3d 273 (2008)

AMERICAN GENERAL FINANCIAL SERVICES, INC., Appellant, v. Jeff L. CARTER, Gina L. Carter, Board of County Commissioners of Reno County, Kansas, Defendants, and The State of Kansas, Appellee.

Court of Appeals of Kansas.

May 16, 2008.


Attorney(s) appearing for the Case

Thomas J. Lasater and Lyndon W. Vix, of Fleeson, Gooing, Coulson & Kitch, L.L.C., of Wichita, for appellant.

Jay D. Befort and Karyn D. Lopez, of Kansas Department of Revenue Legal Services Bureau, of Topeka, for appellee.

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


McANANY, J.

This is a real estate foreclosure action brought by the purchase money mortgagee. At issue is the distribution of the proceeds following the foreclosure sale. In this appeal we consider the relative priorities of a lien for unpaid sales taxes and a later purchase money mortgage given by the defaulting taxpayers to acquire the property which is later sold in foreclosure. The district court found that the tax lien has priority. We conclude that the mortgage...

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