LANDMARK NAT. BANK v. KESLER

No. 98,489.

192 P.3d 177 (2008)

LANDMARK NATIONAL BANK, Plaintiff/Appellee, v. Boyd A. KESLER, Appellee/Cross-Appellant, Millennia Mortgage Corp., Defendant, Mortgage Electronic Registration Systems, Inc. and Sovereign Bank, Appellants/Cross-Appellees, and Dennis Bristow and Tony Woydziak, Intervenors/Appellees.

Court of Appeals of Kansas.

September 12, 2008.


Attorney(s) appearing for the Case

Tyson C. Langhofer and Court T. Kennedy, of Stinson Morrison Hecker, L.L.P., of Wichita, for appellants/cross-appellees.

Ted E. Knopp, of Ted E. Knopp, Chartered, of Wichita, for appellee/cross-appellant Boyd A. Kesler.

Ted E. Knopp, of Ted E. Knopp, Chartered, of Wichita, for intervenors/appellees Dennis Bristow and Tony Woydziak.

Before GREENE, P.J., MARQUARDT and LEBEN, JJ.


LEBEN, J.

Landmark National Bank brought a suit to foreclose its mortgage against Boyd Kesler and joined Millennia Mortgage Corp. as a defendant because a second mortgage had been filed of record for a loan between Kesler and Millennia. In a foreclosure suit, it is normal practice to name as defendants all parties who may claim a lien against the property. When neither Kesler nor Millennia responded to the suit, the district court gave Landmark a default judgment...

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