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LANDMARK NAT. BANK v. KESLER

No. 98,489.

216 P.3d 158 (2009)

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

Supreme Court of Kansas.

August 28, 2009.

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 Boyd A. Kesler.

David A. Schatz, of Husch Blackwell Sanders L.L.P., of Kansas City, Missouri, for amicus curiae American Land Title Association.

The opinion of the court was delivered by ROSEN, J.:

Mortgage Electronic Registration Systems, Inc. (MERS) and Sovereign Bank seek review of an opinion by our Court of Appeals holding that a nonlender is not a contingently necessary party in a mortgage foreclosure action and that due process does not require that a nonlender be allowed to intervene in a mortgage foreclosure action.

The facts underlying this appeal are not in dispute. On March 19, 2004, Boyd...

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