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HSBC BANK USA, NAT. ASS'N v. WEBER

No. WD 74227.

400 S.W.3d 32 (2013)

HSBC BANK USA, NATIONAL ASSOCIATION, as Trustee for Certificate Holders of Deutsche Alt-A Securities Mortgage Loan Trust — Series 2007-1 Mortgage Pass Through Certificates, Respondents, v. Paul WEBER, et al., Appellants.

Missouri Court of Appeals, Western District.

April 30, 2013.

Attorney(s) appearing for the Case

Ray E. Sousley , Gregory E. Eufinger , Kansas City, MO, for appellant.

Richard L. Martin , Kansas City, MO, for respondent.

Before Division Three: ALOK AHUJA, P.J., and VICTOR HOWARD and GARY D. WITT, JJ.

ALOK AHUJA, Judge.

Paul Weber, Letha Weber, and Susie Q Properties, LLC appeal from a judgment of the Circuit Court of Clay County, which declared a Notice the Appellants had recorded in the land records to be invalid because it constituted a nonconsensual common law lien under § 428.105.1(3).1 Because the owner of the real estate at issue consented to the Notice, we hold that it was not a nonconsensual common law lien subject to...

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