March 3, 2014

Kansas Court of Appeals Upholds Summary Judgment in Favor of Wells Fargo

By Ebube Okoli

The Court of Appeals of Kansas in deciding Wells Fargo Bank, N.A. v. Richards, 2013 Kan. App. LEXIS 1160 (Kan. Ct. App. 2013) ultimately affirmed the lower court’s granting of summary judgment for Wells Fargo. Plaintiff appealed the lower court’s … Continue reading

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March 3, 2014 in Kansas | Permalink | No Comments

February 20, 2014

Kansas Court of Appeals Finds that Wells Fargo’s Possession of Signed Promissory Note was Sufficient to Enforce and Foreclose

By Ebube Okoli

The court in deciding Wells Fargo Bank, N.A. v. Richards, 2013 Kan. App. 1160 (Kan. Ct. App. 2013) affirmed the lower court’s decision finding that Wells Fargo had standing to bring foreclosure action. On January 25, 2013, the lower court … Continue reading

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February 20, 2014 in Kansas | Permalink | No Comments

February 18, 2014

Kansas Court of Appeals Finds Note Splitting Argument Lacked Merit

By Ebube Okoli

The court in deciding Wells Fargo Bank, N.A. v. Richards, 2013 Kan. App. 1160 (Kan. Ct. App. 2013) ultimately upheld the lower court’s decision. The plaintiff [Chester E. Richards, Jr.], appealed the lower court’s decision which granted summary judgment to … Continue reading

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February 18, 2014 in Kansas | Permalink | No Comments

November 13, 2013

Kansas Appellate Court Holds that MERS Does Not Have Standing to Initiate Foreclosure Against Homeowners

By Karume James

The Kansas state Court of Appeals in Mortgage Electronic Registration Systems, Inc. v. Graham, 44 Kan.App.2d 547 (KS Ct. App. 2010) held that MERS did not have standing to start a foreclosure action against two Kansas homeowners because the entity is … Continue reading

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November 13, 2013 in Kansas | Permalink | No Comments

July 2, 2013

Kansas Supreme Court Holds That a Non-Lender to a Mortgage is Not a Necessary Party in Foreclosure Action

By Ebube Okoli

In Landmark Nat. Bank v. Kesler, 216 P.3d 158 (KS 2009), the court dealt with the issue of what exactly constitutes a necessary party to a foreclosure action. MERS and Sovereign Bank sought review of a lower court judgment, which … Continue reading

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July 2, 2013 in Kansas | Permalink | No Comments

March 28, 2013

Kansas Bankruptcy Court Finds that Agency Relationship Exists With Use of the Word “Nominee”

By Gloria Liu

Martinez v. MERS, et al., No. 09‐40886, 2011 WL 489905 (Bankr. D. Kan. Feb. 10, 2011), the court held that assignment of the Note and Mortgage to different entities does not render them void because such a split may be … Continue reading

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March 28, 2013 in Kansas | Permalink | No Comments

March 2, 2013

Kansas Court of Appeals Holds that Severance of Mortgage and Note Cured by Subsequent Assignment of Mortgage from MERS to Bank

By Gloria Liu

In U.S. Bank v. Howie, 280 P.3d 225 (Kan. App., 2012), the court held that U.S. Bank had standing to foreclose because there was an agency relationship between MERS and U.S. Bank. It also upheld that severance can be cured … Continue reading

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March 2, 2013 in Kansas | Permalink | No Comments