Category Archive for : ‘Articles’

Kansas:  Total Debt Bids in Kansas

A persistent borrower who has appealed her foreclosure several times has forced the Kansas Court of Appeals to clarify its position on total debt bids.

Upon the third review of this case by the Court of Appeals (as noted in the outset of the opinion), the appellant in JPMorgan Chase Bank, Nat'l Ass'n v. Taylor, 2019 Kan. App. Unpub. LEXIS 575 (Ct. App. Aug. 30, 2019) sought reconsideration of the confirmation of sale arguing it was “manifestly unjust.”

The basis for appellant’s claim was that even though JPMorgan Chase had successfully bid its total debt, the fair market value of the property was $50,000 …

The Bankruptcy Court for the Eastern District of Missouri has recently announced increases in the amount of fees for bankruptcy matters that are recoverable from the borrower:

Creditor Attorney Fees in Chapter 13 Cases

The following lists the charges that can be made by creditor counsel, effective immediately:

• Review Plan/File Proof of Claim: $500
• Motion for Relief From Stay: $700
• Notice (post petition fees/payment change): $100
• Notice of Default: $100
• Charges for Objection to Confirmation to be determined on a case by case basis.

If you have any questions please feel free to reach out to Dan West, Shareholder at dan.west@southlaw.com or (314) 655-7001 ext. 301.…

Kansas:  Utilization of Land Reports for Real Estate Located within Federal Indian Reservations

If you have ever reviewed title work for real estate located on a Federal Indian reservation, you have likely encountered some additional requirements stemming from the tribal sovereignty recognized by the United States government.  contacting the Bureau of Indian Affairs (BIA) to request a land report to ensure that the real estate is, in fact, tribal land is warranted before taking on these requirements.

The BIA states that there are approximately 56.2 million acres of land held in trust by the United States for various Indian tribes and individuals.1  White there are various forms of "tribal land"…

Kansas:  Appellate Court Reviews Redemption Period on Reverse Mortgages

The Kansas Court of Appeals recently offered a clear and unequivocal opinion regarding the proper redemption period on home equity conversion or reverse mortgages.

In Kansas, a defendant owner of a property may redeem any real property sold under execution within twelve months from the date of sale [K.S.A. §60-2414(a)]. However, lenders and servicers are often allowed to shorten that redemption period to three months under K.S.A. § 60-2414(m), which provides that if a default occurs “before 1/3 of the original indebtedness secured by the mortgage or lien has been paid, the court shall order a redemption period of three months.” …

Confirmation of Sale Scrutiny in Kansas

Within the last several months, the Kansas Court of Appeals has taken a closer look at the procedure for confirming Sheriff’s Sales in Kansas. K.S.A. §60-2415(a) states, “If the court finds the [sale] regular and in conformity with law and equity, it shall confirm the same.” That statute goes on to set out that, under the courts’ equitable powers, the only basis a court may use to deny a confirmation of sale is finding a bid “substantially inadequate.” While that term is not specifically defined in, we know that a sale for the total debt owed (i.e., “judgment, taxes, interest, and costs”) “shall be …

SouthLaw, P.C., a law firm focusing on the protection of creditors’ rights in Missouri, Kansas, Nebraska and Iowa, has recently hired a new associate attorney for its corporate office located in Overland Park, Kansas.

Kevin L. Boyd joined the firm's Kansas Foreclosure Department in May 2018. He is currently admitted to practice law in both Kansas and Missouri, as well as the U.S. District Court for the Western District of Missouri. He obtained his B.A. in English Literature at Washburn University in Topeka, Kansas.  Through Washburn's international program, Kevin studied British Law and Early Romantic Literature at Cambridge University in England.  In 2013, Kevin graduated from the University of Missouri-Kansas …

SouthLaw, P.C., a law firm focusing on the protection of creditors’ rights in Missouri, Kansas, Nebraska and Iowa, has recently hired a new associate attorney for its St. Louis, Missouri office.

Ryan A. Oberman joined the firm in February 2018 and is an Associate Attorney in the St. Louis, Missouri office. He is currently admitted to practice law before all state and federal Courts in Missouri. He obtained his B.A. in Political Science from Creighton University in 2014.  He obtained his law degree from the University of Missouri in 2017.Ryan focuses his area of practice on representing creditors’ rights in litigation involving chain of title defects, lien priority disputes, boundary …

Kansas:  Court of Appeals Reaffirms Need to Prove Standing at "First Legal Filing"

Kallevig Decision (April 2017) In April 2017 the Kansas Supreme Court made a significant and dramatic ruling that the plaintiff in a foreclosure action must prove its standing at the filing of any petition to foreclose mortgage (also referred to as a “first legal filing”). See FV-I, Inc. v. Kallevig, 306 Kan. 204 (2017).

In summation, Kallevig found: (1) under the Uniform Commercial Code, as “the holder of the instrument,” a plaintiff must show that the note was made payable to the plaintiff or was endorsed in blank and that the plaintiff was in possession of the …