Tenney's Win In The Judicial Foreclosure Kansas Appellate Court Case This was Danny Hammond's 1st Complete and Correct Win
Article III StandingAssignmentsAssignments of Mortgageborrowers civil rightsChain of TitleCivil rightsDue Processforeclosing partyInjury in factLoan ModificationLoan Servicer
“I was playing for time. Just for time.
I played the wrong way, of course.”
Humphrey Bogart as detective Phillip Marlowe
by Danny Hammond of the 3/4 Court Press
Case No. 110.359
IN THE COURT OF APPEALS OF THE STATE OF KANSAS
U.S. BANK NATIONAL ASSOCIATION as Trustee for THE Certificateholders of CITIGROUP MORTGAGE LOAN TRUST INC., Asset-Backed Pass-Through Certificates Series 2007- AMC1, Appellee,
v.
DENNIS W. TENNEY and BECKY TENNEY, et aI., Appellants the appellate court stated:
“Per Curiam: “Dennis and Becky Tenney filed a motion to set aside an agreed
judgment of mortgage foreclosure, claiming that the judgment was void. They argued that
U.S. Bank had not shown that it properly held the note secured by the mortgage therefore it was not the real party in interest, and it therefore lacked standing to sue.
The district court denied the motion, finding that it was untimely. We disagree, because in Kansas lack of standing is jurisdictional and can be raised at any time, and Kansas Law is in lock step with Article III.
The district [Kansas state] court heard that motion the same day it was filed. The judge declined to take evidence, but it did hear arguments of counsel.
The greatest part of the hearing consisted of a colloquy between the district court and the Tenneys' new attorney. Counsel advised the district court that the Tenneys were claiming the judgment was void under Article III and Kansas UCC statute, stating: "I think the judgment is void if they're [U.S. Bank] not the proper party in interest."
The Tenneys' attorney maintained that the issue of whether a judgment was void for lack of standing could be raised at any time. The district court disagreed.
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