Critical Case Comment – Landmark National Bank v. Kesler, 2009 WL 2633640 (Kan. S.Ct. August 28, 2009) (Rosen)

Landmark National Bank v. Kesler, 2009 WL 2633640 (Kan. S.Ct. August 28, 2009) (Rosen)

MERS does not have a sufficient interest in a mortgage subject to foreclosure that would entitle it to notice or protection under the Due Process Clause of either the United States or Kansas constitutions.

Summary of the Case

In 2004, Boyd Kesler purchased real estate in Kansas and granted a first mortgage to Landmark National Bank in the amount of $50,000 . . .

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