Real Property : Wrongful Foreclosure – Quiet Title – Holder Of Note

Where a trial court granted summary judgment to homeowners in a wrongful foreclosure and quiet title action, the lender as the holder of the note and deed of trust may enforce the deed of trust securing the note against the owners, and the court erred in granting summary judgment to the owners on the basis that the successor trustee was not properly appointed.

Judgment is reversed and remanded.

Federal National Mortgage Association v. Conover (MLW No. 65915/Case No. WD76276 – 12 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Appealed from circuit court, Clay County, Krauser, J. (Benjamin F. Mann and Christopher C. Miles, Kansas City, Missouri, and Thomas C. Walsh and John J. Schoemehl, St. Louis, for appellants) (Gregory Leyh, Gladstone, for appellee).

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