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HENKEL v. ITT BOWEST CORP.

No. 94-4116-SAC.

872 F.Supp. 872 (1994)

Ceres HENKEL and Reiter Land Company, Plaintiffs, v. ITT BOWEST CORPORATION, a financial services company, ITT Residential Capital Servicing Corporation, Defendants.

United States District Court, D. Kansas.

December 19, 1994.

Attorney(s) appearing for the Case

Kevin L. Phillips, Weltmer Law Office, Mankato, KS, Edward J. Nazar, Redmond, Redmond & Nazar, Wichita, KS, for plaintiffs Ceres Henkel, Reiter Land Co.

Philip L. Bowman, Adams, Jones, Robinson & Malone, Wichita, KS, for defendants ITT Bowest Corp., a financial services company, ITT Residential Capital Servicing Corp.

MEMORANDUM AND ORDER

CROW, District Judge.

On May 25, 1994, the plaintiffs filed a petition in the District Court of Jewel County, Kansas. Briefly summarized, the petition alleges that Ceres Henkel, tendered to ITT Bowest Corporation, a financial services corporation, a check in full payment of her mortgage loan.1 ITT is a mortgage servicer; the holder of the mortgage is the F.D.I.C. Henkel then sold part of the property, which...

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