Legal Question in Real Estate Law in Kansas

Please translate into Plain english:

Comes now JPMorgan Chase Bank, National Association, by and through its attorney of record, Singer Tarpley & Jones, PA and exhibits to the court the return of the Sheriff under the Order of Sale issued in this action and by virtue of which he sold the real property therein described on August 16, 2013 and shows that said sale has been made in all respects in conformity with provisions of law and the order of this court and moves for the confirmation thereof and for an order directing the sheriff to make and deliver to the purchaser JPMOrgan Chase Bank, National Association of Certificate of Purchase in the manner and form prescribed by law.

Movant further shows the Court that the Plaintiff was granted a judgement against Defendant (Me), in rem, by virtue of a Mortgage Foreclosure judgement entered on June 26, 2013. Said judgement being in the amounts of $25,844.42, with accumulated interest in the amount of $1343.93; together with interest at the rate of 8.75% per annum from April 4, 2013 court costs in the amount of $190.50, title work in the amount of $300.00, attorney fees in the amount of $900.00 and publication costs in the amount of $772.80 which said amounts when combine with the amount of judgement and interested mentioned above represent a grand total of $31,771.59.

Plaintiff further shows the Court that by Sheriff's Return filed in this action, the property sold by him to Plaintiff was for the total amount of $23,375.00 including the costs listed above, which said amount when subtracted from the amount mentioned above leaves a deficiency of $8,396.59. Plaintiff hereby waives any and all deficiency.

Wherefore, Plaintiff herein, JPMorgan Chase Bank, National Association moves that the Court confirm the sale of August 16, 2013 in the amount of $23,375.00 and for such other and further relief as the court deems equitable.


Asked on 8/30/13, 10:51 am

1 Answer from Attorneys

Anthony Smith LawSmith

The Court issued an Order for Foreclosure Sale (Your lender sued you for foreclosure and won) the Sheriff called the sale and sold the property to the plaintiff. The Plaintiff wants the Judge to approve the sale. You probably have redemption rights, but they expire soon. Since you seem to be confused the process (don't be embarrassed, most folks are) so you should consult directly with a civil practice attorney if you wish to keep the property. If so, meet with one very soon.

Good luck

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Answered on 8/30/13, 5:08 pm


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