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CASE NO. 109100 HANSEN APPELLANT'S BRIEF - APPEAL CONFIRMATION OF SHERIFF SALE

CASE NO. 109100 HANSEN APPELLANT'S BRIEF - APPEAL CONFIRMATION OF SHERIFF SALE

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Published by Kelly L. Hansen
METLIFE HOME LOANS f/k/a/ METLIFE BANK, N.A. V. HANSEN, C.T.
KANSAS APPELLATE COURT
CASE NO. 109100

METLIFE HOME LOANS f/k/a/ METLIFE BANK, N.A. V. HANSEN, C.T.
KANSAS APPELLATE COURT
CASE NO. 109100

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Categories:Types, Business/Law
Published by: Kelly L. Hansen on Jun 18, 2013
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09/29/2014

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 No.
109100
  ____________________________________ IN THE COURT OF APPEALS OF THE STATE OF KANSAS ____________________________________ Clarence (C.T.) HansenDefendant-Appellantv.MetLife Home Loans, A Division of MetLife Bank, N.A.Plaintiff-Appellees ____________________________________ BRIEF OF APPELLANT ____________________________________ APPEAL FROM THE DISTRICT COURT OF DOUGLAS COUNTY, KANSASDISTRICT JUDGE ROBERT W. FAIRCHILDDISTRICT COURT CASE NO. 2010-CV-122
APPEAL THE CONFIRMATION OF SHERIFF SALEHELD APRIL 5, 2012
Clarence G. Hansen, Pro Se33605 W. 88
th
StreetDe Soto, KS 66018913-529-9837 No Oral Argument Requested1
 
TABLE OF CONTENTS NATURE OF THE CASE 3ISSUES ON APPEAL 4STATEMENTS OF MATERIAL FACTS 5ARGUMENTS AND AUTHORITIES 5I.ERRORS MADE BY THE COURTA.Failure to Have Property Appraised Prior to Sheriff Sale 3…............................................................................FAILURE TO TIMELY CONFIRM THE SHERIFF SALEAt the outset, Hansen acknowledges that K.S.A. 60-2415 gives the courtdiscretion in determining whether to grant a resale, fix an upset price, or otherwise refuse to confirm the sale. See
 Federal Land Bank of Wichita v.Cummings
, 12 Kan. App. 2d 134, 137, 735 P.2d 1110 (1987). Other morerecent appellate caselaw, however, seems to guide the district court'sdiscretion and to clarify the court's options.B.Failure to Hold a Hearing to Determine of Bid is Adequate 3In
Cimarron Feeders v. Bolle,
28 Kan. App. 2d 439, 451, 17 P.3d 957,
rev.denied 
271 Kan. 1035 (2001), this court indicated that before confirming asale, the court must hold a hearing and determine, even without anobjection, that the bid is adequate. And in the
Olathe Bank 
case, this courtheld that the district court has three options in a confirmation proceeding: "(1) confirm the sale if the bid is substantially adequate; (2) order resale of the property if the bid is substantially inadequate; (3) give the creditor theoption of either giving the debtor credit upon the judgment, interest, taxes,and costs for the value of the property; or reselling."
Olathe Bank 
, 252Kan. at 357 (citing with apparent approval
Cummings
, 12 Kan. App. 2d at138).In
Olathe Bank 
, our Supreme Court also implied that the district court must determine thefairness of the price paid at a foreclosure sale. The court stated:"The price paid for property at a foreclosure sale should reflect theintrinsic value of the property, taking into consideration all thecircumstances affecting the underlying worth of the property at the time of the sale and should not be affected by the impact of the foreclosure proceedings on its value. Allowing a mortgagee bank to reduce the purchase price due to the inherent disabilities associated with a foreclosuresale allows the mortgagee the double recovery that K.S.A. 1991 Supp. 60-2415 was designed to prevent." 252 Kan. 351, Syl. ¶ 3.2
 
C. MetLife Home Loans Incorrectly Alleges Hansen's Failure to Post aSupersedeas Bond Places Him in Error 
State v. Downey
, 198 Kan. 564, 426 P.2d 55 (1967)Here, Citifinancial simply took no action to stay execution of the judgment, such as posting a supersedeas bond under K.S.A. 60-2103(d).Our appellate courts have held that the mere failure to stay execution of the judgment by filing a supersedeas bond does not constituteacquiescence.60-2415(b) 
NATURE OF THE CASE
This is an appeal of an Order of a Confirmation of Sheriff Sale signed by theHonorable Robert W. Fairchild, Division I, of the Douglas County District County Courtin the State of Kansas. Appellant, Clarence (C.T.) Hansen, Pro Se, is appealing the procedural failures of the Douglas County District Court, in the handling of the Sale of his property from the time it was auctioned off on April 5, 2012, through the date theOrder of the Confirmation of Sale of Sale was signed, November 14, 2012.Hansen does have unresolved issues from Appellate Case No. 106846 that willalso be addressed to the Court in this Appellant Court Brief. Hansen respectfully requeststhe Court address these remaining issues, if it is still appropriate to do so.3

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