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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Central Bank of Kansas City v. Mika, 36 S.W.3d 772 (2001)

Citation
Central Bank of Kansas City v. Mika, 36 S.W.3d 772 (2001)
Parent Document
Central Bank of Kansas City v. Mika, 36 S.W.3d 772 (2001)
Jurisdiction
Missouri (state)
Effective Date
2001-01-23

Full Text

658 chars
Meier v. Thorpe, 822 S.W.2d 556 (Mo. App.1992) was an action for wrongful foreclosure. The defendant lender attempted to assert res judicata as a bar to the action, claiming the wrongful foreclosure claim should have been asserted as a de*775fense and counterclaim in the unlawful de-tainer action. The court in Meier held that the claim for wrongful foreclosure could not have been asserted as a counterclaim in the unlawful detainer because a court in an unlawful detainer case lacks subject matter jurisdiction as to a claim for wrongful foreclosure. Accordingly, there was no bar to the subsequent assertion of the wrongful foreclosure claim. Id. at 558.