Kansas Business Attorney » Kansas

Navy Veteran

Counsel — Sat, 17 Jan 2009 21:37:52 +0000

“It is with great pleasure and pride that I offer my endorsement to one of the finest individuals and former military professionals with whom I had the pleasure of serving while we were on active duty together at FASOTRAGRUPAC in the mid-to-late 90’s. As the Commanding Officer of FASOTRAGRUPAC, I had approximately 500 military and Civil Service personnel on my staff … Although the Navy lost a wonderful professional when he elected to pursue graduate studies, we at the command were grateful for his many contributions and shared in his excitement as he and his lovely wife departed to commence his studies at the University of Kansas School Of Law. Dan Covington is a true patriot and gifted professional who served his country with honor and is now taking that talent and dedication to serve his community. Dan deserves every success that his hard work and selfless commitment to duty have earned for him over the years. America needs to produce more individuals like Dan Covington.”

- Marv Serhan, Captain, USN, Ret., Commanding Officer, The United States Navy’s Fleet Aviation Specialized Operationsl Training Group Pacific Fleet

District of Kansas WiFi

Counsel — Wed, 03 Dec 2008 14:39:18 +0000

The U.S. District Court for the District of Kansas is pleased to announce the availability of wireless internet access in the District and Bankruptcy courtrooms in Kansas City, Topeka, and Wichita. The only thing you will need to provide in order to access the internet in the courtroom is a laptop equipped with a wireless network card (802.11 b/g), usually a standard component on most laptops. The attorney workroom at each location is also equipped with wireless internet access in addition to desktop computers which are available for your use. We hope these added features are of assistance to you while you conduct business at the courthouse.

Tags: district kansas wifi

Walnut Valley Festival – Winfield

Counsel — Fri, 19 Sep 2008 20:32:43 +0000

If you are unfamiliar, the Walnut Valley Festival is underway in Winfield, Sep. 17-21. In their own words

The Walnut Valley Association was formed in 1972,with its sole purpose to produce the Walnut Valley National Guitar Flat-Picking Championships Festival, also known as the Flat-Picking Championships, currently known as the “Walnut Valley Festival” or simply “Winfield” to the long time attendees.

Evolving from 2 days in 1972 to its current 4-days the 3rd weekend of September annually, it endeavors to produce “family fare” entertainment on 4 stages simultaneously, a large quality, juried arts and crafts fair, workshops, and acoustic instrument contests. What began with 10 acts and 2 contests now boasts over 40 acts and 8 contests, including one international contest, 5 national contests and 2 Walnut Valley contests.

The contests are a major part of the festival. Along with the National Flat Pick Championships and the National Finger Pick Championships, the Walnut Valley Festival hosts the International Autoharp, National Mountain Dulcimer, National Hammered Dulcimer, National Bluegrass Banjo, Walnut Valley Old Time Fiddle, and Walnut Valley Mandolin Championships. Over the course of years, the contests at Winfield have attracted more than 3,000 contestants from all 50 states as well as many foreign countries including Australia, Canada, Denmark, Sweden, England, Germany, Italy, Japan, New Caledonia, Switzerland, and Wales. Well-known Winfield winners include Mark O’Connor of Nashville, Tennessee, who has won or placed in more Walnut Valley Festival contests than any other contestant. Mark won the National Guitar Flat-Picking Championship in 1975 and 1977, and also won the Walnut Valley Fiddle Championship in 1974 and 1977. Alison Krauss of Nashville, won the Walnut Valley Fiddle Championship in 1984 and Steve Kaufman of Alcoa, Tennessee, is the only three-time winner of the National Guitar Flat-Picking Contest, having won in the years 1978, 1984, and 1986 respectively. (Tennessee has consistently produced the most winners over the years.) Other Winfield winners include Mandolin virtuoso Chris Thile, the Mandolin Champion in 1993 and Dixie Chick fiddler Martie Erwin Seidel in 1987 and 89.

Festival attendance has been between 11,000 and 15,000 annually …

While other events are keeping me local, I cannot attend. However comma. I have just found a live stream on Front Porch Radio. If you’re timely, you are sure to enjoy.

MERS: Another Door Slammed

Counsel — Thu, 18 Sep 2008 14:27:37 +0000

If you are familiar with banking and the mortgage industry, you may have followed with some interest the journey of Mortgage Electronic Registration Systems, Inc. Some large banks contracted in some manner with MERS to act as a clearinghouse of sorts to the extent that at the end of the day, MERS was appearing/acting as Plaintiff in its capacity as “nominee for the mortgagee _________”. Without knowing how widespread was the blanket of rulings, I noticed that perhaps beginning in Florida about two years ago, courts began consistently ruling that MERS did not, in its nominee capacity, have standing to foreclose mortgages or litigate on behalf of the true mortgagees.
Now, the Kansas Court of Appeals has affirmed shutting another door in the face of MERS. See Landmark National Bank v. Kesler, et al. In addition to not allowing the mortgagee to intervene beyond time after judgment and sale (go figure), the Court examined what it is that a ‘nominee’ purports to be:

… But for reasons thought beneficial by a group of lenders who trade mortgages, the form of mortgage used in this case designates an entity that is not the lender as the mortgagee. See MERSCORP, Inc. v. Romaine, 8 N.Y.3d 90, 96, 828 N.Y.S.2d 266, 861 N.E.2d 81 (2006) (MERS was established by large lenders to allow easy electronic trading and tracking of mortgages). Specifically, the mortgage says that the mortgagee is MERS, though “solely as nominee for Lender.” Does this mean that MERS really was the mortgagee, even though it didn’t lend money or have any rights to loan repayments? Assuming so, MERS argues that it was a necessary party to the foreclosure and that the foreclosure must be set aside. But the premise upon which MERS bases this argument is flawed.

What is MERS’s interest? MERS claims that it holds the title to the second mortgage, not the real estate. So it does, but only as a nominee. In terms of the roles that we’ve discussed in the mortgage business, MERS holds the mortgage but without rights to the debt. The district court found that MERS was merely an agent for the principal player, Millennia. While MERS objects to its characterization as an agent, it’s a fair one.

MERS had no right to the underlying debt repayment secured by the mortgage; MERS did not even act as the servicing agent to receive the payments and remit them to the lender. MERS’s right to act to enforce the mortgage was strictly limited: if “necessary to comply with law or custom,” MERS could foreclose the mortgage or enter a release of the mortgage. MERS certainly could not act at odds to its principal, the lender. Its role fits the classic definition of an agent: one “‘authorized by another to act for him, or intrusted with another’s business.’” In re Tax Appeal of Scholastic Book Clubs, Inc., 260 Kan. 528, 534, 920 P.2d 947 (1996) (quoting Black’s Law Dictionary 85 [4th ed. 1968]).

Only one Kansas case has discussed the meaning of nominee in any detail. In Thompson v. Meyers, 211 Kan. 26, 30, 505 P.2d 680 (1973), the court noted that the meaning of the term may vary from a pure straw man or limited agent to one who has broader authority.

But whatever authority the nominee may have comes from the delegation of that authority by the principal. In its ordinary meaning, a nominee represents the principal in only a “nominal capacity” and does not receive any property or ownership rights of the person represented. See, e.g., Cisco v. Van Lew, 60 Cal. App. 2d 575, 583-84, 141 P.2d 433 (1943); see also Applebaum v. Avaya, Inc., 812 A.2d 880, 889 (Del. 2002) (referring to nominees “as agents of the beneficial owners”). The Millennia mortgage does not purport to give MERS any greater rights than normally given a nominee. The mortgage says that MERS acts “solely as nominee for Lender.” There is no express grant of any right to MERS to transfer or sell the mortgage or even to assign its duties as nominee. Nor does MERS obtain any right to the borrower’s payments or even a role in receiving payments.

Courts across the country have said a lot about mortgagees and MERS acting as ‘nominee’. My father is not quite so wordy. He would call it “getting too smart for their own good.” Well said.

Kansas Gambling Law is Constitutional

Counsel — Fri, 27 Jun 2008 15:14:59 +0000

Per the Kansas Supreme Court’s press release of June 27, 2008:

RE: Case No. 99,957: State ex rel. Stephen Six v. Kansas Lottery and Ed Van Petten

The state Supreme Court today upheld the constitutionality of the 2007 Kansas Expanded Lottery Act (KELA).

The Court, in a 22-page unanimous opinion authored by Justice Eric S. Rosen, said that “while the state is not the exclusive owner and operator of all aspects of the lottery enterprise under KELA, the state owns and operates the enterprise itself and owns and operates key elements of the lottery,” thus complying with 1986 constitutional amendments.

A summary of the opinion is here, or read the full text.

Todd Burroughs — Taylor Design Group, P.A.

Counsel — Thu, 08 May 2008 20:15:25 +0000

Todd Burroughs, Taylor Design Group, Ottawa, has been elected vice president of the Kansas Society of Land Surveyors — an organization dedicated to the promotion of the common good and welfare of members engaged in the practice of Land Surveying, to foster high standards of professional ethics and practice, to promote the study of Land Surveying problems and the education of Land Surveyors (thus encouraging public faith in the reliance of Land Surveyors and their work).
Taylor Design Group, P.A. is a professional surveying and civil engineering firm. The company began as Taylor Surveying in 1983, and we have been providing quality professional surveying services for over 20 years. In July 2003, the name was changed to Taylor Design Group, P.A., and the services offered were expanded to include civil engineering and land development planning services. Taylor Design Group, P.A. is KDOT pre-qualified for engineering design, surveying and construction inspection.

One Shining Moment

Counsel — Fri, 11 Apr 2008 20:54:08 +0000

for Kansas Jayhawks …

Amen Corner

Counsel — Thu, 10 Apr 2008 16:31:44 +0000

It’s either just to the left (the KU bench) or the intersection of Naismith and Allen Fieldhouse Drive…take your pick. (Click here for the actual live video feeds of the Masters.)

Jayhawk Celebration

Counsel — Thu, 10 Apr 2008 13:55:16 +0000

Bill Self speaks at Memorial Stadium to a crowd of 25,000.

Jayhawk Parade

Counsel — Thu, 10 Apr 2008 03:41:43 +0000

Sunday 3:00 on Mass; doors open (to public) at Allen Fieldhouse at 5:00; and men’s annual basketball awards ceremony will begin at 6:00.

Can you name this trio of 1988 Jayhawks?

Tags: ku+parade1988

Allen Fieldhouse Erupts

Counsel — Tue, 08 Apr 2008 16:21:30 +0000

Love That Crimson Blue by BicMedia: Rock Chalk Jayhawk

Counsel — Mon, 07 Apr 2008 13:44:14 +0000

Thanks to BicMedia “Professional Audio/Video Production”, Leawood, Kansas, we can all enjoy a little Jayhawk audio to get through the day.

While you’re here, why not click to KU’s ecard site , quick-fill in the blanks and send some KU love to your favorite sports fan, family, Memphis fan, you get the idea.

And don’t forget fun for kids; go here to download/print the pattern for Jayhawk aircraft.

MartinLogan speakers: you know you want them

Counsel — Thu, 04 Oct 2007 16:04:17 +0000

Link (Gizmodo): <Configure Your Own High-End MartinLogan Speakers> Straight from Lawrence, Kansas, get these speakers and you’ll know for the first time the meaning of “high-end” sound. But get this: you can go to MartinLogan’s website, and (as Gizmodo puts it) “digitally fondle” your speakers (virtually configure your order online). Real. Good. Sounds.

Tags: martinlogan, gizmodo, martinlogan+speakers, martin+logan, martin+logan+speakers

FHSU on Itunes U

Counsel — Sat, 12 May 2007 22:13:38 +0000

While I’m at Fort Hays, how cool is FHSU on Itunes U ! Check it out:

FHSU on iTunes U is a storehouse of up-to-date
content for students, faculty, alumni, and the community. Audio
and video files can be played, downloaded, and subscribed to for
convenient access.

I remember in 1987, Dr. Hammond spoke of making FHSU a “high-tech, high-touch university.” If you’ve been paying attention since then, his success in this realm is tough to debate.

Tags: itunes, itunes+u, fhsu, fort+hays, kansas, ed+hammond, hays, kansas, apple, ft+hays

Nola Ochs, at age 95, graduates Fort Hays State

Counsel — Sat, 12 May 2007 22:03:17 +0000

I was proud to attend the FHSU Commencement today to see my nephew graduate, but it had to warm everyone’s hearts to watch Nola Ochs stride across the stage (without assistance I might add) under a mortar board to become the world’s oldest person to earn a bachelor’s degree from an accredited 4-year university. Dr. Larry Gould shared some very nice comments and congratulations as Ms. Ochs waited to get her diploma from Gov. Kathleen Sebelius and Dr. Edward H. Hammond. The press came and went, but the inspiration from Nola Ochs (and her graduation with her granddaughter, Alexandra) is sure to last.

Tags: Nola+Ochs, oldest+graduate, fort+hays, fhsu, 95, hays, kansas