Williams v. Kimes

Reba LaFont held a life estate in 72 acres, with a contingent remainder in her presumptive bodily heirs who would take fee simple at her death. She mortgaged the property and defaulted; the bank foreclosed in 1988, giving notice to LaFont but not to the heirs, and the Kimeses (defendants) bought the property. When LaFont died in 1993, her two bodily heirs, Anita Kay Williams and James LaFont (plaintiffs), sued, claiming the sale was invalid against their interest because they never received actual notice. The trial court upheld the sale, and they appealed.

Whether a foreclosure sale is valid against holders of a recorded contingent remainder who did not receive actual notice of the sale.