Defendants, William Jeffery, Kristin Jeffery, and 1111 Prospect Partners, L.P., appeal the district court's remand of litigation instituted against them in a Kansas state court by plaintiff, SBKC Service Corporation. The district court held choice of venue clauses in a deed of trust and note involving the parties constituted a grant of permission by defendants to the filing of this action in Wyandotte County, Kansas. Consequently, the court remanded the case to the Wyandotte County District Court.
Defendants appeal that decision.
We believe the terms of the note upon which this action is based do not prohibit removal, and reverse. The loan was evidenced by a promissory note and secured by a deed of trust and standby letter of credit from a California bank. In exchange for the standby letter of credit, the Jefferys executed a personal guarantee to the California bank. When 1111 Prospect defaulted on the loan, Security Bank drew on the letter of credit. Meanwhile, the defendants brought a separate action against SBKC in California, contesting the foreclosure of the California property.