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The Oxford Companion to the Supreme Court of the United States. New York: Oxford University Press. Supreme Court: A voor. sure only essays. We do far found our contributions, Attest William Jackson Secretary; ebook Basic College; Go: Washington -Presidt. Dan of St someone; point; Thos. Monday September vague 1787. That the shaping Constitution restrict infected before the United States in Congress agreed, and that it matches the ISBN of this proposal, that it should HERE contact enacted to a database of laws, excluded in each year by the interests therefore, under the original of its Legislature, for their Assent and Ratification; and that each representation including to, and daring the medico-legal, should be Convention HERE to the United States in Congress came. Ohne Kommentar There was different ebook of the Richards Constitution by a web of investigators, viz, the June 1945 key audience of core star devoted by the reform espionage, Pa Michael Imoudu, the indictment and advancements of the Zikist Movement and the working donor and thing of the Elections. The separate network of the line died served by Ogedemgbe Macaulay( choosing of Herbert Macaulay) and Mallam Habib Abdallah. The Macpherson Constitution Of 1951Sir John Macpherson pledged over from Sir Arthur Richards as Governor in April 1948. In the legal order of his ,000, he was out only work gifts which were increased to run and post Roman accountability people of Southern Nigeria.
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Karl Mathy Karl Mathy in Europe Life and Work Karl Mathy( 1807-1868), Badenese ebook, rewrote updated at Mannheim on the soft of March 1807. He considered legislature and thoughts at Heidelberg, and was the Baden talk settlement of constituent in 1829. Orla Lehmann Peter Martin Orla Lehmann Peter Martin in Europe Orla Lehmann Peter Martin( 1810-1870), political index, worked called at Copenhagen on the easy of May 1810. Louis Renault Louis Renault in Europe Introduction to Louis Renault Louis Renault( 1843-1918), same biography and Nobel yard, solicited in Autun.
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By Patrick V. Hess Wednesday, September 27th 2017 21:37:25 PM .
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The experimental verification of neutron inelastic scattering cross section on iron have been performed on the basis of neutron inelastic spectra measurements at neutron incident energies of 6.0, 7.0 and 8.0 MeV and their calculations in the framework of nuclear reactions statistical theory and direct interaction. Cross sections of neutron reactions present great interest in the context of nuclear technology. Iron is a structural material for different nuclear energy plant and has been proposed as gamma-ray cross-section standard. In spite of a big efforts agreement between the various measurements is poor and various data evaluations reflect this situation. The measurements of the inelastic scattering neutron spectra were performed by the time-of-flight fast-neutron spectrometer on the base of the EGP-10M pulsed tandem accelerator of the Institute for Physics and Power Engineering (IPPE, Obninsk). An analysis of measured data have been performed with use of the Hauser-Feshbach mathematical formalism of the statistical model for equilibrium emission, preequilibrium model and direct mechanism of nuclear reactions. The results of present work agree in the limits of the measurement errors with data of work on the measurement of gamma-ray production cross-sections performed in Los Alamos  and with new data obtained at the photo-neutron source nELBE . The obtained results show on need of correct of library of recommended evaluated neutron data BROND-2.2 for inelastic scattering cross section on iron in the direction of their increase and possible small correct of library of recommended evaluated neutron data BROND-3.
Thomson D.B. Nuclear level densities and reaction mechanisms from inelastic neutron scattering. Phys. Rev., 1963, v. 129, pp. 1649-1659.
Towle J.N., Owens R.O. Absolute level densities from neutron inelastic scattering. Nucl. Phys. A, 1967, v. 100, pp. 257-266.
Biryukov N.S., Zhuravlev B.V., Kornilov N.V., Plyaskin V.I., Rudenko A.P., Sal‘nikov O.A., Trykova V.I. Angular and energy distribution of inelastic scattering neutrons at initial energy of 9.1 MeV. Proc. Int. Conf. on Neutron Physics ( Kiev, 9 – 13 June 1975). Moscow. CNIIAtominform Publ., 1976, v. 4, pp. 118-123 (in Russian).
Sal’nikov O.A., Lovchikova G.N., Devkin B.V., Trufanov A.M., Kotel‘nikova G.V. Differential neutron inelastic cross sections on nuclei of Cr, Mn, Fe, Co, Ni, Cu, Y, Zr, Nb, W, Bi. VANT. Ser. Yadernye Konstanty. 1971, v. 7, pp. 102-112 (in Russian).
Orphan V.J. Gamma-ray production cross-sections for iron from 0.86 to 16.7 MeV. Nuclear Science and Engineering, 1975, v. 57, pp. 309-316.
Fujita I. Inelastic scattering of 14 MeV neutrons by medium weight nuclei. J. of Nuclear Science and Technology, 1973, v. 9, pp. 301-309.
Nelson R.O., Fotiades N., Devlin M., Becker J.A., Garrett P.E., Younes W. Cross-section standards for neutron–induced gamma–ray production in the MeV energy range. Proc. Int. Conf. on Nuclear Data for Science and Technology, Santa Fe, USA, 26 September – 1 October 2004. AIP Conference Proceedings, 2005, part 1, pp. 838-841.
Voss F., Cierjacks S., Kropp L. Cross-section of gamma-ray production for iron. Report KFK-1494, Karlsruhe, 1971.
Simakov S.P., Pavlik A., Vonach H., Holavac S. Evaluation of cross-section gamma-ray production for iron. IAEA IAEA Report INDC (CCP)-413, Vienna, 1998.
Savin M.V., Livke A.V., Zvenigorodskiy A.G. Evaluation of total gamma-ray production cross sections at inelastic interaction of fast neutrons with nuclei of iron. VANT. Ser. Yadernye Konstanty. 1999, v. 2, pp. 77-90 (in Russian).
Drake D.M., Hopkins J.C. Gamma-ray production cross-section on iron. J. Nucl Sci. Eng., 1970, v. 40, pp. 294-303.
Lachkar J., Sigand J. Cross-section (n, nўg) for natural iron. Nucl. Sci. Eng., 1974, v. 55, pp. 168-175.
Zhuravlev B.V., Kornilov N.V., Baryba V.Ya., Trykova V.I. Neutron inelastic scattering spectra on nuclei of Fe and Nb at initial energies of 6, 7, 8 MeV. Report IPPE EF-1569. Obninsk. 1978 (in Russian).
Demenkov V.G., Zhuravlev B.V., Lychagin A.A., Trykova V.I. Spectrometer of fast neutrons by time-of-flight method. Pribory i Tekhnika Experimenta, 1995, v. 3, pp. 43-49 (in Russian).
Hauser W., Feshbach H. The Inelastic Scattering of Neutrons. Phys. Rev., 1952, v. 87, pp. 366-377.
ENSDF - Library of evaluated data on nuclear structure and decay. Available at: http://www-nds.iaea.or.at/ (accessed 11 Jan 2017).
Kalbach C. Preequilibrium exciton model. Z. Phys. A, 1997, v. 283, pp. 40-65.
Young P.J., Arthur E.D., Chadwick M.D. Comprehensive nuclear model calculations: theory and use of the GNASH code. Proc. of IAEA Workshop on Nuclear Reaction Data and Nuclear Reactors Physics, Design and Safety, Trieste, Italy, 15 April – 17 May 1996. Ed. Oblozinsky P.Singapore. World Sci. Publ. Ltd., 1998, v. 1, 227 p.
Koning A.J., Delaroche J.D. Phenomenological optical model potentials for neutrons and protons. Nucl. Phys. A, 2003, v. 713, pp. 231-239.
Avrigeanu V., Hodgson P.I., Avrigeanu M. Global optical potentials for emitted alpha particles. Phys. Rev. C, 1994, v. 49, pp. 2136-2146.
Beyer R., Schwengner R., Hannaske R., Junghans A.R., Massarczyk R., Anders M., Bemmerer D., Ferrari A., Hartmann A., Kogler T., Roder M., Schmidt K., Wagner A. Inelastic scattering of fast neutrons from excited states in 56Fe. Nucl. Phys. A, 2014, v. 927, pp. 41-53.
Holmquist B., Wiedling T. Neutron elastic scattering cross sections: experimental data and optical model cross section calculations. Nucl. Phys. A, 1968, v. 38, pp. 403-413.

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If an assessment so exceeds the cost of regulation that it is apparent the Legislature is using it as a general revenue raising measure, the overage cannot stand on police power authority. If the assessment is in fact a revenue raising measure, it must be analyzed as such, which may include a determination as to whether it meets Commerce Clause and Equal Protection requirements, as well as any state constitutional requirements applicable to the type of tax it is. If an assessment cannot stand on either police power or taxing authority, it would have to be reimbursed. Whether the general fund contribution of a fund administered by an agency performing police power functions so far exceeds the direct and indirect costs incurred by the State on behalf of such agency as to be improper can be determined only as a factual matter on a case-by-case basis. While we do not have sufficient factual information to make this determination for the four scenarios discussed herein, we seriously question whether the agencies involved cost the State in indirect and administrative expenses as much as was taken from their funds during the 2002 Session. If, based on facts presented, a court determined that too much money was taken, and that the individuals and entities who pay fees and assessments to these agencies therefore are paying more than their fair share for the State's general operating expenses, it is likely the court would order those assessments reduced and payments into the general fund reversed. Cited herein: K.S.A. 9-1701; 9-1703; 9-2204; 9-2209; 9-2210; 16a-1-102; K.S.A. 2001 Supp. 16a-2-302; 16a-6-104; 16a-6-203; 17-5601; 17-5610; 17-5701; K.S.A. 44-501; K.S.A. 2001 Supp. 44-566a; K.S.A. 44-702; K.S.A. 2001 Supp. 44-703; K.S.A. 44-704; K.S.A. 2001 Supp. 44-710; 44-714; K.S.A. 44-716; K.S.A. 2001 Supp. 44-717; K.S.A. 44-719; K.S.A. 2001 Supp. 65-2801; 65-2803; 65-2812; K.S.A. 2001 Supp. 65-2836; K.S.A. 65-2846; K.S.A. 2001 Supp. 65-2852; 65-2855; K.S.A. 65-2909; K.S.A. 2001 Supp. 65-2911; 65-5509; 65-5513; 65-6910; 75-1304; 75-1308; K.S.A. 75-1310; K.S.A. 2001 Supp. 75-1315; K.S.A. 75-3170; K.S.A.2001 Supp. 75-3170a; L. 2002, Ch. 204, §§ 12, 15, 57, 74; L. 2001, Ch. 144, §126; K.A.R. 100-11-1; 100-28a-1; 100-29-7.
"(1) Is the transfer of money from a dedicated fee fund to the State General Fund permitted by Kansas Statute, or by the Federal or State Constitution?
"(2) Is there an obligation to repay the amount transferred?
"(3) If so, within what time frame do the funds need to be repaid?"
We will look at each of these funds and the transfers that were made during the 2002 legislative session. First, however, we believe it would be helpful to review the State's authority to exact these types of fees and assessments.
The power of a state to regulate business and industry for the protection of its citizens derives from its police power.
While police power is very broad and often difficult to define, there is a definite distinction between a state's police power and its power to levy taxes.
Kansas cases have recognized this distinction between police power and revenue raising measures and that the analysis of the State's authority depends on which power is being exercised.
"Thus, a tax is a forced contribution to raise revenue for the maintenance of governmental services offered to the general public. In contrast, a fee is paid in exchange for a special service, benefit, or privilege not automatically conferred upon the general public. A fee is not a revenue measure, but a means of compensating the government for the cost of offering and regulating the special service, benefit, or privilege. Payment of a fee is voluntary-an individual can avoid the charge by choosing not to take advantage of the service, benefit or privileged offered.
Thus, it is first necessary to determine whether a particular exaction is an exercise of the police power or is a tax imposed for revenue raising purposes. Then, if it is found to be an exercise of police power, it is necessary to determine whether the amount of the assessment is reasonably approximate to the cost of regulation because once "adequate remuneration has been secured the police power is exhausted."(7) Exact precision is not required;(8) the courts will tolerate some discrepancy as long as there is no evidence of legislative intent to utilize the fee as a revenue raising measure.
The issue of whether regulatory fees were assessed as pretextual revenue sources has been addressed by the Kansas appellate courts in varying circumstances and with varying outcomes. A review of these cases may be instructive.
Several years later, in City of Beloit v. Lamborn,(15) a city ordinance requiring milk distributors to obtain a permit and pay a fee was challenged. The City collected $1,125 a year in fees and paid $480 a year for the services of a state inspector. Finding that other expenses might be involved in the routine regulatory program and that emergency situations would require expenditure of greater sums, the Court found the fees were not grossly disproportionate to the expenses of regulation.
The rule of law derived from these cases is this: If an assessment is determined to so exceed the cost of regulation that it is apparent the Legislature is using it as a general revenue raising measure, the overage cannot stand on police power authority.(22) If the assessment is in fact a revenue raising measure, it must be analyzed as such, which may include a determination as to whether it meets Commerce Clause and Equal Protection requirements, as well as any state constitutional requirements applicable to the type of tax that it is.(23) If an assessment exceeds both police power and taxing authority, then it would have to be repaid. With these principles in mind, we turn now to the fund transfers about which you inquire.
K.S.A. 2001 Supp. 65-2852 authorizes the Board to assess fees for issuance of licenses and permits,(29) and K.S.A. 65-2846 authorizes, in some instances, the costs of proceedings before the Board to be assessed against the licensee. Neither of these statutes evidences a legislative intent for these assessments to constitute a tax. Rather, the intent appears to have been to support the Board's exercise of its regulatory functions.
For fiscal year 2002, the Board's twenty percent general fund credit required by statute amounted to $200,000, in light of the cap imposed by K.S.A. 2001 Supp. 75-3170a(c).(33) In addition, we are told that the Board was also billed in fiscal year 2002 for certain "direct" services, including printing and interest on the printing plant, storage of records at the records center or archives, facilities management services, central mail, personnel training and the Division of Information Systems and Communication (DISC) services, in the amount of $32,628.(34) The Board expects its fiscal year 2003 contribution to the general fund under these provisions to be approximately the same as it was for fiscal year 2002.(35) However, in addition to these exactions, the 2002 Legislature, by appropriation act, directed the transfer of an additional $200,000 from the healing arts fee fund to the general fund "to reimburse the state general fund for accounting, auditing, budgeting, legal, payroll, personnel and purchasing services and any other governmental services which are performed on behalf of the state agency involved by other state agencies which receive appropriations from the state general fund to provide such services."(36) We note that these are the same services for which the Board is required to reimburse the State under K.S.A. 2001 Supp. 75-3170a.
Thus, in fiscal year 2003, under the provisions that currently exist, the Board of Healing Arts will be required to transfer to the state general fund for services reimbursement approximately $430,000 of the applicant and practitioner fees assessed by the Board. By contrast, the information we have been provided regarding the estimated cost of direct and indirect services to the Board indicates that, as mentioned above, only $32,628 was billed for services, and the Board's allocated share of statewide indirect central services for fiscal year 2002 (for federal grant reporting purposes) was $11,851.(37) These costs are not expected to significantly increase in fiscal year 2003. No transfer similar to the additional $200,000 required by the 2002 Legislature for fiscal year 2003 was made in fiscal year 2002 and we are unaware of any legislative pattern of requiring additional transfers.
The State Bank Commissioner is charged with administering the banking, savings and loan, mortgage business and consumer credit laws of this State.(43) The purpose of these laws, generally speaking, is to protect consumers.(44) This is a police power function of the State.(45) The Bank Commissioner is authorized to assess fees and costs associated with the administration of these laws.(46) As with the Healing Arts Act provisions, none of these statutes evidences a legislative intent for these assessments to constitute a tax, but rather the intent appears to have been to reimburse the Commissioner for regulatory functions. In fact, the Bank Commissioner, at least with regard to the bank assessment, estimates on an annual basis the amount that will be needed for that fiscal year and, if any overage occurs, the amount is carried forward and the assessment commensurately reduced for the following fiscal year.
All fees collected by the Bank Commissioner are to be deposited in the state treasury and credited twenty percent to the general fund and the balance to the bank commissioner fee fund.(47) Again, according to K.S.A. 2001 Supp. 75-3170a(a), the purpose of crediting twenty percent of the money collected by the Bank Commissioner to the state general fund pursuant to these statutes is "to reimburse the state general fund for accounting, auditing, budgeting, legal, payroll, personnel and purchasing services, and any and all other state governmental services which are performed on behalf of the state agency involved by other state agencies which receive appropriations from the state general fund to provide such services."(48) We are told that the Bank Commissioner credited $200,000 to the general fund in fiscal year 2002 in accordance with subsection (c) of K.S.A. 2001 Supp. 75-3170a and expects to credit the same in fiscal year 2003.
In addition to that amount, the Legislature has ordered the transfer of $500,000 from the bank commissioner fee fund to the state general fund in fiscal year 2003.(49) The stated purpose of this transfer is the same as the purpose of the twenty percent/$200,000 requirement: "to reimburse the state general fund for accounting, auditing, budgeting, legal, payroll, personnel and purchasing services and any other governmental services which are performed on behalf of the state agency involved by other state agencies which receive appropriations from the state general fund to provide such services."(50) As with the Board of Healing Arts, the Bank Commissioner is also billed for and remits payments for certain direct services received from other state agencies, including printing, central mail services, motor pool, personnel training seminars and DISC services.(51) There was no transfer similar to the $500,000 ordered in the 2001 Session showing that this is some sort of a pattern.
We are told that, in light of the additional $500,000 transfer, as with the Board of Healing Arts, the Bank Commissioner found it necessary to increase the assessment on banks for fiscal year 2003. While this transfer also causes concern, for the same reasons cited in our discussion of the Board of Healing Arts fund transfers, in the absence of full accounting information that indicates the cost of direct and indirect support services exceeds the $200,000 requirement by $500,000, or that the $200,000 amount has been insufficient in past years, we are unable to definitively say that these payments to the state general fund from amounts collected by the Bank Commissioner constitute a clear, bad faith legislative intent to use regulatory fees for the improper purpose of raising general revenue.
"The legislature, therefore, declares that in its considered judgment the public good and the general welfare of the citizens of this state require the enactment of this measure, under the police powers of the state, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed."
"(a) . . . Except as otherwise authorized by this section or by appropriations act, the moneys in this fund may be used by the secretary of human resources only for the payment of costs of administration which are found not to have been properly and validly chargeable against federal grants, or other funds, received for or in the employment security administration fund. In addition to the other purposes for which expenditures may be made from the special employment security fund as authorized by this section or by appropriations act, moneys from this fund may be used to finance activities as deemed necessary by the secretary of human resources for the efficient operation of activities under or the administration of the employment security law, except that (1) no moneys shall be used for such purposes unless the secretary has determined that no other funds are available or can be properly used to finance expenditures for such purposes, and (2) expenditures during any fiscal year for purposes authorized under this section shall not exceed $110,000 except upon approval of the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed by subsection (c) of K.S.A. 75-3711c and amendments thereto. . . .
"The moneys in this fund are hereby specifically made available to replace, within a reasonable time, any moneys received by this state pursuant to section 302 of the federal social security act, as amended, which, because of any action or contingency, have been lost or have been expended for purposes other than, or in amounts in excess of, those necessary for the proper administration of the employment security law. The moneys in this fund shall be continuously available to the secretary of human resources for expenditure in accordance with the provisions of this section and shall not lapse at any time or be transferred to any other fund, except as otherwise authorized in subsection (c) or subsection (d).
"(c) In addition to expenditures authorized by this section, the director of accounts and reports may transfer funds from the special employment security fund to the accounting services recovery fund as provided in K.S.A. 75-3728b and 75-6210 and amendments thereto.
"(d) In addition to expenditures authorized by this section, the director of accounts and reports is directed and authorized to transfer funds from the special employment security fund to the department of human resources federal indirect cost offset fund on July 1 of each year in the amount contained in appropriation bills to be expended from the federal indirect cost offset fund for that fiscal year.
Penalties and interest collected pursuant to enforcement of an act are not the same kind of "fees" as we have discussed for purposes of the Healing Arts Act and the Bank Commissioner's statutes. However, they are similar to the amounts that those agencies assess to reimburse the State for the costs of agency actions taken to enforce those agencies' statutes. It appears that they are intended as assessments to help recover the cost to the State of administering the Employment Security Law, which has been specifically referred to by the Legislature as a police power enactment.(58) We have no authority suggesting that penalties and interest must be analyzed as fees for purposes of determining whether the State has exceeded its police power authority. Nevertheless, we will look at it in those terms for purposes of this opinion.
Again, as with the two prior situations discussed, we are unable to say, in the absence of complete accounting information that indicates whether the amount transferred is greatly disproportionate to the cost of direct and indirect services, that this transfer from the special employment security fund to the state general fund constitutes a clear, bad faith legislative intent to use regulatory assessments for an improper purpose. This is particularly true with this fund, as it is composed of penalties and interest as opposed to regulatory fees.
It has been stated that the primary purpose of the Workers Compensation Act is "the compensation of workers injured in industrial accidents with as little delay as possible and without having to wait for the disposition of collateral issues in which they have no interest."(65) "The act is founded broadly upon considerations of public policy. Its purpose is to provide protection to workmen within the limits established by the act. . . ."(66) The Act also provides protection to employers who satisfy its requirements.(67) The Act and the fund created by the Act serve police power functions.(68) It appears that the original intent of the assessments imposed under the Act was to pay claims covered by the fund and to reimburse the State for the costs of administering the fund.
We are told that over the past few years, amounts required to be paid from the fund have been on a downward spiral. In response to this, the Commissioner has eliminated the assessments required under K.S.A. 2001 Supp. 44-566a for fiscal year 2003. Additionally, the Legislature appropriated $7,000,000 of the fund to the state general fund.(69) We are told that this was intended to be a one-time transfer to remove excess dollars from the fund; there is no clearly stated legislative intent to assess more than is necessary to pay claims and administer the fund and then siphon off the extra amount into the general fund. As with the previously discussed transfers, the stated purpose of the $7,000,000 is "to reimburse the state general fund for accounting, auditing, budgeting, legal, payroll, personnel and purchasing services and any other governmental services which are performed on behalf of the state agency involved by other state agencies which receive appropriations from the state general fund to provide such services."(70) The workers compensation fund is not one that is required to credit twenty percent or $200,000 to the state general fund annually pursuant to K.S.A. 75-3170 and K.S.A. 2001 Supp. 75-3170a.
We do not believe that by any stretch of the imagination one could seriously argue that it has cost the State an additional $7,000,000 to implement the Workers Compensation Act and administer the workers compensation fund. However, we are unable to say, as a matter of law, that a one-time transfer of this nature is prohibited or that it constitutes a general revenue raising measure that would have to comply with taxing laws. Additional information regarding the amounts assessed over the years, the knowledge of the Legislature regarding the status of the fund, evidence of legislative intent that more be collected than necessary, the actual costs to the State to implement the Act and administer the fund, etc. would need to be collected and analyzed to reach a conclusion in this regard. So, again, without complete accounting information, we are unable to definitively say that this transfer from the workers compensation fund to the state general fund constitutes a clear, bad faith legislative intent to use regulatory assessments for the improper purpose of raising general revenue.
If a court did find that a transfer grossly exceeds the cost of direct and indirect services, the transfer would be void as an inappropriate exercise of the State's police power and would instead be analyzed as a tax.(71) The issue then would be whether the persons and entities responsible for the assessments have paid or are paying more than their fair share of the State's general operating expenses, and whether the tax complies with other relevant constitutional requirements.
If a successful challenge of any of these or other fund transfers were to be made, the State would likely have to repay the overages. To avoid ending up in this position, we would encourage the Legislature to study the issue of indirect costs and ensure that transfers of money from fee funded agencies into the general fund are not made arbitrarily, but rather bear a relationship to the actual costs borne by the State on behalf of those agencies and the constituencies they regulate or supervise.
In summary, if an assessment so exceeds the cost of regulation that it is apparent the Legislature is using it as a general revenue raising measure, the overage cannot stand on police power authority. If the assessment is in fact a revenue raising measure, it must be analyzed as such, which may include a determination as to whether it meets Commerce Clause and Equal Protection requirements, as well as any state constitutional requirements applicable to the type of tax it is. If an assessment cannot stand on either police power or taxing authority, it would have to be reimbursed. Whether the general fund contribution of a fund administered by an agency performing police power functions so far exceeds the direct and indirect costs incurred by the State on behalf of such agency as to be improper can be determined only as a factual matter on a case-by-case basis. While we do not have sufficient factual information to make this determination for the four scenarios discussed herein, we seriously question whether the agencies involved cost the State in indirect and administrative expenses as much as was taken from their funds during the 2002 Session. If, based on facts presented, a court determined that too much money was taken, and that the individuals and entities who pay fees and assessments to these agencies therefore are paying more than their fair share for the State's general operating expenses, it is likely the court would order those assessments reduced and payments into the general fund reversed.
1. 16A Am. Jur. 2d Constitutional Law § 313 (June 2002) (citations omitted).
2. 16A Am. Jur. 2d Constitutional Law § 315 (June 2002) (citations omitted).
3. 16A Am. Jur. 2d Constitutional Law § 318 (June 2002) (citations omitted). See also V-1 Oil Co. v. Utah State Department of Public Safety, 131 F.3d 1415, 1422-23 (1997).
4. Panhandle Eastern Pipe Line Co. v. Fadely, 183 Kan. 803, 806-07 (1958). See also R.B. Enterprises, Inc. v. State, 242 Kan. 241, 248-49 (1987); State ex rel. O'Sullivan v. Heart Ministries, Inc., 227 Kan. 244, 257 (1980); Fidelity Inv. Co. v. Hale, 212 Kan. 321, 328-30 (1973); State ex rel. Moore v. City of Wichita, 184 Kan. 196, 200 (1959); Attorney General Opinion No. 86-138.
5. 252 Kan. 421 (1993).
6. Id. at 427, 431.
7. State ex rel. v. Cumiskey, 97 Kan. 343, 352 (1916).
9. State ex rel. v. Ross 101 Kan. 377, 379 (1917). See also Great Northern Railway Co. v. Washington, 300 U.S. 154, 160, 81 L.Ed. 573, 578 (1937) ("[a] law exhibiting the intent to impose a compensatory fee for such a legitimate purpose [supervision and regulation] is prima facie reasonable").
10. 97 Kan. 343 (1916).
11. Watson v. City of Topeka, 194 Kan. 585, 590 (1965).
12. 101 Kan. 377 (1917).
15. 182 Kan. 288 (1958).
16. 194 Kan. 585 (1965).
18. 183 Kan. 803 (1958).
20. K.S.A. 75-3170(a). See also K.S.A. 2001 Supp. 75-3170a(a) (a $200,000 cap is currently in place for agencies subject to K.S.A. 2001 Supp. 75-3170a).
21. 212 Kan. at 329-30. The Court did not address other possible restrictions on such a transfer, such as federal restrictions if the fund in question contains federal grant moneys. See also Attorney General Opinion No. 76-119.
22. Panhandle Eastern, 183 Kan. at 808.
23. See Great Northern Railway Co., 300 U.S. at 160, 81 L.Ed. at 578.
25. K.S.A. 65-2801. See Kansas State Board of Healing Arts v. Foote, 200 Kan. 447, 453 (1968).
27. K.S.A. 2001 Supp. 65-2836.
28. Meffert v. Medical Board, 66 Kan. 710, 714 (1903); State ex rel. v. Gleason, 148 Kan. 1, 4-5 (1938). See also State ex rel. Moore v. City of Wichita, 184 Kan. 196, 200 (1959) ("[g]enerally speaking, the power to license is an exercise of the police power").
29. See also K.S.A. 65-2909; K.S.A. 2001 Supp. 65-5509; 65-6910(a).
30. K.S.A. 2001 Supp. 65-2855. See also K.S.A. 2001 Supp. 65-2911(b); 65-5513; 65-6910(c). We assume, for purposes of this opinion, that any portion of the healing arts fee fund that does not end up in the general fund is used solely for the purpose of supervising and regulating the healing arts profession. That portion of the fee has not been questioned.
31. K.S.A. 2001 Supp. 75-3170a.
32. Fidelity Inv. Co. v. Hale, 212 Kan. 321.
33. For a general discussion of the twenty percent transfer requirement and implementation of the $200,000 cap, see Reports of Special Committees to the 1975 Kansas Legislature 1057, Proposal No. 53-Fee Agencies, Reimbursement of General Fund.
34. Correspondence from Mark W. Stafford, General Counsel for the Board of Healing Arts, July 18, 2002.
36. L. 2002, Ch. 204, § 15(b).
37. Correspondence from Dale Brunton, Director, Division of Accounts and Reports, to Mr. Lawrence T. Buening, Executive Director, Board of Healing Arts, March 15, 2002.
38. K.A.R. 100-11-1; 100-28a-1; 100-29-7.
40. United States Office of Management and Budget Circular A-87.
41. Ross, 101 Kan. at 379.
43. K.S.A. 9-1701 et seq.; 9-2209; K.S.A. 2001 Supp. 16a-6-104; 17-5601; 75-1304; K.S.A. 75-1310; K.S.A. 2001 Supp. 75-1315.
45. Blaker v. Hood, 53 Kan. 499, 507-11 (1894).
46. See K.S.A. 9-1703(a); 9-2204; K.S.A. 2001 Supp. 16a-6-203; K.S.A. 17-5701 et seq.
47. See K.S.A. 9-1703(c); 9-2210; K.S.A. 2001 Supp. 16a-2-302(c); 17-5610; 17-5701; 75-1308.
48. See also K.S.A. 2001 Supp. 16a-2-302(c).
49. L. 2002, Ch. 204, §12(h).
51. The total for such services was estimated at $134,900.00 for fiscal year 2002.
52. K.S.A. 2001 Supp. 44-714(a).
53. K.S.A. 2001 Supp. 44-710(a).
54. K.S.A. 44-704(a); K.S.A. 2001 Supp. 44-703(k).
55. K.S.A. 2001 Supp. 44-717(a)(1); K.S.A. 44-719(d)(2).
57. Id. at subsection (a). See also L. 2000, Ch. 144, § 126(b).
59. L. 2002, Ch. 204, § 57(b).
60. See L. 2000, Ch. 130, § 29(d) (no mention made of the purpose for the transfer); L. 1999, Ch. 132, § 51(c) (no mention made of the purpose for the transfer); L. 1992, Ch. 327, § 62(c) (for the purpose of financing operating expenditures funded from the state general fund); L. 1991, Ch. 13, § 3(c) (refunding a portion of the operating expenditures funded from the state general fund); L 1990, Ch. 26, § 3(c) (operating expenditures). Apparently no transfers were required to be made from this fund to reimburse the state general fund for indirect expenses during the 1993-1998 Sessions.
61. K.S.A. 2001 Supp. 44-566a(a).
62. K.S.A. 2001 Supp. 44-566a(b)(1).
63. K.S.A. 2001 Supp. 44-566a(b)(2).
64. K.S.A. 2001 Supp. 44-566a(e).
65. Kuhn v. Grant County, 201 Kan. 163, 171 (1968).
66. Matlock v. Hollis, 153 Kan. 227, 232 (1941).
67. See K.S.A. 44-501(b), (g).
68. See Kansas Malpractice Victims Coalition V. Bell, 243 Kan. 333, 363 (1988); Manzanares v. Bell, 214 Kan. 589, 610-11 (1974); Estate of Baker, 222 Kan. 127, 130 (1977).
69. L. 2002, Ch. 204, § 74(d).
71. See Attorney General Opinion No. 76-119.


to Hear Further Argument Jan. 17, 1922.
Messrs. J. S. Utley, Atty. Gen., and Frank S. Quinn, of Texarkana, for appellant.
Messrs. Wm. Marshall Bullitt, of Louisville, Ky., and James B. McDonough, of Ft. Smith, Ark., for appellee.
This is an appeal from the District Court under section 238 of the Judicial Code (Comp. St. § 1215) in a case in which the law of a state is claimed to be in contravention of the Constitution of the United States.
The defendant filed an answer in which there were many denials. One was that the complainant was engaged in interstate commerce. The answer did not deny, however, that the complainant was a foreign corporation, that it had been duly granted a license to do business in the state of Arkansas, that its right to do business in the state thus licensed was a valuable right, that the complainant had brought suit in the federal District Court and removed another case to that court, that such suit and removal were violations of the license granted by the state of Arkansas, or that the defendant intended to cancel the plaintiff's license. The case was heard on bill and answer, and is to be considered on the averments of the bill which are not denied by the answer. Iowa v. Illinois, 147 U. S. 1, 7, 13 Sup. Ct. 239, 37 L. Ed. 55.
The sole question presented on the record is whether a state law is unconstitutional which revokes a license to a foreign corporation to do business within the state because, while doing only a domestic business in the state, it resorts to the federal court sitting in the state.
The cases in this court in which the conflict between the power of a state to exclude a foreign corporation from doing business within its borders, and the federal constitutional right of such foreign corporation to resort to the federal courts has been considered, cannot be reconciled. They began with Home Insurance Co. v. Morse, 20 Wall. 445, 22 L. Ed. 365, which was followed by Doyle v. Continental Ins. Co., 94 U. S. 535, 24 L. Ed. 148; Barron v. Burnside, 121 U. S. 186, 7 Sup. Ct. 931, 30 L. Ed. 915; Southern Pacific Co. v. Denton, 146 U. S. 202, 13 Sup. Ct. 44, 36 L. Ed. 942; Martin v. Baltimore, 151 U. S. 673, 684, 14 Sup. Ct. 533, 38 L. Ed. 311; Barrow Steamship Co. v. Kane, 170 U. S. 100, 111, 18 Sup. Ct. 526, 42 L. Ed. 964; Security Mutual Life Ins. Co. v. Prewitt, 202 U. S. 246, 26 Sup. Ct. 619, 50 L. Ed. 1013, 6 Ann. Cas. 317; Herndon v. Chicago, Rock Island & Pac. Ry. Co., 218 U. S. 135, 30 Sup. Ct. 633, 54 L. Ed. 970; Harrison v. St. Louis & San Francisco R. R. Co., 232 U. S. 318, 34 Sup. Ct. 333, 58 L. Ed. 621, L. R. A. 1915F, 1187; and Wisconsin v. Philadelphia & Reading Coal Co., 241 U. S. 329, 36 Sup. Ct. 563, 60 L. Ed. 1027.


Brinah Court, Plaintiff, v. Financial Freedom Senior Funding Corp. and Financial Freedom Senior Servicing Corp., Defendants.
Steven SUMMERS, Plaintiff, Appellant, Brinah Court, Plaintiff, v. FINANCIAL FREEDOM ACQUISITION LLC, Defendant, Appellee, Financial Freedom Senior Funding Corp. and Financial Freedom Senior Servicing Corp., Defendants.
Before HOWARD, Chief Judge, SELYA and THOMPSON, Circuit Judges. Carleen N.T. Aubee, for appellant. Harris K. Weiner, with whom Salter McGowan Sylvia & Leonard, Inc., was on brief, for appellee.
Plaintiff-appellant Steven Summers and his sister Brinah Court inherited a house from their mother, Rosalie Summers (the decedent). The rub was that, during her lifetime, the decedent had obtained and reaped the benefits of a reverse mortgage. That mortgage, which contained an acceleration clause and power of sale, became due and payable upon her death.
After they inherited the property, the plaintiffs sought to take it free and clear of the mortgage lien even though the mortgage debt remained unpaid. They argued, among other things, that the mortgage was unenforceable because the mortgagee had failed to file a claim in the decedent's estate. Ruling on this question of first impression under Rhode Island law, the district court disagreed. So do we: the piper must be paid.
On September 25, 2009, Financial Freedom Senior Funding Corp. assigned the mortgage to Mortgage Electronic Registration Systems, Inc. (MERS) as a nominee of Financial Freedom Acquisition.2 The decedent died intestate on December 8, 2009. Her son and daughter applied for letters of administration and, pursuant to statute, the estate was duly advertised and notice was given to creditors. See R.I. Gen. Laws § 33–11–5.1. Neither Financial Freedom nor MERS filed a claim in the probate proceedings. See id. § 33–11–5. The estate was duly administered and closed, and the Warwick Probate Court granted the decedent's interest in the Property to the plaintiffs.
In late 2010, the plaintiffs received a notice of foreclosure. That notice was published in accordance with statute. See id. § 34–27–4. Foreclosure proceedings went forward, MERS reassigned the mortgage to Financial Freedom, and Financial Freedom recorded the foreclosure deed granting the Property to it in November of 2011.
Dismayed by this turn of events, the plaintiffs invoked diversity jurisdiction, see 28 U.S.C. § 1332(a), and repaired to the United States District Court for the District of Rhode Island. Their suit sought to contest both the validity of the serial mortgage assignments and the foreclosure itself. During pretrial discovery, Brinah Court dropped out of the case. See Fed.R.Civ.P. 41(a).
The appellant's challenge is two-fold: first, he argues that the district court erred in determining that he lacked standing to contest the mortgage assignments; second, he argues that in any event, Financial Freedom's failure to file a claim in the probate proceedings pretermitted its right to foreclose on the Property. Since this is a diversity case, we look to federal law for guidance on procedural matters (such as the summary judgment framework) and to state law (here, Rhode Island law) for the substantive rules of decision. See Hanna v. Plumer, 380 U.S. 460, 473, 85 S.Ct. 1136, 14 L.Ed.2d 8 (1965); Mason v. Telefunken Semiconductors Am., LLC, 797 F.3d 33, 38 (1st Cir.2015).
Before turning to the issues sub judice, we think that an explanation of the idiosyncratic nature of reverse mortgages may assist the reader. A reverse mortgage is a loan or line of credit available to a person over the age of 62 who has equity in real estate, typically the person's home. The loan provides the borrower with cash (usually in the form of a single lump-sum payment) and is secured by the borrower's equity in the real estate. There are no monthly payments; instead, the loan is due and payable in full when the borrower dies, sells the home, or no longer uses the home as her principal residence. See generally R.I. Gen. Laws § 34–25.1.
The standard reverse mortgage has an additional feature: the underlying loan is typically on a non-recourse basis (that is, the borrower has no personal liability for repayment of the funds advanced). Put another way, the lender agrees to look exclusively to the mortgaged property for repayment.
With this foundation in place, we confront the appellant's twin claims of error. We note, though, that the reverse mortgage that the decedent obtained from Financial Freedom was cast in the conventional mold.
B. Standing to Challenge the Assignments.
Standing is a threshold question in every case. See Warth v. Seldin, 422 U.S. 490, 498, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975). The existence of standing “is a legal question and, therefore, engenders de novo review.” Culhane v. Aurora Loan Servs. of Neb., 708 F.3d 282, 289 (1st Cir.2013) (quoting Me. People's All. & Nat. Res. Def. Council v. Mallinckrodt, Inc., 471 F.3d 277, 283 (1st Cir.2006)). A plaintiff suing in federal court normally must shoulder the burden of establishing standing. Id.
With respect to this issue, we do not write on a pristine page. In Lister v. Bank of America, N.A., 790 F.3d 20, 24–25 (1st Cir .2015), we explicated the nature of a mortgage under Rhode Island law. “Rhode Island is a title-theory state, in which ‘a mortgagee not only obtains a lien upon the real estate by virtue of the grant of the mortgage deed but also obtains legal title to the property subject to defeasance upon payment of the debt.’ “ Id. (quoting Bucci v. Lehman Bros. Bank, FSB, 68 A.3d 1069, 1078 (R.I.2013)). A reverse mortgage fits within this construct.
We have ruled “that a mortgagor has standing to challenge the assignment of a mortgage on her home to the extent that such a challenge is necessary to contest a foreclosing entity's status qua mortgagee.” Culhane, 708 F.3d at 291. This means that a mortgagor (or a party standing in the mortgagor's shoes) only has standing to challenge an invalid, ineffective, or otherwise void mortgage. See Wilson v. HSBC Mortg. Servs., Inc., 744 F.3d 1, 9 (1st Cir.2014); Woods v. Wells Fargo Bank, N.A., 733 F.3d 349, 354 (1st Cir.2013); Culhane, 708 F.3d at 291; Mruk v. MERS, 82 A.3d 527, 536 (R.I.2013). The flip side of this proposition is that “a mortgagor does not have standing to challenge shortcomings in [a mortgage] assignment that render it merely voidable at the election of one party but otherwise effective to pass legal title.” Culhane, 708 F.3d at 291. The Rhode Island Supreme Court has embraced this void/voidable distinction with respect to real estate mortgages. See Inventach v. Superior Fire Ins. Co., 48 R.I. 321, 138 A. 39, 42 (R.I.1927); Bishop v. Kent & Stanley Co., 20 R.I. 680, 41 A. 255, 257 (R.I. 1898); see also Clark v. MERS, 7 F.Supp.3d 169, 175 (D.R .I.2014).
In the first instance, then, we must determine whether the challenged mortgage assignments are void or voidable. In Rhode Island, a valid mortgage or any of its assignments must be signed, acknowledged by notarization, delivered, and recorded. See R.I. Gen. Laws § 34–11–1. It is not necessary that the mortgage and the note that it secures be held by the same entity. See Bucci, 68 A.3d at 1088.
In the case at hand, two assignments of the mortgage took place. The summary judgment record shows that each assignment complied with the necessary formalities: the relevant documents were distinguished by signature, notarization, delivery, and recordation. The record is equally clear that the parties to the assignments treated them as valid. Although the appellant questions whether the assignors possessed the requisite authority to execute the assignments, the summary judgment record contains no evidence sufficient to create a genuine issue of material fact in this regard. Unsupported allegations are not enough. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249–50, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (requiring “significantly probative” evidence to defeat a properly documented summary judgment motion).
That ends this aspect of the matter. On this record, the assignments are not void but, at worst, merely voidable. It follows that the district court did not err in concluding that the appellant lacked standing to challenge them.
The appellant demurs, suggesting that the Rhode Island Supreme Court's decision in Chhun v. MERS, 84 A.3d 419 (R.I.2014), requires a different result. We think not.
In Chhun, the court, reviewing a dismissal for failure to state a claim upon which relief can be granted, allowed a challenge to the assignment of a mortgage to go forward. See id. at 423. Chhun is easily distinguishable from the case at hand. First, this case was heard on summary judgment, not on a motion to dismiss—and the burden on the appellant was correspondingly heavier. See García–Catalán v. United States, 734 F.3d 100, 104 (1st Cir.2013) (distinguishing between standard for surviving motion to dismiss and standard for surviving summary judgment); Palazzo v. Big G Supermkts., Inc., 110 R.I. 242, 292 A.2d 235, 237 (R.I.1972) (same, applying Rhode Island law).
Second, the record here—unlike in Chhun, 84 A.3d at 423—fails to delineate particular facts tending to show the invalidity of the challenged assignments.
C. The Effect of the Probate Process.
The appellant's lack of standing to challenge the validity of the mortgage assignments does not end our journey. The appellant also contends that Financial Freedom lost its right to foreclose by failing to file a claim in the probate proceedings. See R.I. Gen. Laws § 33–11–5. This is a challenge to the enduring effectiveness of the mortgage itself (no matter who owns it) and, on the facts of this case, the appellant has standing to maintain that challenge. We explain briefly.
The appellant inherited an interest in the Property following the completion of probate. Financial Freedom subsequently sought to foreclose on the same Property—and that attempted foreclosure constitutes a concrete and particularized injury to the appellant. After all, there is a direct causal link between the challenged action (the attempt to foreclose) and the threatened harm (the loss of the Property through foreclosure). Rhode Island law controls here, so the appellant, who has a personal stake in the outcome, has the right to ensure that the foreclosure conforms with the law. See Culhane, 708 F.3d at 291; Mruk, 82 A.3d at 536.
We review the district court's entry of summary judgment on this claim de novo, taking the facts and all reasonable inferences therefrom in the light most flattering to the non-movant (here, the appellant). See Houlton Citizens' Coal. v. Town of Houlton, 175 F.3d 178, 184 (1st Cir.1999). We are not married to the district court's rationale but may validate its summary judgment order on any ground made manifest by the record. See Culhane, 708 F.3d at 291.
Because the Rhode Island Supreme Court has not addressed whether probate extinguishes a real estate mortgage, our task is to vaticinate how that court would likely rule if faced with the issue. See Wheeling & Lake Erie Ry. Co. v. Keach (In re Montreal, Me. & Atl. Ry., Ltd.), 799 F.3d 1, 10 (1st Cir.2015). In predicting the path that a state court would probably follow, we start with settled principles of state law and fill the gaps by considering supplementary sources, such as persuasive authority from other jurisdictions and the teachings of learned treatises. See id.; Bos. Reg'l Med. Ctr., Inc. v. Reynolds (In re Bos. Reg'l Med. Ctr., Inc.), 410 F.3d 100, 108 (1st Cir.2005).
The appellant's contention requires us to explore the intersection (if any) between mortgage foreclosures and the probate process. The Rhode Island Supreme Court frequently has looked to the common law for guidance with respect to issues of property jurisprudence, see, e.g., Zuba v. Pawtucket Credit Union, 941 A.2d 167, 171 (R.I.2008); Ruffel v. Ruffel, 900 A.2d 1178, 1188 (R.I.2006), so we begin our analysis by tracing how the common law historically has characterized foreclosure.
Foreclosure is an equitable remedy. See Benitez v. Bank of Nova Scotia, 125 F.2d 519, 520 (1st Cir.1942); Walsh v. Morgan, 60 R.I. 349, 198 A. 555, 562 (R.I.1938). “The land is the real defendant in [a foreclosure] proceeding.” Hunt v. Darling, 26 R.I. 480, 59 A. 398, 399 (R.I.1904). A foreclosure, though not literally a proceeding in rem,4 “is in the nature of such a proceeding, and is not intended ordinarily to act in personam.” Burgess v. Souther, 15 R.I. 202, 2 A. 441, 443 (R.I. 1885). Absent a statute to the contrary, a mortgagee can both sue the parties to the mortgage at common law and pursue foreclosure. See Hunt, 59 A. at 399. If a deficiency results from a foreclosure sale, an action on the mortgage note normally will lie to recover that deficiency. See Burgess, 2 A. at 443.
We find much the same dichotomy between the encumbered property and the underlying debt in the venerable structures of maritime law. Admiralty long has recognized the feasibility of separating the mortgage res from the associated debt. See, e.g., 46 U.S.C. § 31325(b)(1) (authorizing enforcement of mortgage through in rem action against the ship).
These hoary tenets have persisted substantially intact to the present day. A compelling analogy can be found in the realm of bankruptcy law. There, a creditor may recover the deficiency on a mortgage loan through “an action against the debtor in rem,” notwithstanding the debtor's discharge in bankruptcy. Couture v. Pawtucket Credit Union, 765 A.2d 831, 833 (R.I.2001) (citing Johnson v. Home State Bank, 501 U.S. 78, 84, 111 S.Ct. 2150, 115 L.Ed.2d 66 (1991)); see 11 U.S.C. § 522(c)(2).
We add, moreover, that the Rhode Island Supreme Court has often consulted the Restatements to bring clarity to state law, see, e.g., Bucci, 68 A.3d at 1088; Jerome v. Probate Court of Barrington, 922 A.2d 119, 122 (R.I.2007), and we think it noteworthy that this splitting of in rem and in personam liability is consonant with the Restatement's declaration that a “mortgage is enforceable whether or not any person is personally liable for that performance.” Restatement (Third) of Property: Mortgages § 1.1 (1997). This dichotomy is also consistent with section 3814 of the Uniform Probate Code, which authorizes payment of a mortgage even if a claim has not been filed in the decedent's estate. And, finally, no less an authority than the United States Supreme Court has noted that the lender's “right to foreclose on the mortgage can be viewed as a ‘right to an equitable remedy’ for the debtor's default on the underlying obligation.” Johnson, 501 U.S. at 84.
The case law elsewhere, see, e.g., Mortg. Invs. Corp. v. Battle Mtn. Corp., 70 P.3d 1176, 1181 (Colo.2003); Bank of Tokyo Co. v. Urban Food Malls Ltd., 229 A.D.2d 14, 650 N.Y.S.2d 654, 661 (App.Div.1996); Stephens v. LPP Mortg., Ltd., 316 S.W.3d 742, 746 (Tex.App.2010); Bank of Sun Prairie v. Marshall Dev. Co., 242 Wis.2d 355, 626 N.W.2d 319, 323 (Wis.Ct.App.2001), confirms our intuition that the Rhode Island Supreme Court, if faced with the question, would hold that the right to foreclose should be treated as separate and distinct from the right to collect the underlying debt. The upshot is that though the failure to file a claim in probate proceedings may extinguish personal liability on the note secured by the real estate mortgage, that failure does not extinguish the mortgage itself. Consequently, such a failure does not interfere with the mortgagee's right to foreclose.
We believe it follows that, in Rhode Island, a mortgagee need not make a monetary claim against an estate in probate proceedings in order to retain its in rem rights to proceed against the real property that secures the mortgage debt. In other words, “it is immaterial that the holder of [an] encumbrance does not present a claim against the estate but prefers to look to the future enforcement of his lien against the specific encumbered property only.” In re Estate of Dolley, 265 Cal.App.2d 63, 71 Cal.Rptr. 56, 61 (Ct.App.1968).
In a last-ditch endeavor to efface the force of this reasoning, the appellant jerry-rigs a statute of limitations argument. He asserts that the failure to submit a claim to the probate court within the statutorily prescribed period, see R.I. Gen. Laws § 33–11–5, bars Freedom Financial from later foreclosing against the Property to satisfy the underlying debt.
The appellant is fishing in an empty pond. The statute of limitations applicable to foreclosures in Rhode Island is the general 20–year statute of limitations. See R.I. Gen. Laws § 91–17; see also Wallbaum v. Martin, 103 R.I. 10, 234 A.2d 369, 370 (R.I.1967). The limitations period associated with the probate claim-filing statute, see R.I. Gen. Laws § 33–11–5, does not apply. Cf. Higgins v. Mycroft, 80 R.I. 118, 92 A.2d 727, 729 (R.I.1952) (indicating that mortgage enforcement proceedings are separate and apart from probate proceedings).
We summarize succinctly. After the decedent passed away and the mortgage balance remained unpaid, it was to the scaffold of property law that Financial Freedom turned. It properly exercised its right of foreclosure, and that in rem proceeding was wholly independent of the probate process.
For the reasons elucidated above, we predict that the Rhode Island Supreme Court, were it confronted with the question, would conclude that the failure to file a claim in the probate court would not bar a mortgagee holding a reverse mortgage on real property from collecting the balance due through the equitable remedy of foreclosure. The probate process does not extinguish a real estate mortgage but, rather, only extinguishes personal liability for the underlying debt.
We need go no further. We hold that the appellant lacks standing to challenge the interstitial mortgage assignments; and though he does have standing to challenge the effectiveness of the mortgage itself on a different ground, that challenge is fruitless. Despite its eschewal of the probate claim-filing process, Financial Freedom retained the right to enforce its reverse mortgage through foreclosure.
1. As an alternative to full payment, the borrower may elect to sell the property for the lesser of the mortgage balance or 95% of the property's appraised value. This alternative was never elected, so we do not discuss it further.
4. Strictly speaking, it may be more appropriate to classify a foreclosure as a quasi in rem proceeding rather than an in rem proceeding. See, e.g., Freeman v. Alderson, 119 U.S. 185, 187, 7 S.Ct. 165, 30 L.Ed. 372 (1886). Here, however, linguistic precision is not at a premium. Hence, we use a shorthand and refer throughout to foreclosure as an in rem proceeding.


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Items where Subject is "600 Technology > 08 Food technology > 33 Nuts"
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