WILLIAM RAY PRICE, Jr., Chief Justice.
This is the third occasion we have written on this case. Originating as a quiet title lawsuit, we now hold that the purchasers at a void foreclosure sale are entitled to recoup their purchase money with payment secured by an equitable- lien on the property. All other issues are barred either by a failure to preserve those issues for appeal or by the doctrine of the law of the case.
I.
Aubra Robert Wrather’s will devised 72 acres to his daughter “Reba Wrather La-Font, and her bodily heirs, in fee simple.” While Wrather’s estate was being probated, the estate borrowed $97,704.84 from the Farmer’s Bank of Portageville (“bank”) to pay federal estate taxes. Reba Wrather LaFont and the estate’s executor executed a deed of trust covering the 72 acres in favor of the bank. The probate division authorized the bank’s encumbrance and, in December 1970, distributed the 72 acres to Reba Wrather LaFont and her bodily heirs subject to the deed of trust.
In 1988, the loan to the estate went into default and the bank foreclosed. At that time, the bank was owed $86,400.00. The executor and LaFont received proper notice of trustee’s sale, but the presumptive bodily heirs did not receive such notice. At the 1988 foreclosure sale, the 72 acres was purchased by Sherman D. Kimes, Elaine Kimes, Albert W. Kimes, and Nina Mae Kimes. As a result of the foreclosure sale, the bank released its lien on the property.
In 1990, the Kimeses conveyed the 72 acres to a family trust. In 1993, LaFont died, leaving two surviving children, Anita Kay Williams and James G. LaFont. Reba Wrather LaFont’s third child had passed away in 1986, survived by Heather Maria Hobbs and Lesley Suzanne Hobbs. They sold their interest in the land to Anita Kay Williams and W.A. Williams in 1994.
In Williams v. Kimes, 949 S.W.2d 899 (Mo. banc 1997) (“Williams I ”), this Court considered whether LaFont’s presumptive bodily heirs were “owners” under section 443.325.3(2) such that they were entitled to actual notice of the foreclosure sale. We held that as holders of a contingent remainder with an interest capable of conveyance, they were “owners” under section 443.325.3(2). Id. at 900. The case was remanded with directions to award the land to the Williamses and for proceedings in accordance with section 527.150.2 regarding the parties’ other claims for damages, credits, and other relief. Id. at 901.
The circuit court responded to Williams I by awarding possession and fee simple title to the Williamses and concluding that the Williamses were entitled to fair market rental value of $100 per acre, per year, starting from Reba Wrather LaFont’s death on October 13, 1993, to when the Williamses went into possession in late August of 1997 (total rent value of $28,-800.00). The circuit court further found the Williamses improved the property by grading the land, which increased the value by $13,008.20. The court also found the Williamses would benefit by cotton planted in 1997 prior to the Kimeses leaving the property. The Williamses would realize money from the sale of this cotton in the amount of $2,385.00, after subtracting expenses incurred. Thus, the Williamses’ damages in rents was $28,800.00 less the $2,385.00 realized from the cotton sale, offset against the $13,008.20 resulting in a [153]*153“net” damage award of $13,406.80 against the Kimeses.
The circuit court “denied [the Kimeses’] request for recoupment of their purchase price and the imposition of an equitable lien in the amount of that purchase price.” 996 S.W.2d at 44. This conclusion apparently resulted from language in Williams I that “[t]he Kimeses purchased only La-Font’s life estate.” 949 S.W.2d 901.
The Kimeses appealed from that judgment. In Williams v. Kimes, 996 S.W.2d 43 (Mo. banc 1999) (“Williams II”), we considered the effect of invalidity of the sale resulting from the insufficient notice. The Kimeses sole point relied on stated:
The trial court erred in entering judgment in favor of the Williams and against the Kimes on the Kimes’ claim for recoupment of their 1988 foreclosure sale purchase price for the subject real estate (together with interest and less a credit for fair rental value of the property) and for the imposition of an equitable hen against the property to secure payment of same because this Court in the initial appeal of this matter invalidated the foreclosure sale as to the Williams’ remainder fee interest and parties’ to an effective foreclosure sale are entitled to be restored to their status quo ante positions in that the Kimes effectively satisfied an indebtedness of the Williams (and them predecessors in interest) to which the real property would have been subject even if the Williams had received personal notice of the foreclosure sale, and the trial court’s failure to allow re-coupment of their purchase price by the Kimes resulted in a wind-fall ‘gift’ of 72-acres of real property to the Williams without payment on them part of either the federal estate tax liability or the bank loan indebtedness associated with the property, which was paid by the Kimes.
The Williamses argued only that the sale was effective to transfer the life estate interest, but did not extinguish the contingent remainder interests. The Williamses did not argue that the bank’s lien on the property was not valid.
We stated that “[f]ailure to provide notice of a foreclosure sale to owners of the foreclosed property is a substantial defect sufficient to render the sale void and prevent the transfer of title in the property.” Id. at 45. Because the foreclosure sale was void and no title passed, the parties must be placed in their ex ante positions. Id. at 46. To the extent Williams I implied the Kimeses purchased a life estate, Williams II clarified that they purchased no title at all, as the sale was void.
The circuit court’s response to Williams II was to enter substantially the same judgment. The sale was declared void but the Kimeses’ request for recoupment of their purchase money secured by an equitable hen was not granted. The circuit court noted that to put the parties back to their ex ante position, the bank needed to be a party to this litigation. The circuit court also entered the same net damage award of $13,406.80 against the Kimeses as it did after Williams I.
The Kimeses appeal from that judgment. Their two points argue: 1) they are entitled to a recoupment of the purchase price secured by an equitable lien on the property, and 2) the posW1988 foreclosure sale activities and events should be disregarded, thus eliminating the “net” damage award of $13, 406.80 entered against them.
II.
A.
Now before us for the third time, this case is largely controlled by the doctrine of the law of the case:
The doctrine of law of the case governs successive appeals involving substantially the same issues and facts, and applies appellate decisions to later proceedings in that case. State v. Phillips, 324 S.W.2d 693, 694 (Mo.1959); State v. Allen, 363 Mo. 467, 251 S.W.2d 659, 660 (1952).
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WILLIAM RAY PRICE, Jr., Chief Justice.
This is the third occasion we have written on this case. Originating as a quiet title lawsuit, we now hold that the purchasers at a void foreclosure sale are entitled to recoup their purchase money with payment secured by an equitable- lien on the property. All other issues are barred either by a failure to preserve those issues for appeal or by the doctrine of the law of the case.
I.
Aubra Robert Wrather’s will devised 72 acres to his daughter “Reba Wrather La-Font, and her bodily heirs, in fee simple.” While Wrather’s estate was being probated, the estate borrowed $97,704.84 from the Farmer’s Bank of Portageville (“bank”) to pay federal estate taxes. Reba Wrather LaFont and the estate’s executor executed a deed of trust covering the 72 acres in favor of the bank. The probate division authorized the bank’s encumbrance and, in December 1970, distributed the 72 acres to Reba Wrather LaFont and her bodily heirs subject to the deed of trust.
In 1988, the loan to the estate went into default and the bank foreclosed. At that time, the bank was owed $86,400.00. The executor and LaFont received proper notice of trustee’s sale, but the presumptive bodily heirs did not receive such notice. At the 1988 foreclosure sale, the 72 acres was purchased by Sherman D. Kimes, Elaine Kimes, Albert W. Kimes, and Nina Mae Kimes. As a result of the foreclosure sale, the bank released its lien on the property.
In 1990, the Kimeses conveyed the 72 acres to a family trust. In 1993, LaFont died, leaving two surviving children, Anita Kay Williams and James G. LaFont. Reba Wrather LaFont’s third child had passed away in 1986, survived by Heather Maria Hobbs and Lesley Suzanne Hobbs. They sold their interest in the land to Anita Kay Williams and W.A. Williams in 1994.
In Williams v. Kimes, 949 S.W.2d 899 (Mo. banc 1997) (“Williams I ”), this Court considered whether LaFont’s presumptive bodily heirs were “owners” under section 443.325.3(2) such that they were entitled to actual notice of the foreclosure sale. We held that as holders of a contingent remainder with an interest capable of conveyance, they were “owners” under section 443.325.3(2). Id. at 900. The case was remanded with directions to award the land to the Williamses and for proceedings in accordance with section 527.150.2 regarding the parties’ other claims for damages, credits, and other relief. Id. at 901.
The circuit court responded to Williams I by awarding possession and fee simple title to the Williamses and concluding that the Williamses were entitled to fair market rental value of $100 per acre, per year, starting from Reba Wrather LaFont’s death on October 13, 1993, to when the Williamses went into possession in late August of 1997 (total rent value of $28,-800.00). The circuit court further found the Williamses improved the property by grading the land, which increased the value by $13,008.20. The court also found the Williamses would benefit by cotton planted in 1997 prior to the Kimeses leaving the property. The Williamses would realize money from the sale of this cotton in the amount of $2,385.00, after subtracting expenses incurred. Thus, the Williamses’ damages in rents was $28,800.00 less the $2,385.00 realized from the cotton sale, offset against the $13,008.20 resulting in a [153]*153“net” damage award of $13,406.80 against the Kimeses.
The circuit court “denied [the Kimeses’] request for recoupment of their purchase price and the imposition of an equitable lien in the amount of that purchase price.” 996 S.W.2d at 44. This conclusion apparently resulted from language in Williams I that “[t]he Kimeses purchased only La-Font’s life estate.” 949 S.W.2d 901.
The Kimeses appealed from that judgment. In Williams v. Kimes, 996 S.W.2d 43 (Mo. banc 1999) (“Williams II”), we considered the effect of invalidity of the sale resulting from the insufficient notice. The Kimeses sole point relied on stated:
The trial court erred in entering judgment in favor of the Williams and against the Kimes on the Kimes’ claim for recoupment of their 1988 foreclosure sale purchase price for the subject real estate (together with interest and less a credit for fair rental value of the property) and for the imposition of an equitable hen against the property to secure payment of same because this Court in the initial appeal of this matter invalidated the foreclosure sale as to the Williams’ remainder fee interest and parties’ to an effective foreclosure sale are entitled to be restored to their status quo ante positions in that the Kimes effectively satisfied an indebtedness of the Williams (and them predecessors in interest) to which the real property would have been subject even if the Williams had received personal notice of the foreclosure sale, and the trial court’s failure to allow re-coupment of their purchase price by the Kimes resulted in a wind-fall ‘gift’ of 72-acres of real property to the Williams without payment on them part of either the federal estate tax liability or the bank loan indebtedness associated with the property, which was paid by the Kimes.
The Williamses argued only that the sale was effective to transfer the life estate interest, but did not extinguish the contingent remainder interests. The Williamses did not argue that the bank’s lien on the property was not valid.
We stated that “[f]ailure to provide notice of a foreclosure sale to owners of the foreclosed property is a substantial defect sufficient to render the sale void and prevent the transfer of title in the property.” Id. at 45. Because the foreclosure sale was void and no title passed, the parties must be placed in their ex ante positions. Id. at 46. To the extent Williams I implied the Kimeses purchased a life estate, Williams II clarified that they purchased no title at all, as the sale was void.
The circuit court’s response to Williams II was to enter substantially the same judgment. The sale was declared void but the Kimeses’ request for recoupment of their purchase money secured by an equitable hen was not granted. The circuit court noted that to put the parties back to their ex ante position, the bank needed to be a party to this litigation. The circuit court also entered the same net damage award of $13,406.80 against the Kimeses as it did after Williams I.
The Kimeses appeal from that judgment. Their two points argue: 1) they are entitled to a recoupment of the purchase price secured by an equitable lien on the property, and 2) the posW1988 foreclosure sale activities and events should be disregarded, thus eliminating the “net” damage award of $13, 406.80 entered against them.
II.
A.
Now before us for the third time, this case is largely controlled by the doctrine of the law of the case:
The doctrine of law of the case governs successive appeals involving substantially the same issues and facts, and applies appellate decisions to later proceedings in that case. State v. Phillips, 324 S.W.2d 693, 694 (Mo.1959); State v. Allen, 363 Mo. 467, 251 S.W.2d 659, 660 (1952). A previous holding is the law of [154]*154the case, precluding re-litigation of issues on remand and subsequent appeal. State v. Graham, 13 S.W.3d 290, 293 (Mo. banc 2000). The decision of a court is the law of the case for all points presented and decided, as well as all matters that arose before the first adjudication and might have been raised but were not. Id.; State v. Meyer, 293 Mo. 108, 238 S.W. 457, 458 (1922). According to the law of the case doctrine, failure to raise points in a prior appeal means that a court later hearing the case need not consider them. United States v. Kress, 58 F.3d 370, 373 (8th Cir.1995). Appellate courts have discretion to consider an issue where there is a mistake, a manifest injustice, or an intervening change of law. Graham, at 293; Phillips, at 694.
State v. Johnson, 22 S.W.3d 183, 188-89 (Mo. banc 2000) . We are bound by the facts and holdings from Williams I and Williams II. The law of this case requires that the parties be placed in their ex ante position. Williams II, 996 S.W.2d at 46. “Ex ante” position means the position the parties would be in but for the sale.
B.
The first point relied upon in this appeal is whether the Kimeses are entitled to recoupment of their purchase money secured by an equitable lien on the property. But for the 1988 sale, the Kimeses would not have paid $86,400.00 for what they thought was fee simple title. Nor would the bank’s hen on the 72 acre tract of land, eventually passed onto the Williamses, have been extinguished. In order to place the Kimeses in their ex ante position, therefore, on the facts of this case, as between the Kimeses and the Williamses, the Kimeses are entitled to a recoupment of their purchase price money and the imposition of an equitable hen in the amount of $86,400.00 on the 72 acres to secure payment.
The Williamses defend by challenging the underlying indebtedness foreclosed upon in 1988. The Williamses assert that the bank did not have a hen on the property because the 1970 promissory note accompanying the deed of trust was “replaced” with a 1974 note. The deed of trust does not reference this new note. The Williamses argue that their remainder interest was therefore not subject to a hen after 1974.
The sole point of error raised in Williams II, however, was the Kimeses’ attempt to recoup their purchase price money. -An equitable hen was sought because the Kimeses’ money was used to pay a debt that otherwise would have subjected the Williamses’ land to a hen. If there was no valid hen, this could and should have been raised in Williams II. No such argument was made. The Williamses have presented no reason why they should be excused from presenting this issue at that time. The doctrine of the law of this case now precludes review of whether the bank’s deed of trust validly imposed a hen upon the property because this is an issue which should have been raised, at least, in Williams II, but was not.
In the proceeding below, the trial court did not order recoupment of the Kimeses’ purchase price money secured by an equitable hen because the bank was not a party, even though the bank received the Kimeses’ money. The Kimeses’ attorney stated after Williams II that they would not add the bank as a third party defendant and had no intention of making any claim against the bank in this proceeding. The WiUiamses then motioned to file a third party petition pursuant to Rule 52.111 to join the bank, but the motion was [155]*155denied because the trial court concluded the claims raised belonged to the Kimeses, not the Williamses. The Williamses did not cross-appeal the denial of their motion. Nor did they file a motion below to join the bank as a necessary party or to dismiss the action pursuant to Rule 52.04(a) and (b) in the bank’s absence.2
In these circumstances the absence of the bank as a party has not been preserved and is waived. The Williamses suffer no injustice by the bank’s absence. The bank as a party would merely be required to repay the Kimeses’ purchase money and be restored as the lienholder against the 72 acres. The Kimeses would have recouped their money from the bank, but the Williamses’ obligation to satisfy the lien would still exist.
This is a lawsuit to quiet title between the Williamses and the Kimeses. The bank has expressly acknowledged that it no longer has any interest in the property. During cross-examination of bank president Gary Raney, in the proceeding following Williams I, the following testimony was given:
Q. Does Farmer’s Bank of Portageville claim a lien on this 72 acre tract today?
A. No, sir.
Q. The loan on that tract was paid off in 1988; wasn’t it?
A. Yes, sir.
The court’s previous “ex ante” holding does not change this because that ruling was equitable in nature to resolve the respective claims of the Williamses and the Kimeses. Full relief is given between the parties to this suit and no claim is left outstanding. Rule 52.04 is not applicable in that the bank has no interest in the real estate that affects the resolution of this suit.
C.
The Kimeses’ second point appealed from alleges trial court error in entering judgment against them in the amount of $13,406.80 because they interpret Williams II as holding that all post-1988 foreclosure sale activities and events must be disregarded. The Kimeses did not appeal that portion of the judgment when it was initially entered in Williams II. Their sole point relied on in Williams II addressed the trial court’s failure to impose an equitable lien in their favor. The point [156]*156relied on expressly contemplated that the requested purchase price money would be off-set by the fair market rental value of the property. The Kimeses could have appealed the net damage award in Williams II. Because they did not, this issue is also precluded under the doctrine of the law of the case. But for the sale, the Williamses would have had fee simple title and the possession and use of the land upon Reba Wrather Lafont’s death in 1993. Instead, the Kimeses wrongfully possessed and used the land for that period of time. The Williamses are entitled to be restored the value of the land for the period of time they were wrongfully deprived of its possession and use on account of the void foreclosure sale.
The Kimeses argue that Williams II required that all post-sale events be disregarded, including accounting for any compensation relating to the land’s use because Williams II reversed and remanded the case “with directions.” They reason that the remand “with directions,” instead of “for further proceedings,” meant that the trial court could not modify, alter, amend, or depart from the mandate. They argue that although the directions were made with primary reference to the purchase price recoupment request, this Court’s mandate was not limited to that issue and indeed included the net damage award. Thus, the Kimeses reason because the trial court’s judgment was reversed with directions, the trial court could not on remand enter the same net damage award. This argument misses the point.
The “directions” announced in Williams II were to “restor[e] the parties to their ex ante position.” 996 S.W.2d at 46. Williams II did not affect the net damage award. In placing the parties in their ex ante position, use of the land since the sale also must be accounted for, not ignored, to avoid inequity to either party.3
III.
The judgment of the trial court is reversed. The case is remanded with directions for a judgment to be entered restoring the parties to their ex ante position by declaring: 1) the 1988 foreclosure sale void; 2) the Williamses as fee simple owners of the 72 acre tract of land described in the petition; 3) damages against the Kimeses and in favor of the Williamses in the amount of $13,406.80 as compensation for the Kimeses’ use of the land from Reba Wrather LaFont’s death in 1993 until the Williamses entered possession in 1997; 4) the Kimeses are entitled to recoupment of their 1988 purchase price money with payment secured by an equitable lien on the subject real estate (no personal liability shall attach to the Williamses); and 5) the amount of damages against the Kimeses shall be increased by the statutory rate of interest from and after the date of the new judgment until satisfied and the amount of the hen also shall be increased correspondingly.
COVINGTON, WHITE and WOLFF, JJ., and SMART, Sp.J., concur.
HOLSTEIN, J., dissents in separate opinion filed: BENTON, J., concurs in opinion of HOLSTEIN, J.; LIMBAUGH, J., not participating.