RENDERED: MAY 9, 2014; 10:00 A.M.
TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2012-CA-001221-MR
APPEAL FROM KENTON CIRCUIT COURT
HONORABLE MARTIN J. SHEEHAN, JUDGE
TRACY ACUFF AND
TAMMY ACUFF APPELLANTS
v.
WELLS FARGO BANK, N.A., AND
THIRD-PARTY DEFENDANTS KENTON
COUNTY KENTUCKY; CITY OF
INDEPENDENCE, KENTUCKY; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS;
FLAGSTAR BANK; AND SHAW ESTATES
HOME OWNER’S ASSOCIATION APPELLEES
EXCERPT:
As the party moving for summary judgment, it was incumbent upon
Wells Fargo to demonstrate that there existed no genuine issues of material fact.
Steelevest, 807 S.W.2d at 480. We must conclude that the evidence in the record,
as it currently stands and viewed in the light most favorable to the Acuffs, is
insufficient to establish whether Wells Fargo was the holder of the Acuffs’ original
note and thus, the real party in interest at the time the foreclosure action was filed.
Because genuine issues of material fact existed, the trial court erred in granting
summary judgment.
