Acuff v Wells Fargo | Kentucky Court of Appeals Victory - Insufficient to establish whether Wells Fargo was the holder of the Acuffs' original note

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Acuff v Wells Fargo | Kentucky Court of Appeals Victory – Insufficient to establish whether Wells Fargo was the holder of the Acuffs’ original note

Acuff v Wells Fargo | Kentucky Court of Appeals Victory – Insufficient to establish whether Wells Fargo was the holder of the Acuffs’ original note

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.

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