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FIRST UNION HOME EQ. v. BEDFORD LOAN & DEP.

Nos. 2001-CA-002265-MR, 2002-CA-001279-MR.

111 S.W.3d 892 (2003)

FIRST UNION HOME EQUITY BANK, N.A., Appellant, v. BEDFORD LOAN AND DEPOSIT BANK, Appellee.

Court of Appeals of Kentucky.

July 25, 2003.

Attorney(s) appearing for the Case

Mark J. Sandlin, Louisville, KY, for appellant.

David S. Weinstein, Louisville, KY, for appellee.

Before COMBS, GUIDUGLI, and SCHRODER, Judges.

SCHRODER, Judge.

These are consolidated appeals from orders adjudging that appellee's second mortgage has equal priority with appellant's first mortgage, a purchase money mortgage, because the mortgagor's husband did not sign the first mortgage. We adjudge that because of the provision in KRS 392.040(1) stating that a spouse does not have a curtesy interest in land sold to satisfy a purchase money mortgage, the trial court...

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