FUTURE FEDERAL SAV. & LOAN ASS'N v. DAUNHAUER


687 S.W.2d 871 (1985)

FUTURE FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellant, v. David Michael DAUNHAUER, Alphonse Elrod, Willis H. Tassie, Christine Ballmann, Laura Speckman, Mary Miller, Mary R. Stephenson (a/k/a Buechter), Maxwell Allen, Louise Bohannan, Catherine Crabtree, Virginia Keyer, Aileen Brown, Aileen Goode, Louise Louis Waller, Mr. and Mrs. Hoffa, Thomas Pfersching, John Sargent, Mr. and Mrs. Mahoney, Laudia Dame, Gary McKim, Thelma Williamson, Thierman Apartments, and Liberty National Bank and Trust Company of Louisville, Appellees.

Court of Appeals of Kentucky.

April 12, 1985.


Attorney(s) appearing for the Case

Claude L. Nutt, Nutt & Yann, Louisville, for appellant.

Bruce Hadley, Jefferson K. Steepey, Louisville, for appellees.

Henry K. Jarrett, III, Hanish, Davenport, Rosenberg & Weiner, Louisville, for appellee, Thierman Apartments.

John S. Osborn, Jr., Richard W. Iler, Wyatt, Tarrant & Combs, Louisville, for amicus curiae, Commonwealth Land Title Insur. Co.

Before DUNN, HOWARD and HOWERTON, JJ.


HOWERTON, Judge.

Future Federal appeals from a judgment of the Jefferson Circuit Court dismissing its foreclosure action against David Michael Daunhauer and holding that it had an unenforceable mortgage lien. The primary question to be answered is whether Daunhauer had acquired by deed a freely alienable and mortgageable undivided interest in real property developed as a noncorporate cooperative apartment complex. We conclude that he did and, although the mortgage...

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