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UNION PLANTERS BANK, N.A. v. HUTSON

No. 2004-CA-002160-MR.

210 S.W.3d 163 (2006)

UNION PLANTERS BANK, N.A., Appellant, v. Donna B. HUTSON and Joan Barton, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied December 4, 2006.

Attorney(s) appearing for the Case

Karen J. Greenwell, James T. Hodge, Mickey T. Webster, Wyatt, Tarrant & Combs, LLP, Lexington, KY, Shane A. Romines, Copeland & Romines Law Office PLLC, Corbin, KY, for appellant.

Darrell L. Saunders, PSC, Corbin, KY, for appellee.

Before GUIDUGLI and HENRY, Judges; POTTER, Senior Judge.

OPINION

POTTER, Senior Judge.

Union Planters Bank failed to timely release a mortgage on property owned by Donna B. Hutson and her mother, Joan Barton. They sued Union Planters under KRS 382.365, which imposes penalties upon a mortgage holder who fails to timely release the mortgage after the underlying note is satisfied. Union Planters appeals from a $98,000 adverse judgment.

KRS 382.365, which was first enacted in 1978,

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