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MORTGAGE ELECTRONIC REG. SYSTEMS v. ABNER

No. 2007-CA-000574-MR.

260 S.W.3d 351 (2008)

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; and Bank of New York Trust Company, as Trustee for RASC2003KS, Successor by Assignment from JPMorgan Chase Bank, as Trustee for RASC2003KS, Appellants v. Donald Wayne ABNER and Roxanne Abner, Appellees.

Court of Appeals of Kentucky.

July 25, 2008.

Attorney(s) appearing for the Case

Jeffrey W. Kibbey, Louisville, KY, for appellant.

Addison Parker, Richmond, KY, for appellees.

Before ACREE, DIXON, and TAYLOR, Judges.

OPINION

DIXON, Judge.

Appellants, Bank of New York Trust Company and Mortgage Electronic Registration Systems, Inc. (MERS), appeal from an order of the Madison Circuit Court denying their motion to compel arbitration in this forclosure matter. As we agree with the trial court's finding that the arbitration clause is unconscionable, we affirm.

On September 25, 2002, Appellees, Donald Wayne and Roxanne Abner, executed a promissory note in the...

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