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WELLS FARGO FINANCIAL KENTUCKY v. THOMER

No. 2008-CA-001837-MR.

315 S.W.3d 335 (2010)

WELLS FARGO FINANCIAL KENTUCKY, INC., Appellant, v. John Robert THOMER; Dawn Alexis Thomer; United States of America; and Mooring Tax Asset Group, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 28, 2010.

Attorney(s) appearing for the Case

David A. Stringer, Cincinnati, OH, for appellant.

Robert E. Blau, Cold Spring, KY, for appellees, John Robert Thomer and Dawn Alexis Thomer.

Before KELLER and NICKELL, Judges; LAMBERT, Senior Judge.

OPINION

LAMBERT, Senior Judge.

This appeal pits competing lien priority claimants against one another. Appellant, Wells Fargo Financial Kentucky, Inc. (Wells Fargo), claims that its mortgage is superior by virtue of the future advance clause of the mortgage, while Appellees, John Robert Thomer and Dawn Alexis Thomer (Thomers), claim that their judgment lien achieved superior status when a new promissory note and mortgage were executed in favor of...

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