NAT. BANK v. AMERICAN GENERAL HOME EQUITY

Nos. 2010-CA-002081-MR, 2010-CA-002082-MR.

387 S.W.3d 345 (2012)

U.S. NATIONAL BANK ASSOCIATION as successor in interest to Wachovia Custodian for Sass Muni V DTR, Appellant/Cross-Appellee, v. AMERICAN GENERAL HOME EQUITY, INC; Tammy Childers n/k/a Tammy Ward; John Childers; Johnson County, Kentucky; City of Paintsville; Tax Ease Lien Investments 1, LLC, Appellees. and Tax Ease Lien Investments I, LLC, Appellant/Cross-Appellee, v. American General Home Equity, Inc; U.S. National Bank Association, as successor in interest to Wachovia Custodian for Sass Muni V DTR; Tammy Childers n/k/a Tammy Ward; John Childers; Johnson County, Kentucky; City of Paintsville, Appellees.

Court of Appeals of Kentucky.

October 5, 2012.


Attorney(s) appearing for the Case

M. Jake Bliss Lexington, KY, for Appellants Tax Ease Lien Investments 1, LLC; and U.S. Bank National Association as successor in interest to Wachovia Custodian for Sass Muni V DTR.

M. Scott Mattmiller , Harold L. Kirtley , II Lexington, KY, for Appellee American General Home Equity, Inc.

Before CAPERTON and THOMPSON, JUDGES; LAMBERT, Senior Judge.


OPINION

LAMBERT, Senior Judge:

Tax Ease Lien Investments 1, LLC (Tax Ease) and U.S. Bank National Association, as successor in interest to Wachovia Custodian for Sass Muni V DTR (U.S. Bank), appeal from a post-judgment order of the Johnson Circuit Court. The circuit court held that the foreclosure sale purchaser American General Home Equity, Inc. (American General) was required to pay only the amount in excess of its judgment-lien credit on its winning...

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