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MORT. ELEC. REGIS. SYS'S v. MAINSOURCE BANK

No. 2012-CA-001168-MR.

425 S.W.3d 892 (2014)

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; and Its Assignee, Bank of America, N.A., Appellants v. MAINSOURCE BANK; Kevin F. Spalding; Carmen G. Spalding a/k/a Carmen Griffith; and Belgary Auto Sales, Inc., Appellees.

Court of Appeals of Kentucky.

February 21, 2014.

Attorney(s) appearing for the Case

John R. Wirthlin , Thomas H. Stewart , Michael B. Hurley , Cincinnati, OH, for appellant.

Anthony G. Raluy , Louisville, KY, for appellee.

Before LAMBERT, MOORE, and VANMETER, Judges.

OPINION

VANMETER, Judge:

Mortgage Electronic Registration Systems ("MERS") and its assignee Bank of America, N.A. appeal from the Jefferson Circuit Court's order denying their CR1 59.05 motion to vacate the order confirming the Master Commissioner's sale and ordering deed. For the following reasons, we reverse and remand.

On March 14, 2006, Carmen Griffith (now Spalding) took out a loan to purchase her home and...

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