Acuff v Wells Fargo | Kentucky Court of Appeals Victory - Insufficient to establish whether Wells Fargo was the holder of the Acuffs’ original note

RENDERED: MAY 9, 2014; 10:00 A.M. TO BE PUBLISHED

Commonwealth of Kentucky Court of Appeals NO. 2012-CA-001221-MR

APPEAL FROM KENTON CIRCUIT COURT

HONORABLE MARTIN J. SHEEHAN, JUDGE

TRACY ACUFF AND TAMMY ACUFF APPELLANTS v. WELLS FARGO BANK, N.A., AND THIRD-PARTY DEFENDANTS KENTON COUNTY KENTUCKY; CITY OF INDEPENDENCE, KENTUCKY; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS; FLAGSTAR BANK; AND SHAW ESTATES HOME OWNER’S ASSOCIATION APPELLEES EXCERPT: As the party moving for summary judgment, it was incumbent upon Wells Fargo to demonstrate that there existed no genuine issues of material fact. Steelevest, 807 S.W.2d at 480. We must conclude that the evidence in the record, as it currently stands and viewed in the light most favorable to the Acuffs, is insufficient to establish whether Wells Fargo was the holder of the Acuffs’ original note and thus, the real party in interest at the time the foreclosure action was filed. Because genuine issues of material fact existed, the trial court erred in granting summary judgment.