American General Home Equity, Inc. v. Kestel

Opinion of the Court by

Justice MINTON.

I. INTRODUCTION.

American General Home Equity, Inc., filed a mortgage foreclosure action in circuit court against Teresa Kestel. Kestel counterclaimed, asserting fraud and federal and state statutory claims under the Truth in Lending Act and the Kentucky Consumer Protection Act. The trial court denied American General’s motion to compel arbitration on Kestel’s counterclaims, finding that no arbitration agreement existed between American General and Kes-tel. A majority of the Court of Appeals panel hearing the case on appeal disagreed with the trial court…