KeyBank National Ass'n v. Allen

OPINION

THOMPSON, JUDGE:

KeyBank National Association, a National Bank, appeals from a final judgment dismissing its action. The issue presented is whether KeyBank could properly file an action seeking a personal judgment against George R. Allen for default on a promissory note which accompanied a junior mortgage, after KeyBank failed to appear to defend its interests in a prior foreclosure action of the senior mortgage on the property.

On December 20, 2007,, KeyBank lent George and his wife, Anna, $46,458.50 secured by a mortgage upon their marital residence in Louisville and a promissory note.…