Bennett v. Bourne

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed and remanded the summary judgment granted to Stonington Properties by the circuit court in a foreclosure action involving the enforceability of a mortgage.

The principal issue is whether the mortgage on the Bourne property was void because Stonington Properties was not licensed as a mortgage loan company pursuant to Chapter 294 of the Kentucky Revised Statutes at the time the mortgage loan was entered into, nor did they, at that time, file for a claim of exemption from licensing under that statute.

In…