Legal Opinion

Kendrick v. Rothacre (In Re Rothacre)

United States Bankruptcy Court, E.D. Kentucky

Decided May 25, 2010No. 19-60137PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION

WILLIAM S. HOWARD, Bankruptcy Judge.

This matter constitutes another chapter in the continuing saga of trustee challenges to residential real estate mortgages. The Plaintiff and Defendants Bluegrass Mortgage Services, Inc. (“BMS”) and Mortgage Electronic Registration Systems, Inc. (“MERS”) filed cross-motions for summary judgment (the Defendants together filed a motion). The Plaintiff also filed a motion for an order allowing him to sell the real estate in question pending resolution of these issues (“Motion to Sell Subject Property Pending Adjudication”). The matter was…

2Cases cited5 opinions

  1. Loeb v. ConleyCourt of Appeals of Kentucky · 1914
  2. Rogan v. America's Wholesale LenderCourt of Appeals for the Sixth Circuit · 2004
  3. Mercantile Trust Co. v. South Park Residence Co.Court of Appeals of Kentucky · 1893
  4. American National Bank v. John Van Range Co.Court of Appeals of Kentucky (pre-1976) · 1925
  5. Murphy v. Provident Bank (In Re Miller)United States Bankruptcy Court, D. Idaho · 2001

3Cited by4 opinions

  1. Rogan v. American General Home Equity, Inc. (In Re Brockman)Bankruptcy Appellate Panel of the Sixth Circuit · 2011
  2. M & I BANK, FSB v. WilkeyDistrict Court, W.D. Kentucky · 2005
  3. Addison v. U S Bank National AssociationUnited States Bankruptcy Court, W.D. Kentucky · 2020
  4. In re: Steven Brockman v.Bankruptcy Appellate Panel of the Sixth Circuit · 2011

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