Mortgage Electronic Registration Systems, Inc. v. MainSource Bank

OPINION

VANMETER, Judge:

Mortgage Electronic Registration Systems (“MERS”) and its assignee Bank of America, N.A. appeal from the Jefferson Circuit Court’s order denying their CR1 59.05 motion to vacate the order confirming the Master Commissioner’s sale and ordering deed. For the following reasons, we reverse and remand.

On March 14, 2006, Carmen Griffith (now Spalding) took out a loan to purchase her home and, in exchange, executed a mortgage in favor of MERS as assignee of American Mortgage Service Company (“AMS”), its successors and assigns. The mortgage to MERS was recorded on March 21,…