Legal Opinion

Select Portfolio Servicing, Inc. v. Blevins

Court of Appeals of Kentucky

Decided July 8, 2016No. 2015-CA-000807-MRPublished

1Opinion of the Court

OPINION

CLAYTON, JUDGE:

In the case before us, a trustee for a mortgage-backed securitized trust executed a limited power of attorney (“LPOA”) to a master servicer. In that LPOA, the trustee granted the piaster servicer authority to issue LPOAs to subservicers so the subservicers have authority to act and sign for loans held in the mortgage-backed securitized trust. These second LPOAs are colloquially called “piggy-back” powers of attorney. Select Portfolio Servicing, Inc. (hereinafter “SPS”) is a subservicer operating under a “piggy-back” power of attorney.

SPS attempted to file a mortgage…

2Cases cited12 opinions

  1. Ping v. Beverly Enterprises, Inc.Kentucky Supreme Court · 2012
  2. Phelps v. Louisville Water Co.Kentucky Supreme Court · 2003
  3. Cincinnati Insurance Co. v. Motorists Mutual Insurance Co.Kentucky Supreme Court · 2010
  4. Extendicare Homes, Inc. v. WhismanKentucky Supreme Court · 2015
  5. Transportation Cabinet, Bureau of Highways, Commonwealth v. LeneaveCourt of Appeals of Kentucky · 1988

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