https://dallegal.com/wp-content/uploads/2021/02/DAL_revision4-1-300x91.png 0 0 Jeffrey Helms https://dallegal.com/wp-content/uploads/2021/02/DAL_revision4-1-300x91.png Jeffrey Helms2023-09-29 13:52:052023-09-29 15:00:53KY COURT REJECTS BORROWERS’ STATUTE OF LIMITATIONS | KEY POINTS
- The 56th Circuit Court (Livingston County, Kentucky) recently refused to grant defendant-borrower’s motion for judgment on the pleadings based on their defense that the foreclosure was time-barred by the fifteen-year statute of limitations. JPMorgan Chase Bank, National Assoc. v. Mary Quertermous, etc., Livingston Circuit Court Case No. 23-CI-00042.
- Judge White agreed with the bank’s counterarguments which were based on a procedural defect in the pleadings which prevented the court from entering a judgment on the pleadings and based on substantive defects with the borrowers’ statute of limitations defense due to a failure of proof.
- The Court properly entered an order denying the borrowers’ motion for judgment on the pleadings allowing the case to proceed on the merits.