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Kentucky Tax Bill Servicing, Inc. v. B&P Apartments, Inc.

Court of Appeals of Kentucky

July 21, 2017

KENTUCKY TAX BILL SERVICING, INC. APPELLANT
v.
B&P APARTMENTS, INC.; JAMOS FUND I, LP; COMMUNITY TRUST BANK, INC.; PEOPLE'S EXCHANGE BANK OF BEATTYVILLE KENTUCKY, INC., D/B/A PEOPLE'S EXCHANGE BANK; CITY OF MT. STERLING, KENTUCKY; COUNTY OF MONTGOMERY, KENTUCKY APPELLEES

         APPEAL FROM MONTGOMERY CIRCUIT COURT HONORABLE WILLIAM EVANS LANE, JUDGE ACTION NO. 13-CI-90068

          BRIEF FOR APPELLANT: Joshua M. Bilz Cold Springs, Kentucky Holden F. Moore Cold Springs, Kentucky

          BRIEF FOR B&P APARTMENTS, INC.: Dodd Douglas Dixon Winchester, Kentucky

          ATTORNEY FOR COMMUNITY TRUST BANK, INC.: James B. Ratliff Pikeville, Kentucky

          ATTORNEY FOR JAMOS FUND I, LP: Greg D. Voss Ft. Mitchell, Kentucky

          ATTORNEY FOR PEOPLE'S EXCHANGE BANK OF BEATTYVILLE AND KENTUCKY, INC., D/B/A PEOPLE'S EXCHANBE BANK: Natalie J. Damron Lexington, Kentucky

          ATTORNEY FOR CITY OF MT. STERLING, KENTUCKY: Brandie L. Hall Mt. Sterling, Kentucky

          ATTORNEY FOR MONTGOMERY, KENTUCKY: Kevin C. Cockrell Mt. Sterling, Kentucky

          BEFORE: JONES, D. LAMBERT AND TAYLOR, JUDGES.

          OPINION

          LAMBERT, D., JUDGE.

         This is an appeal from a summary judgment order dismissing a real estate foreclosure action. Kentucky Tax Bill Servicing, Inc. (KTBS) sought to enforce a tax lien against B&P Apartments (B&P), but the Montgomery Circuit Court held KTBS's action barred under the doctrine of res judicata. After review, we reverse.

         I. FACTUAL BACKGROUND

         B&P owned the real property situated at 221 Larkin Bay, Mount Sterling, Kentucky. In October 2008, KTBS acquired the 2006 property tax certificate of delinquency assessed against the Larkin Bay property.[1] Two years later, another creditor filed a rash of foreclosure actions against B&P. KTBS filed an answer/crossclaim in one of them styled as Case Number 10-CI-90318.

         In March 2011, the circuit court consolidated all of the foreclosure actions into one. The case progressed in this manner until September 2011 when the circuit court granted summary judgment in favor of another creditor and ordered the judicial sale of some of B&P's properties. The proceeds from the sales did not satisfy B&P's outstanding debt. Hence, the circuit court entered a deficiency judgment in March 2012, designating it a final and appealable order. The circuit court also added a handwritten statement on the March ...


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