KENTUCKY TAX BILL SERVICING, INC. APPELLANT
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
FROM MONTGOMERY CIRCUIT COURT HONORABLE WILLIAM EVANS LANE,
JUDGE ACTION NO. 13-CI-90068
FOR APPELLANT: Joshua M. Bilz Cold Springs, Kentucky Holden
F. Moore Cold Springs, Kentucky
FOR B&P APARTMENTS, INC.: Dodd Douglas Dixon Winchester,
ATTORNEY FOR COMMUNITY TRUST BANK, INC.: James B. Ratliff
ATTORNEY FOR JAMOS FUND I, LP: Greg D. Voss Ft. Mitchell,
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.
BEFORE: JONES, D. LAMBERT AND TAYLOR, JUDGES.
LAMBERT, D., JUDGE.
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.
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. 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.
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 ...