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Category Archives: Forbearance

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Statute of Frauds Prevents Borrower From Modifying Modification Agreement Orally

Posted in Forbearance, Foreclosure, Kentucky Law, mortgage
In Parker v. Kentucky Housing Corporation, the Kentucky Court of Appeals affirmed an order of sale in a foreclosure action.  Mrs. Parker first defaulted on her obligations in 2001 and again in 2004.  Kentucky Housing Corporation modified her loan in March 2005 by reducing the interest rate for two years.  DMM, as agent for KGC,… Continue Reading

The Two Most Important Kentucky Business Foreclosure Decisions…

Posted in Counterclaim, Forbearance, Kentucky Law, Receivership
…arise out of the same case.  The cases are Thompson v. BB&T, 2008-CA-1217 (Ky. Ct. App., June 12, 2009) (“Thompson I“) and Thompson v. BB&T, 2009-CA-1427 (Ky. Ct. App., Jan. 28, 2011) (“Thompson II“). Both decisions arise out of a commercial lending dispute that boiled over into a foreclosure in which the borrower asserted sizeable… Continue Reading