KY COURT REJECTS BORROWERS’ STATUTE OF LIMITATIONS | KEY POINTS

1. 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.

2. 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.

3. The Court properly entered an order denying the borrowers’ motion for judgment on the pleadings allowing the case to proceed on the merits.

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