LIS PENDENS: US BANK V. HASTY (COA 8/17/2007)

US BANK V. HASTY
PROPERTY:  LIS PENDENS
2006-CA-000758
PUBLISHED: AFFIRMING
PANEL: BUCKINGHAM PRESIDING; LAMBER AND MOORE CONCUR
COUNTY: MCCRACKEN
DATE RENDERED: 8/17/2007

US Bank appeals the denial of a CR 60.02 motion to set aside a final judgment and to amend its complaint to add Heights Finance Corp. to the foreclosure action. Heights filed a judgment lien on the property being foreclosed upon after the filing of the foreclosure by US Bank but BEFORE the bank filed a lis pendens notice. Height’s lein survived the foreclosure action and clouded the title. CA affirms the Circuit Court Action.

The Circuit Court initially granted the bank’s motion to set aside the judgment under Rule 60.02(a), then rescinded that order and a summary judgment motion by the bank was denied. CA found that the trial court’s denial did not constitute an abuse of discretion.

"[T]he determination to grant relief from a judgment or order pursuant to CR 60.02 is one that is generally left to the sound discretion of the trial court[.]" Schott vs. Citizens Fidelity.

Digested by Paul O’Bryan @ O’Bryan & Denbow Law Office

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