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There is an interesting new published decision out of the Kentucky Court of Appeals in the case Bruner v. Discover Bank:


Bruner v. Discover Bank, No. 09-CI-004421 (Ky. App. 2012) 


Although this is a credit card case rather than a mortgage foreclosure case, it is still instructive.


Take particular care in assessing the implications of the absence of written authority for the purported power.  By way of analogy, if this had been a foreclosure case and Bruner had put in the PSA (which PROVES THE AGENCY), then the appellee might have won.


In this instance, Bruner gets only a reversal and remand rather than a dismissal.  If Bruner had filed a motion for defensive summary judgment, he might have gotten a dismissal on standing.  If he had followed the unsound advice of proponents of Adam Levitin and the Horace decision, he would have lost


Another appellate decision vindicates Mr. Roper's suggested strategies.  Still no appellate decisions support Mr. Levitin.

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