KY Court of Appeals - Sutej Gill vs. Washington Mutual Bank
In a foreclosure action, appellants held a third lien position and appellee a first lien position. In a settlement conference in the presence of the master commissioner, an agreement was allegedly reached and the parties dictated a recitation of the parties' agreement. Appellee than allegedly included objectionable language into the proposed written agreement not included in the original oral agreement. The trial court has determined there was no meeting of the minds and, therefore, no genuine issue of material fact warranting a trial by jury as to whether an agreement was reached.