Sally Schilling v. Wesbanco Bank, Inc.

── Sally Schilling v. Wesbanco Bank, Inc. ── Court: Court of Appeals of Kentucky Date: May 08, 2026 Author: Taylor Category: General RENDERED: MAY 8, 2026; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2025-CA-0075-MR SALLY SCHILLING APPELLANT APPEAL FROM OLDHAM CIRCUIT COURT v. HONORABLE JERRY D. CROSBY, II, JUDGE ACTION NO. 23-CI-00100 WESBANCO BANK, INC. APPELLEE OPINION AFFIRMING ** ** ** ** ** BEFORE: CETRULO, A. JONES, AND TAYLOR, JUDGES. TAYLOR, JUDGE: Sally Schilling brings this appeal from a June 10, 2024, Order of the Oldham Circuit Court granting summary judgment in favor of WesBanco Bank, Inc., (WesBanco) and dismissing claims asserted by Schilling. We affirm. FACTS On March 20, 2018, WesBanco filed a foreclosure action (Action No. 18-CI-00153) in Oldham Circuit Court against, inter alios, Sally Schilling. Therein, WesBanco alleged that Schilling had defaulted upon commercial loans evidenced by promissory notes and secured by mortgages upon four separate real properties owned by Schilling. Eventually, by Judgment and Order of Sale entered January 22, 2019, the circuit court rendered judgment against Schilling for the outstanding amount upon the promissory notes and for attorney’s fees, which alone totaled $16,200. Additionally, the circuit court held “[t]he right is reserved to the Plaintiff to make later claims for amounts advanced for taxes, insurance, assessments, sums expended pursuant to [Kentucky Revised Statutes] KRS 426.525, and other levies and costs paid by the Plaintiff, and for any additional reasonable attorney fees expended or incurred by Plaintiff.” Judgment and Order of Sale at 10. The court also directed the master commissioner to sell the real properties owned by Schilling to satisfy the indebtedness. On March 18, 2019, Schilling filed a Chapter 13 bankruptcy proceeding in the United States Bankruptcy Court for the Western District of Kentucky, Louisville Division, (Case No. 19-30821-acs). However, Schilling ultimately elected to voluntarily dismiss the bankruptcy proceeding, and same was dismissed by order entered July 9, 2020. Thereafter, by order entered November 30, 2021, the circuit court referred the action to the master commissioner to conduct a judicial sale, and the master commissioner scheduled a sale of Schilling’s real property, located at 8003 Rollington Road in Pewee Valley, Kentucky, to take place on February 22, 2022. -2- To advert the sale of the 8003 Rollington Road property, Schilling borrowed money from a third party to pay off the outstanding sum owed to WesBanco. According to WesBanco, the payoff amount was $287,295.25,1 and on February 21, 2022, Schilling forwarded said amount to WesBanco. As a result, WesBanco released its mortgage lien upon the property and filed a motion to dismiss the foreclosure action, which was granted by the circuit court on March 23, 2022. Subsequently, on February 20, 2023, Schilling initiated the current action (Action No. 23-CI-00100) by filing a complaint in the Oldman Circuit Court against WesBanco. Therein, Schilling asserted that the payoff amount of $287,295.25, as demanded by WesBanco, was incorrect and that she actually owed some $40,000 less than this amount. As a result, Schilling alleged the following claims against WesBanco: negligence, misrepresentation, breach of contract, unjust enrichment, conversion, intentional/negligent infliction of emotional distress, breach of fiduciary duty, and for an accounting. WesBanco filed an answer and counterclaim. In the counterclaim, WesBanco sought a declaration of ri