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Appeals court reverses mortgage foreclosure

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A pro se litigant in a Starke County foreclosure case will get a new day in court after the Indiana Court of Appeals ruled Tuesday that a judge erred when he granted summary judgment in favor of the bank.

Starke Circuit Court Judge Kim Hall found for Wells Fargo Bank, which was the mortgager of a property owned by Alan Patrick McEntee. But the appeals court reversed the decision and sent the matter back to the trial court.

McEntee claimed that Wells Fargo mishandled payments that he made on the mortgage, including prematurely depositing checks that had been postdated. He also submitted in his defense a timeline of his payment history and his allegation that the bank failed to recognize certain payments as being made. He also said the bank required payments be made only at certain locations in an escalating dispute over how the bank handled payments.

Wells Fargo at some point returned checks that McEntee submitted to pay the mortgage that deducted for such expenses as overdraft fees incurred due to early deposits and mileage to deliver checks to bank branches.

McEntee also countersued Wells Fargo for the full amount of the mortgage owed, claiming “emotional pain and suffering.”  

A unanimous ruling written by Judge L. Mark Bailey in Alan Patrick McEntee v. Wells Fargo Bank, N.A., No. 75A03-1106-MF-277, found multiple errors in the trial court’s grant of summary judgment in favor of Wells Fargo.

“The trial court erroneously entered summary judgment in favor of Wells Fargo on its foreclosure claim because Wells Fargo failed to establish that there was no genuine issue of material fact as to the allegation that McEntee had defaulted on the note,” Bailey wrote.

“The trial court’s entry of summary judgment in favor of Wells Fargo on McEntee’s counterclaims was also in error because Wells Fargo did not establish the absence of a genuine issue of material fact as to McEntee’s affirmative defense, and because McEntee’s counterclaim concerning emotional distress was not properly before the trial court at summary judgment. We therefore reverse the trial court and remand this matter for further proceedings.”

 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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