ILNews

Appeals court upholds judgment for mortgage company

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A Lake County trial court’s grant of summary judgment for the lender in a foreclosure case was affirmed Tuesday by the Indiana Court of Appeals.

At issue was an adjustable rate mortgage on which the borrower defaulted and a foreclosure action was filed. Lake Superior Judge John Pera granted summary judgment for the defendant in Phillip A. Collins v. HSBC Bank USA, National Association, as Trustee for Home Equity Loan Trust Series Act, 2004-HE3, 45A03-1111-MF-600.

Collins’ appeal raised issues of whether the trial court erred in not concluding that there was an issue of material fact regarding HSBC’s status as the holder of the note, in denying Collins’ request to conduct additional discovery regarding HSBC’s status, and in granting summary judgment on counterclaims regarding the acts of HSBC’s agent, America’s Service Company.

“Under the circumstances of this case, where Collins does not contest the application of the collateral estoppel doctrine, has not shown an absence of a full and fair opportunity to litigate the issue in the chosen federal court system, and has not shown how the use of estoppel is unfair, we conclude that he is estopped from asserting claims previously lost and litigated,” Judge Rudolph Pyle III wrote in a unanimous opinion.

 

 

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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