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Kentucky ruling prevents Indiana court from addressing claim

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Because the principles of full faith and credit required a Clark Circuit court to consider the judgments of a Kentucky court involving the default of promissory notes on property in Kentucky and Indiana, there was no error by the Indiana court in granting a bank the right to foreclose.

Robert and Beverly Setree obtained three promissory notes from River City Bank, which were secured by mortgages on real estate they owned in Jeffersonville, Ind., and Louisville, Ky. The Setrees failed to pay Indiana real estate taxes on a property, bringing them in default of the terms of a 2007 note. By not paying the taxes on the property, it triggered River City’s right to accelerate all debts due and owed under the other notes and foreclose on all the mortgages it held on the Setrees’ various properties.

Two actions were started in Clark Circuit Court and two in Jefferson Circuit Court in Kentucky. The Kentucky court entered a final judgment and ordered the sale of two Kentucky properties.

At issue in this case is the Clark Circuit Court grant of River City’s motion for summary judgment to foreclose on an Indiana property entered after the Kentucky court ruled. The Indiana court ruled that res judicata prevented the relitigation of the Setrees’ default on the 2007 note and mortgage.

The Court of Appeals agreed that the Kentucky judgments had acquired subject matter jurisdiction and personal jurisdiction over the parties before it, so it must afford full faith and credit to those opinions.

In the instant case, res judicata is more properly defined as issue preclusion, Judge Patricia Riley wrote in Robert R. Setree, II, and Beverly L. Setree v. River City Bank, 10A01-1311-MF-485.  

“The same issues—the Setrees’ failure to pay Indiana property tax pursuant to their 2007 Note and their right to cure—between the same parties—the Setrees and River City—governed the Kentucky cases and this appeal. River City’s right to foreclose on all three notes was triggered as a result of the Setrees’ failure to pay their Indiana taxes on the Cardinal Lane Property,” she wrote.

“Because of cross-default provisions in the three notes executed between the Setrees and River City, the Setrees’ default under the 2007 Note constituted a default under the previously executed two notes as well. Therefore, the Kentucky courts’ decisions to grant River City the right to foreclose on the Setrees’ Kentucky properties necessarily included a determination of default under the 2007 Note—the issue before the trial court,” she continued.

“Although the Kentucky cases concerned different mortgages and different property than the instant cause, they litigated the same issues between the same parties: the Setrees’ failure to pay the Indiana taxes on the Cardinal Lane Property and the Setrees’ right to cure its failure under the 2007 Note. Therefore, granting the Kentucky judgments full faith and credit, we are precluded from addressing the Setrees’ claim.”

 

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  • Did ky rule on IN contract?
    Did Indiana legislature expect a KY court to remove the contractal requiremnt of INdiana MOrtgages to contain notice and right to cure? INside the KY cases is the pleading saying KY requires no Notice of default. The KY court made no determination of the Indiana Notice and right to cure.
  • What did the KY court decide
    RCB testified it sent no notice and no right to cure in either state. Ky lawyers wrote briefs for the KY commissioner about the Indiana Mortgage. The KY court determined the quietus money to be unsecured debt. Both KY courts refused to pay the quietus money out of the proceeds of the land sale. RCB never testified that all conditions precendent were met. The court ignored the payments accepted by RCB after the foreclosure was filed. RCB business records showed no payments late. I can tell you RCB intend to add the quietus to the back of the loan. Proved by email and blue ink signature. This is not simple foreclosure, the bank has unclean hands. The Judge accepted that a letter written by the Setree's more than 10 days after the foreclosure was filed was Notice from RCB, and rejected the Setree claim that their knowledge and their hand can not be Notice. From what you read here res judicata is being used because the normal facts in a foreclosure will not let the bank win. I am represented. We would like to hear your detailed comments. Bob Setree

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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