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Appeals court upholds judgment for mortgage company

September 11, 2012

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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