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Appellate panel affirms foreclosure, cites lack of meritorious defense

November 20, 2012

An Allen County plaintiff whose home was foreclosed lost her appeal Tuesday when a panel of the Indiana Court of Appeals held that she had not demonstrated a meritorious defense.

In Cynthia L. Seleme v. JP Morgan Chase Bank, National Association, as successor by merger to Chase Home Finance, 02A03-1205-MF-234, the appellate judges unanimously affirmed the trial court and rejected Cynthia Seleme’s claim that it abused discretion in denying her motion for relief from judgment after the court entered a default judgment and decree of foreclosure in favor of the defendants.

The appeals court ruling notes that the parties had participated in telephone conferences and an attempt to develop a forbearance plan, and that a settlement conference ensued.

Seleme “did not allege and does not point to any evidence that she made all of the required payments under the initial loan agreement, made all of the required payments under the trial period for the modification, or that she met the requirements of any subsequent modification,” Judge Elaine Brown wrote for the unanimous panel.

“Under the circumstances and based upon the record, we cannot say that Seleme has demonstrated a meritorious defense. We cannot say that the trial court abused its discretion in denying Seleme’s motion for relief from default judgment on this basis,” the court ruled.



 

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