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Foreclosure affirmed on transferred mortgage

August 22, 2013

A couple who stopped making mortgage payments in 2007 and continued to live in their house failed to convince an appeals panel that a trial court erred in determining who holds the note and ruled the mortgage valid despite an allegedly defective acknowledgement.

A unanimous Indiana Court of Appeals panel ruled in Roger A. Buchanan and Susan Buchanan v. HSBC Mortgage Services, Inc., 39A01-1211-MF-515, that summary judgment in favor of the lender was properly granted.

The arguments on appeal failed to persuade Judge Edward Najam, who wrote for the panel, “The Buchanans have not demonstrated the existence of any genuine issue of material fact precluding summary judgment. The trial court did not err when it found that HSBC is the holder of the note.”

Najam concluded, “the notarial acknowledgement is insignificant. The Buchanans’ contention on this issue is without merit.”

 

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