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Bank wins in appeal of foreclosure action

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The Indiana Court of Appeals affirmed summary judgment in favor of Wells Fargo on its action to foreclose on a mortgage and collect from the guarantor of the loan, ruling that the loan documents were properly assigned to the bank.

In the summer of 2006, Riviera Plaza Investments, by Haresh Shah, executed and delivered a note by which it promised to pay Citibank the sum of $2,925,000 in monthly installment payments of principal plus interest. On the same date, Riviera, again by Shah, executed a mortgage in order to secure the payment of the note. Shah executed a guaranty in favor of
Citibank.

Riviera failed to make the scheduled monthly payments on the note, which led to Citibank initiating foreclosure proceedings against Riviera in 2010. Citibank sold the loan documents at issue to Nova Investments, which later assigned them to Wells Fargo during the course of this foreclosure action.

The trial court ruled in favor of Wells Fargo with regard to Riviera and Shah, and entered a decree of foreclosure in July 2013.

Appellants claim that the trial court erred in ruling in favor of Wells Fargo because Wells Fargo failed to prove a valid assignment of the loan documents, but the designated evidence shows that Citibank assigned its right, title and interest in the note and mortgage to Nova, which in turn assigned those to Wells Fargo, the COA held in Riviera Plaza Investments, LLC and Haresh Shah v. Wells Fargo Bank, N.A., 02A03-1308-MF-323.

The judges also rejected Riveria and Shah’s claims that the trial court erred in finding Wells Fargo was entitled to recover from the appellants; that the assignment of the loan documents did not constitute a material alteration which would release Shah from his obligation under the guaranty; and that Wells Fargo was entitled to an award of interest.

Judge Cale Bradford pointed out that the appellants never objected to the substitution of Wells Fargo as the real party in interest and plaintiff on the amended complaint.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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