Citimortgage, Inc. v. Shannon S. Barabas, et al. - 6/1/12

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Friday  June 1, 2012 
9:00 AM  EST

9 a.m. No. 48S04-1204-CC-213. The homeowner obtained loans from Irwin Mortgage Corp. and ReCasa Financial Group, LLC and executed first and second mortgages. After the homeowner defaulted on the second loan, ReCasa Financial filed a foreclosure action and named the homeowner and Irwin Mortgage as defendants. Irwin Mortgage filed a disclaimer of interest. The Madison Circuit Court entered a judgment of foreclosure for ReCasa Financial. Citimortgage filed a motion for relief from the judgment, alleging Mortgage Electronic Registration Systems Inc., not Irwin Mortgage, was the mortgagee of record on the first mortgage, and ReCasa Financial was required, but failed, to name MERS as a defendant in the foreclosure action. The trial court denied Citimortgage's motion. A majority of the Court of Appeals affirmed.

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