In Re: The Matter of the Supervised Estate of Mildred Borgwald, Deceased v. Old National Bank and Raelynn Pound - 2/27/14

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Thursday  February 27, 2014 
3:00 PM  EST

3 p.m. 84A01-1302-ES-80. Wabash College. This appeal involves the review of an order and judgment of foreclosure of an equity line of credit and mortgage against the Supervised Estate of Mildred Borgwald.  The Appellant, the Supervised Estate of Mildred Borgwald (Estate), presents this court with several evidentiary issues pertaining to the competency of ninety-five year old Mildred Borgwald to execute an equity line of credit.  Specifically, the Estate asserts the following errors:

-          Whether the trial court abused its discretion when it excluded the testimony of the Estate’s proffered expert witness, a gyneacologist who had never treated Mildred;

-          Whether the trial court abused its discretion when it admitted redacted certified copies of medical records containing the observations of nurses and physicians regarding Mildred’s mental and physical status;

-          Whether the trial court improperly denied the Estate an opportunity to make an offer of proof; and

-          Whether Old National’s Mortgage was invalidated by failure of the closing agent to read the loan documents to Mildred in violation of Indiana Code section 33-42-2-2(4).

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