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Dismissed foreclosure involving merged lender reinstated

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A mortgage foreclosure dismissed by a Lake Superior judge was reinstated Thursday by a panel of the Indiana Court of Appeals.

The panel reversed and remanded Judge Calvin D. Hawkins’ dismissal of a lender’s claim of damages against a widow who 20 years ago took out a $60,000 note with her husband on a Crown Point home the couple bought in 1972.

Sharon L. Hatton’s husband died in 2008, and she stopped making payments on the note in 2009, according to the record. The lender brought suit, Beneficial Financial 1 Inc., Successor in Interest to Beneficial Mortgage Co. of Indiana v. Sharon Hatton, a/k/a Sharon J. Hatton, First Select, Inc., Calvary SPV, II, LLC, and Discover Bank, 45A03-1212-MF-531.

Hatton moved to dismiss the claim on two grounds: that an erroneous legal description invalidated the note, and that Beneficial Financial 1 failed to prove it had an interest in the property as the successor company to Beneficial Mortgage Co. of Indiana. Hawkins granted the motion, but the appeals panel said relief under T.R. 12(B)(6) was error.

 “Moreover, Beneficial’s proof of status as surviving entity in its merger with Beneficial Mortgage Company of Indiana was sufficient to establish its standing to pursue an action to foreclose the security interest set out in the mortgage. This cause is remanded with instructions to reinstate Beneficial’s complaint for damages.”

Beneficial also must have an opportunity to prove that a mutual mistake was the cause of the erroneous legal description of the property secured by the mortgage, the panel ruled.

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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

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  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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