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Kentucky ruling prevents Indiana court from addressing claim

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Because the principles of full faith and credit required a Clark Circuit court to consider the judgments of a Kentucky court involving the default of promissory notes on property in Kentucky and Indiana, there was no error by the Indiana court in granting a bank the right to foreclose.

Robert and Beverly Setree obtained three promissory notes from River City Bank, which were secured by mortgages on real estate they owned in Jeffersonville, Ind., and Louisville, Ky. The Setrees failed to pay Indiana real estate taxes on a property, bringing them in default of the terms of a 2007 note. By not paying the taxes on the property, it triggered River City’s right to accelerate all debts due and owed under the other notes and foreclose on all the mortgages it held on the Setrees’ various properties.

Two actions were started in Clark Circuit Court and two in Jefferson Circuit Court in Kentucky. The Kentucky court entered a final judgment and ordered the sale of two Kentucky properties.

At issue in this case is the Clark Circuit Court grant of River City’s motion for summary judgment to foreclose on an Indiana property entered after the Kentucky court ruled. The Indiana court ruled that res judicata prevented the relitigation of the Setrees’ default on the 2007 note and mortgage.

The Court of Appeals agreed that the Kentucky judgments had acquired subject matter jurisdiction and personal jurisdiction over the parties before it, so it must afford full faith and credit to those opinions.

In the instant case, res judicata is more properly defined as issue preclusion, Judge Patricia Riley wrote in Robert R. Setree, II, and Beverly L. Setree v. River City Bank, 10A01-1311-MF-485.  

“The same issues—the Setrees’ failure to pay Indiana property tax pursuant to their 2007 Note and their right to cure—between the same parties—the Setrees and River City—governed the Kentucky cases and this appeal. River City’s right to foreclose on all three notes was triggered as a result of the Setrees’ failure to pay their Indiana taxes on the Cardinal Lane Property,” she wrote.

“Because of cross-default provisions in the three notes executed between the Setrees and River City, the Setrees’ default under the 2007 Note constituted a default under the previously executed two notes as well. Therefore, the Kentucky courts’ decisions to grant River City the right to foreclose on the Setrees’ Kentucky properties necessarily included a determination of default under the 2007 Note—the issue before the trial court,” she continued.

“Although the Kentucky cases concerned different mortgages and different property than the instant cause, they litigated the same issues between the same parties: the Setrees’ failure to pay the Indiana taxes on the Cardinal Lane Property and the Setrees’ right to cure its failure under the 2007 Note. Therefore, granting the Kentucky judgments full faith and credit, we are precluded from addressing the Setrees’ claim.”

 

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  • Did ky rule on IN contract?
    Did Indiana legislature expect a KY court to remove the contractal requiremnt of INdiana MOrtgages to contain notice and right to cure? INside the KY cases is the pleading saying KY requires no Notice of default. The KY court made no determination of the Indiana Notice and right to cure.
  • What did the KY court decide
    RCB testified it sent no notice and no right to cure in either state. Ky lawyers wrote briefs for the KY commissioner about the Indiana Mortgage. The KY court determined the quietus money to be unsecured debt. Both KY courts refused to pay the quietus money out of the proceeds of the land sale. RCB never testified that all conditions precendent were met. The court ignored the payments accepted by RCB after the foreclosure was filed. RCB business records showed no payments late. I can tell you RCB intend to add the quietus to the back of the loan. Proved by email and blue ink signature. This is not simple foreclosure, the bank has unclean hands. The Judge accepted that a letter written by the Setree's more than 10 days after the foreclosure was filed was Notice from RCB, and rejected the Setree claim that their knowledge and their hand can not be Notice. From what you read here res judicata is being used because the normal facts in a foreclosure will not let the bank win. I am represented. We would like to hear your detailed comments. Bob Setree

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

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  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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