ILNews

Lawyer failed to deny note execution under oath

Back to TopE-mailPrintBookmark and Share

Because an attorney acting pro se in a mortgage suit didn't include a statement in his general denial that the denial was truthful and made under penalty for perjury, he failed to deny under oath the execution of the note, the Indiana Court of Appeals ruled today.

In Brian B. Baldwin v. Tippecanoe Land & Cattle Co., No. 55A01-0902-CV-52, the appellate court affirmed summary judgment in favor of Tippecanoe Land & Cattle Co. in its claim to foreclose its second mortgage held by Baldwin.

Tippecanoe submitted the secured installment promissory note that was not signed, and a real estate second mortgage that appeared to be signed by Baldwin. Baldwin filed a one-sentence answer entering a general denial. His answer was signed and listed his attorney number, but didn't contain an oath.

The day before the hearing, Baldwin filed a verified response arguing the second mortgage was unenforceable because the note wasn't signed nor attached to the second mortgage.

Taken collectively, Indiana Trial Rules 8(B), 9.2(B), and 11(A) mean that an attorney's signature on a general denial rejects the assertion of the claim, but doesn't constitute an oath by which the pleader denies the execution of an instrument attached to a claim, wrote Judge Patricia Riley. Execution of the note and second mortgage would be deemed established under Indiana Trial Rule 9.2(B) unless Baldwin denied under oath that they were executed.

He didn't include a statement that his general denial was truthful and made under penalty for perjury, so he failed to deny under oath the execution of the note, she wrote.

ADVERTISEMENT

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

ADVERTISEMENT