The Indiana Supreme Court will consider a mortgage foreclosure case involving whether one of the parties was entitled to a foreclosure decree for equitable real estate liens on an Indianapolis property.
During a conference Thursday, justices took up the case of Wells Fargo Bank, N.A., et al. v. Brett Gibson, No. 49S02-0910-CV-442, which the Indiana Court of Appeals had ruled on in an April 28, 2009, opinion.
In that decision, the appellate court affirmed the trial court's determination that Thomas and Elizabeth Neu weren't entitled to a decree of foreclosure pursuant to their equitable subrogation lien. The lower court also denied their claims for interest and attorneys fees, under the terms of the prior mortgage, and affirmed that the Neus are entitled to proceed with a sheriff's sale.