Foreclosure Hell

Snailhttp://law.justia.com/cases/indiana/supreme-court/2011/09151101shd.html

Lucas v. US Bank.

Court: Indiana Supreme Court

Docket: 28S01-1102-CV-78
Opinion Date: September 15, 2011

Judge: David

Areas of Law: Bankruptcy, Commercial Law, Consumer Law

Loan borrowers entered into a residential mortgage loan. After a dispute about whether the borrowers paid the proper amount of property taxes, the mortgage holder filed a foreclosure action, alleging that the borrowers failed to pay monthly mortgage payments and fees. The borrowers asserted numerous legal defenses and claims against the mortgage holder and loan servicer. The borrowers asked for a jury trial on these defenses and claims, but the trial court denied the request, reasoning that foreclosure was an “essentially equitable” cause of action. The court of appeals reversed, concluding that the essential features of this case were not equitable. The Supreme Court affirmed the trial court’s denial of the borrowers’ request for a jury trial, holding that the borrowers’ claims and defenses shall be tried in equity because the core legal questions presented by the borrowers’ defenses and claims were significantly intertwined with the subject matter of the foreclosure action.