Valparaiso Bank & Trust Co. v. Royal Trust Bank, N.A.

CHARLES MINER, Associate Judge.

This cause is before us on appeal from a summary final judgment ordering appellant Valparaiso Bank to deliver a release and satisfaction of mortgage to appellee Royal Trust Bank upon payment of $27,-654.43 and interest, and ordering Royal Trust to return $184,511.74 received earlier from a deficiency judgment in a related mortgage foreclosure. We observe that the able circuit judge below was faced with a complicated situation, and we commend his effort to do equity. However, we find error, and must reluctantly reverse.

In an earlier action in which Valparaiso was…