LaFarr v. Scribner

Defendants appeal from a judgment of the Franklin Superior Court barring their utilization of claimed affirmative defenses in a suit for recovery on a note due to plaintiff. We reverse.

I

In 1980, defendants gave plaintiff a second mortgage and a note secured by land and premises in defendants’ possession. Thereafter, plaintiff brought a foreclosure proceeding, and in 1983, the Franklin Superior Court issued a judgment and decree of foreclosure on the mortgage. A deficiency judgment on the mortgage was neither requested by plaintiff nor granted by the court. Defendants failed to redeem the land…