First Indiana Federal Savings Bank v. Hartle

I fully agree that the Hartles contracted with Vilesek to pay the "mortgage indebtedness" and that such agreement could have been enforced directly against the Hartles by the Bank. I further agree that a mortgage is security for payment of a debt. Additionally, I agree that "it is possible to give a mortgage to secure a debt without assuming personal liability for that debt." Slip Opinion at 836. This is precisely why I believe assumption of a mortgage does not also assume the underlying debt unless specifically stated.

The "mortgage indebtedness" is the indebtedness set forth in the mortgage.…