National City Bank of Indiana v. Ortiz

DISSENTING OPINION ON REHEARING1

KEM THOMPSON FROST, Justice.

I respectfully dissent.

Appeal

The main issue in this case is whether there is more than one reasonable interpretation of two letters signed on behalf of National City Bank of Indiana (the “Bank”) by National City Home Loan Services, Inc. (the “Servicer”), at the request of one of the Bank’s borrowers, Albert Ortiz. There is only one, and it is this: without receiving any consideration, the Bank expressly waived all of its rights against Ortiz under the promissory note dated March 15, 2004 (“Note”). Because of this unambiguous waiver,…