Berghaus v. U.S. Bank

OPINION

COMBS, Judge:

The Campbell Circuit Court dismissed the counterclaim of Rachel L. Berghaus in litigation initiated by U.S. Bank. The court also entered a judgment and order of sale in favor of U.S. Bank, trustee for the registered holders of Home Equity Asset Trust 2004-2, Home Equity Pass-Through Certificates, Series 2004-2. Berghaus now appeals. After our review, we affirm in part, vacate in part and remand.

On December 19, 2003, Berghaus, a sub-prime borrower, signed a note for a residential mortgage loan. Decision One Mortgage Co., LLC (a subprime mortgage lender and, at that time,…