Legal Opinion

Commercial Bank v. Rockovits

Indiana Court of Appeals

Decided November 10, 1986No. 45A04-8601-CV-21PublishedCited by 6 opinions

1Opinion of the Court

YOUNG, Judge.

The Commercial Bank appeals from a dismissal for failure to state a cause of action upon which relief can be granted in a suit to foreclose a second mortgage on real estate, The only issue presented is whether the description of indebtedness in the mortgage document is sufficient to create a valid mortgage so as to allow a judgment of foreclosure to be entered. We reverse and remand to the trial court for further proceedings consistent with this opinion.

On July 16, 1978, John and Patricia Rock-ovits signed a promissory note in the amount of $9,000 and a mortgage in favor of The…

2Cases cited8 opinions

  1. Merchants National Bank & Trust Co. of Indianapolis v. H.L.C. Enterprises, Inc.Indiana Court of Appeals · 1982
  2. New v. SailorsIndiana Supreme Court · 1888
  3. Bowen v. RatcliffIndiana Supreme Court · 1895
  4. Creech v. LaPorte Production Credit Ass'nIndiana Court of Appeals · 1981
  5. Citizens Bank & Trust Co. of Washington v. GibsonIndiana Court of Appeals · 1984

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3Cited by6 opinions

  1. Liberty Mortgage Corp. v. National City BankIndiana Court of Appeals · 2001
  2. Plummer & Co. v. National Oil & Gas, Inc.Indiana Court of Appeals · 1994
  3. In Re CanadayUnited States Bankruptcy Court, N.D. Indiana · 2007
  4. SPCP Group, L.L.C. v. Dolson, Inc.Indiana Court of Appeals · 2010
  5. Kraft, LLC v. Greiner (In Re Kraft, LLC)United States Bankruptcy Court, N.D. Indiana · 2010

1 more not listed; retrieve them via the Exa API.

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