Legal Opinion

Nationstar Mortgage, LLC v. Jeffrey A. Curatolo

Indiana Court of Appeals

Decided June 18, 2013No. 45A03-1211-MF-469PublishedCited by 5 opinions

1Opinion of the Court

OPINION

ROBB, Chief Judge.

Case Summary and Issue

Nationstar Mortgage, LLC (“Nations-tar”), appeals the trial court’s order modifying its mortgage agreement with Jeffery A. Curatolo. We find the following restated issue dispositive: whether the trial court had the authority to modify the mortgage agreement without consent of both parties. Concluding the trial court lacked the authority to do so, we reverse and remand.

Facts and Procedural History

In August 2006, Curatolo executed and delivered a promissory note and mortgage, promising to pay $245,000.00 plus interest and granting a security…

2Cases cited4 opinions

  1. First Federal Savings & Loan Ass'n of Gary v. StoneIndiana Court of Appeals · 1984
  2. Voigt v. VoigtIndiana Supreme Court · 1996
  3. Wencke v. City of IndianapolisIndiana Court of Appeals · 1981
  4. Allied Property & Casualty Insurance Co. v. GoodIndiana Court of Appeals · 2009

3Cited by5 opinions

  1. In re Mental Health Actions for A.S., Sara TownsendIndiana Supreme Court · 2014
  2. Jennifer G. Ansari v. Bank of New York Mellon (mem. dec.)Indiana Court of Appeals · 2015
  3. L. Ray Yeager, and Phyllis L. Yeager v. Deutsche Bank National Trust Company, as Trustee of the Residential Asset Securitization Tust 2005-A1, Mortgage Pass-Through CertificatesIndiana Court of Appeals · 2016
  4. L. Ray Yeager, and Phyllis L. Yeager v. Deutsche Bank National Trust Company, as Trustee of the Residential Asset Securitization Tust 2005-A1, Mortgage Pass-Through CertificatesIndiana Court of Appeals · 2016
  5. Lisa M. El v. Nationstar Mortgage LLCIndiana Court of Appeals · 2018

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