Gallagher v. Central Indiana Bank, N.A.

ROBERTSON, Presiding Judge.

Opal and Victor Gallagher (Gallaghers) and their son, Paul Robert Gallagher, appeal the trial court's decision ordering foreclosure on a mortgage which the Gallaghers executed in favor of the Central Indiana Bank, N.A. (Bank) to secure a personal note executed by their son, David Gallagher, and his wife, Mary.

Gallaghers argue the trial court's decision is clearly erroneous: 1) because unrefuted evidence proved that Victor lacked the capacity to execute a valid mortgage and 2) because even if the mortgage was valid, the Bank failed to prove the underlying debt on…