Bank of New York v. Nally

OPINION

BAKER, Judge.

The circumstances of this case present an issue of first impression in Indiana: Is a mortgagee entitled to recover attorneys fees incurred when litigating the issue of mortgage priority?

Appellant-plaintiff Bank of New York, Trustee, (the Bank) appeals the trial court's award of attorney's fees to the third-party plaintiffs in this matter, Tod D. Owens and Pamela E. Owens (collectively, the Owenses). Specifically, the Bank argues that the Owenses were not entitled to such fees that were incurred in litigating the issue of priority of mortgages against the Bank because those…