Legal Opinion

U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust v. Delphine D. Spurgeon, Co-Trustee of the Spurgeon Family Trust

Indiana Court of Appeals

Decided April 6, 2018No. 36A01-1711-MF-2521PublishedCited by 4 opinions

1Opinion of the Court

Brown, Judge.

[1] U.S. Bank, N.A., as Trustee for LSF9 Master Participation Trust, ("U.S. Bank") appeals the dismissal of its complaint for foreclosure. We reverse and remand.

Procedural History

[2] On December 21, 2016, U.S. Bank filed an In Rem Complaint on Note to Foreclose Mortgage against Delphine D. Spurgeon as co-trustee of the Spurgeon Family Trust Dated 12/3/04 (the "Trust") and the State of Indiana. The complaint alleges that Forrest K. Spurgeon, deceased, executed a promissory note (the "Note") evidencing a loan from Wells Fargo Financial Indiana, Inc., ("Wells Fargo") in the original…

2Cases cited6 opinions

  1. Lawson v. First Union Mortgage Co.Indiana Court of Appeals · 2003
  2. Larry J. Jernas and R & R Horse Haven, Inc. v. Kevin J. GumzIndiana Court of Appeals · 2016
  3. Bank of New York v. BrightIndiana Court of Appeals · 1986
  4. Ryan v. Lawyers Title Insurance Corp.Indiana Court of Appeals · 2011
  5. Wenning v. CalhounIndiana Court of Appeals · 2005

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

3Cited by4 opinions

  1. Med. Protective Co. of Fort Wayne v. Am. Int'l Specialty Lines Ins. Co.Court of Appeals for the Seventh Circuit · 2018
  2. Medical Protective Company of v. American International SpeciaCourt of Appeals for the Seventh Circuit · 2021
  3. Medical Protective Company of v. American International SpeciaCourt of Appeals for the Seventh Circuit · 2018
  4. Medical Protective Company of v. American International SpeciaCourt of Appeals for the Seventh Circuit · 2018

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