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FIRST FED. SAV. & LOAN ASS'N v. STONE

No. 3-983A286.

467 N.E.2d 1226 (1984)

FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF GARY, Appellant (Plaintiff, Counter Defendant below), v. Edward E. STONE and Rosalie G. Stone, Appellees (Defendants, Counter Plaintiffs below), Roseland Construction Company, Inc., Fidelity Investment, Inc., Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

Rehearing Denied November 7, 1984.

Attorney(s) appearing for the Case

Glenn S. Vician, George W. Heintz, Borns, Quinn, Kopko & Lindquist, P.C., Merrillville, for appellant.

Don G. Blackmond, Doran, Manion, Boynton, Kamm & Esmont, South Bend, for appellees Edward E. Stone and Rosalie G. Stone.

Thomas C. Sopko, South Bend, for appellee Roseland Const. Co., Inc.

STATON, Presiding Judge.

First Federal Savings and Loan Association of Gary (First Federal) sued Edward and Rosalie Stone (Stones), Roseland Construction Company (Roseland), and Fidelity Investment, Inc. seeking to foreclose on a mortgage it held against Stones' home. Stones counterclaimed against First Federal and its agent which serviced the mortgage, Northern Indiana Mortgage Company (NIMCO), alleging they wrongfully refused tendered mortgage payments. That suit...

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