WOODALL v. CITIZENS BANKING CO.

No. 80A04-8601-CV-18.

507 N.E.2d 999 (1987)

John WOODALL, Janet Woodall, Appellants (Plaintiffs below), v. CITIZENS BANKING COMPANY, James Johnson, Johnson, Ritchart and Associates, Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

May 20, 1987.


Attorney(s) appearing for the Case

James E. Freeman, Jr., Sansberry, Dickmann, Freeman & Builta, Anderson, for appellants.

Robert A. Smith, Jane E. Magnus, Indianapolis, C. Michael Cord, Kokomo, for appellees.


YOUNG, Judge.

In our original opinion, we held that Citizens Banking Company did not have a duty to protect John and Janet Woodall against mechanic's liens. In their brief, the Woodalls argued that the mortgage between themselves and Citizens had been modified by Citizens allegedly obtaining one lien waiver and periodically verifying payment with materialmen. We rejected this argument, however, on the basis that the mortgage was required to be in writing under the...

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