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LOUDERMILK v. CITIZENS BANK OF MOORESVILLE

No. 55A01-8603-CV-57.

505 N.E.2d 107 (1987)

John V. LOUDERMILK and Geneva P. Loudermilk, Defendants-Appellants, v. CITIZENS BANK OF MOORESVILLE, Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

March 19, 1987.

Attorney(s) appearing for the Case

Stephen M. Gentry, Indianapolis, for defendants-appellants.

Phillip R. Smith, Wehrle & Smith, Martinsville, for plaintiff-appellee.

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

John and Geneva Loudermilk appeal the trial court's order foreclosing a mortgage. We reverse.

FACTS

Robert and Nancy Heath owned real estate known as Summer Place. They placed upon the real estate two mortgages. The first mortgage was executed on June 27, 1978. The Heaths subsequently defaulted, resulting in a judgment of foreclosure on March 5, 1984, in favor of Citizens Bank against all defendants...

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